sai2Ti2t, 8:28 AM Real Estate 2022 | Laws and Regulations | Zimbabwe | ICLG . al com i Lo - Rel Estate Laws and Re relat devel Intons-Zmbbne covers ky tples practice points ang comme retcom> Prac Aras Re Ett» Zvsbne Saute Chapter Content rie Ac 1 Realestate Law 2. Ownership 3: Real Estate Rights 4. System of Repiatation 5. The Rega / Regis 6 Real Etat Maret 7. Lables of Buyers and Sllers in RealEstate Transactions 8. Finance and Banking 9tax 10, Leases of Business Preminet 11. Leases of Reeder Promises 12, Public Law Permits and obtigtions 13, ctimate Change 1. Real Estate Law 1.1. Please briefly describe the main laws that govern realestate in your jurisdiction. Laws relating to leases of business premises shouldbe listed in response to question 10.1. Those relating to zoning and environmental should be listed In response to question 12.1, Those relating to tax shouldbe iste in response to questions In Section 9. Te ight to ownership is enshvined inthe Constitution of Zimbabwe. The Bill of Rights, n particular, Sections 71 ang 72, provides for property rights in general and rights to agricultural land, Every person has the right, in Zimbabwe, to acquire, hold, occupy, use transfer, lease, hypothecate or dispose ofall forms of property. The Deeds Registies Act (Chapter 20:05) establishes the country’s deeds registries and provides forthe registration of deeds and conventional hypothecations such as mortgage bonds and notarial bonds. I also establishes rights ta immovable property, the Fe csumanay 288 ANG other limited rights to property, There are various other statutes that regulate fentioned are the key statutes. hitpsielg.comfpractice-areasireal-ostate-aws-andegulations/zimbabwe # Zimbabwe: Real Estate Laws and Regulations 2022 Hot off the press Read this chap Contributors Prat W)WINTE Wintertons Legal ractit Other Zimbe~"n C 1sai2Ti2t, 8:28 AM Real Estate 2022 | Laws and Regulations | Zimbabwe | ICLG . al com i : “ consmucr'iMgtional laws relevant to realestate in your jridiction? Please ignore EU legislation enacted locally ie te Intemational laws are nat relevant to real estate in Zimbabwe unless they have been adopted locally “ade Wk 2. Ownership 2.1. Are there legal restrietions on ownership of real estate by particular classes of persons (enor persons)? ‘curently there are no restritions on foreign ownership or occupation In Zimbabwe. Section 71 (2) ofthe Constitution provides that every arson shall have the right to own all forms of property. 3. Real Estate Rights 3.1. What are the types of rights over land recognised In your Jurisdiction? Are any of them purely contractual between the patios? ‘The property rghts which are recognised by our law may be categorised as real rights and personal rights, Personal Fights are contractual and are only binding between the parties involved, whereas real rights are binding on everyone, Generally speaking, registration is required to convey ownership of land from one person to another, but certain rare cates the courts will recognise the right of beneficial ownership without registration, 32 Arethere any scenarios where the right to land diverges from the right to building constructed thereon? General, the owner of lands also the owner of all structures integrated with or afied to the land, including crops, buildings, machinery, wells, dams, ponds, mines, canals and reads, among other things. These are commonly termed ‘improvements’. This stems from the legal maxim: *Quicqudplantatur sola, solo ced: whatever is affixed to the soil belongs tothe soil” There are instances where, contractually, parties may conclude an agreement tothe effect that whatever improvements are made on the property remain the property of one party, while another owns the land. In other scenarios, an agreement might provide that the landowner wil retain the improvements eubject compensation belng paid. There is no separate procedure for the regictration of aright to abulding, however, the law relating to sectional tile permits co-owners ofa piece of land to have exclusive rights of accupation ofthat piece of land and any buildings thereon 3.3 Is there split between I consequences of any spit? Are there any proposals to change this? a tte and beneficial tte in your jurisdiction and what are the registration Yes, Acommon example inthe case of @ holder of alease, which has a tenure of a period of not less than 10 years. Sections 65-70 ofthe Deeds Registries Act (Chapter 20:05) provide forthe registration of leases atthe Deeds Offs. Section 69 provides forthe hypothecation of leases and subleases by means of a mortgage bond. Where the land leased ie mortgaged or subject to the rights of any other person, the consent ofthe mortgagee i required prior to hitpsielg.comfpractice-areasireal-ostate-aws-andegulations/zimbabwe anasai2Ti2t, 8:28 AM Real Estate 2022 | Laws and Regulations | Zimbabwe | ICLG . al com i : rvewos™ sofegistration 4.1 Isallland in your jurisdiction required tobe registered? What land (or rights) are unregistered? Land in Zimbabwe is classified into various groups, namely communal lan, agricultural land, residential land and land hich vests inthe State, In tems of Section 4 ofthe Communal Lands Act (Chapter 20:04), all communal land is vested in the President and requires no registration. Occupants may use ths and, in accordance with the Act. Rights to that land arelimited to occupation and use for agricultural and residential purposes. These rights are determined by customary law and, in some cases, whece apermithas been obtained. Communal land isnot reqstable. State land is regjstrable atthe Deeds Registry. It's governed by the Rural Lands Act (Chapter 20:18). The relevant Minister, acting in terms ofthe Rural Lands Act, may acquie any land and dret the Registrar of Deeds to cancel tie deeds in cespect of ‘thatland. Upon cancellation the land will vest inthe State. Agrcutural lands governed by various statutes and, more Importantly, by the Constitution of ibabwe. Section 72 (1) ofthe Rural Lands Act provides that only “pieces of agricultural land” are registrale inthe Deeds Registry, Residential landis registrable inthe Deeds Registry. Upon registration, a Title Deed is issued, which confirms a person’ rea ight tothe immovable property 42 Is there a state guarantes of title? What does it guarantee? ‘Theres no guarantee of tile by the State, 4.3 What rights in and a ‘compulsorily repistrable? What (if any) isthe consequence of nor Real rights and lmited real rights are compulsory registrable. Common examples include ownership and mortgages. land a 44° What rights i not required to be regist Personal rights are not registable. In addition, an example of rights of land that are not regstrable is found in short-term leases. In tems of Section 2 of ‘the Deeds Registries Act (Chapter 20:05), any lease that is subjectto a tenure of less than 10 years is short term, 45 Where there are both unregistered and registered land or rights is there a probationary period following fist registration or are there perhaps different classes or qualities of ttle on fist reglstration? Please give detall. First registration means the occasion upon which unregistered and or rights are first registered inthe regi ‘There is no probationary period following fis registration. The ight takes effect from the date of registration ofthe ‘dood in the Deeds Recisty. 46 Onaland sale, when is title (or ownership) transferred tothe buyer? (Ownership is transferred to a buyer onthe date thatthe relevant Deed is registered ref deserihe how some rights obtain priory over ather rights, De llr rights defeat later rights? Real rights take priority from the date that they are registered. Common examples where some rights obtain priority over others are found inthe case of mortgage bonds and registered lessees, hips ielg.comfpractice-areasireal-ostate-aws-andegulations/zimbabwe anasai2Ti2t, 8:28 AM Real Estate 2022 | Laws and Regulations | Zimbabwe | ICLG . al com i : eontitenyo rads registries in Zimbabwe, Ones inthe capital cty Harare, and the seconds inthe secondargest Ch j.----a¥0. —2¢h office has jursdiction over a specified area, meaning a plece of land may be recorded in one of, ‘the two registries. 5.2 How do the owners of registered realestate prove thelr ile? Alandowner proves thelr tile by producing a deed of transfer. A mortgagee will prove thet tile by means of a bond, Where a lease is registered, the lease holser will rove their tile by means ofa notarial deed 5.3 Can any transaction relating to registered realestate be completed electronically? Wha be provided tothe lan registry for the registration of ownership right? Can information on ownership of registered real estate be accessed electronically? ‘The Deeds Registries in Bulawayo anc Harare operate a manual system. Electronic registrations are nat yet in place and information cannot be accessed electronically, The documents requted for registration of tle include the identity documents of the seller and purchaser, power af attorney where necessary), company resolutions (where necessary), ‘an agrooment of sale, ané documentation showing that ll elevant government taxes have been paid, The system, ‘though manual is efficient and organised. 5.4 Can compensation be claimed from the registry/registiesifivthey make a mistake? No; Section 84 ofthe Deeds Registiee Act provides that ne act or omission by any registrar or any offer employed in ‘the deed registry shall render the State or such registrar Hable for damage sustained by any person in consequence of an actor omission 5.5 Are there restrictions on public access tothe register? Can a buyer obtain all he information he might reasonably need regarding encumbrances and other rights affecting realestate and is this achleved by a search of ‘the register? not, what addtional information/process is required? Information atthe Deeds Registry is accessible and avalable for public viewing and inspection, & search fee isnot required. However, should the enquirer wish to obtain a copy of any document kept at the registry a fees charged. A buyer may obtain any information that he may reasonably require. 6. Real Estate Market 6.1 Which parties (in addition tothe buyer and seller and the buyer’ finance provider) would normally be involved In areal estate transaction in your jurisdiction? Please briefly describe the les andlor duties. Convayancers, estate agente and legal practitioners are normally involved in areal estate transaction, as well as notaries public in some instances, 62 How and on what basis are these persons remunerated? est Net" ion whichis prescribed at S% of the value ofthe property being sold. This maybe vated by agreement. Conveyancers charge a fe, which is currenlly 3% ofthe value ofthe property or the purchase hitpsielg.comfpractice-areasireal-ostate-aws-andegulations/zimbabwe anasai2Ti2t, 8:28 AM Real Estate 2022 | Laws and Regulations | Zimbabwe | ICLG . al com i : 6 her ay change in the sources or the avallablity of capital to finance realestate transactions in your jurisdiction, whether equity or debt? What are the main sources of capital you see active in your market? ‘The main source of capitals through mortgages. There has been no significant change in recent years, 6.4 Whatis the appetite for investors and/or developers to invest in your reglon compared to last year and what are the sectors/areas of most interest? Please give examples. ‘The appette fr investors to invest in Zimbabwe has improved following the new political dispensation. Developments are awaited on the poltical front. The real estate, miving and renewable energy sectors are of particular interest. 6.5 Have you observed any trends in particular market sub sectors slowing down in your jurisdiction in terms of ‘their attractiveness to investors/developers? Please give example No particular trends have been observed 7. Liabilities of Buyers and Sellers in Real Estate Transactions 7.1 What i any) are the minimum formalities forth sale and purchase of real estat ‘There must be an agreement of sale, preferably (but not necessarily) reduced to writing, which identifies the property and specifies the price and the terms of payment. The basic principles of contract law will apply to buyer and seller jsclosed? 7.2 Isthe seller under a duty of disclosure? What matters must be: Yes. The seller has a duty to disclose defects on the property. The duty extends to defects that are within the seller's knowledge but which may not be obvious tothe eye. A seller who Is acting in good faith must also disclose any encumbrances on the tte 7.3 Canthe seller be liable tothe buyer fr misrepresentaion? ‘Yeo f the purchaser acted on the untrue statement and as a result of it, entered into the sale agreement. The: purchaser must have suffered oss as a result ofthe untrue statement. The recourse avalabe to a purchaser i to institute an action for damages. The sellers lable to the buyer for breach of any warranties made 7.4 Do sellers usually give any form of tle “guarantee” or contractual warranties tothe buyer? What would be the scope of these? What isthe function of any such guarantee or warranties (e.g o apportion ris, to give information)? yer carrying out his own dligence? Would any such guaranteo or warranties act as a substitute forth Yes. Sellers may give warranties and representations, and these must be expressly sated in their sale agreements. xg of uneretion a ‘2 That the buildings on the land (if any) are built in compliance with relevant statutory requirements and building laws. That the property is fee from defects. hitpsielg.comfpractice-areasireal-ostate-aws-andegulations/zimbabwe onasai2Ti2t, 8:28 AM Real Estate 2022 | Laws and Regulations | Zimbabwe | ICLG . al com i : 25 ¢°""eller retain any lables in respect ofthe property post sale? Please give detalls. Under common law, the seller warrants only thatthe purchaser will have undisturbed possession of the property. 7.6 What (any) are the lables of the buyer (i lion to paying the sale price)? ‘The purchaser ie require to pay the relevant transfer fees to the conveyances, who will prepare the necessary ‘documents and facilitate the transfer of the property tothe purchaser. The purchasers requires to pay rates duc tothe City of Harare forthe advance over a period of three manths. In addition, the purchaser is required to pay stamp duty to ‘the Government which Is prescribed in terms of the Finance Act (Chapter 23:04. In some instances the purchaser and seller may agree that each will contribute ta the commission payable to an estate agent, where one is involved, a5 ‘opposed to the more usual position where the seller is solely responsible. 8. Finance and Banking 8.1. Please briefly describe any regulations concerning the lending of money to finance real estate. Are the rules diferent as between resident and non-resident persons and/or between individual persons and corporate entitles? ‘The Deeds Registries Act provides forthe registration of a mortgage bond ove debt. There are no differences in the rules relating to residents and non-esidents, nor in those relating to individval petsons and corporate entities property ta secure the payment of @ 8.2 What are the main methods by which areal estate londar socks to protect itsalf from default by the borrower? The main methods by which lenders may protect themselves areas follows: '& Mortgage bonds which are registered over immovable property Notarial bonds, which ate registered over movable property, . Suretyship agreements entered into by the lender and the dectors, shareholders or othe third part 4. Hypothecations of leases. €@.Cessions of income generated by the property. £ Pledges. 8.3 Whatar mortgagee tort the common proceedings for realisation of mortgaged properties? Are there any options for a ise a mortgaged property without involving court proceedings othe contribution of the mortgagor? lender cannot realise a mortgaged property without fst approaching the court and obtaining a court order ‘Thereafter, the lender wll proceed to have @ writ of execution issued by the relevant court and anly then may the lender proceed with a salen execution, There ate no other option. What minimum formalities are required for eal estat lending? The othe capacity to enter into the legal contract, There are no legal formalities per se: hat ders usually reduce the agreement into witen form, which s subsequently signed by both parties. Securty is required and a bondis registered over the property. hitpsielg.comfpractice-areasireal-ostate-aws-andegulations/zimbabwe enasai2Ti2t, 8:28 AM Real Estate 2022 | Laws and Regulations | Zimbabwe | ICLG . al com i : conrtucin?ag?® already been registered over the property, the realestate lender can seek to arrange thatthe n on inks pari passu or at par with the fist bond forthe purposes of enforcement. The lender may even request a waver of preference from the fist mortgagee so that the new mortgage bond ranks rst. The Fk may also be averted through placing a caveat on the asset in question such hati the borower wishes to sel, vansfer cannot go through until the caveats uplifted 8.6 Under what circumstances can security taken by a lender be avoided or rendered unenforceable? Security taken by a lender may be dificult to enforce In cases where the company ie placed under judicial management cor liquidation or itis deemed an undue preference, In that scenati, leave ofthe court is mandatory the lender must proceed with execution, 8.7 What actions, If any, can a borrower take to frustrate enforcement action by a lender? | corporate borrower may apply for corporate rescue o liquidation. An invidual may be ceclared insolvent, consequently frustrating enforcement action. 8.8 Whatis the impact ofan insolvency process ora corporate rehabilitation process onthe position of areal estate lender? Insolvency may have the effect of delaying enforcement, as alldve processes will need eave ofthe court. Insolvency will normally have no practical impact where a realestate lender isa secured or preferred creditor. 8.9 Whats the process fr enforcing security over shares? Does a lender have a right to appropriate shares ina borrower given as co tera? Iso, can shares be appropriated when a borrower isin administration or has entered another insolvency or reorganisation procedure? ‘Shares can be delivered tothe lender as a pledge for payment ofthe debt. The debtor can object tothe appropriation of those shares and, the appropriation unfai, where the debtor is made insolvent, the creditor would have to agree with the trustee ofthe insolvent estate for the shares to be taken over, Otherwise, the shares will be sold by the trustee, with the creditor being a secured or preferred creditor. 9. Tax 9.1 Are transfers of real estate subject to a transfer tax? How much? Who is liable? Yes, the transfer of realestate is subject to transfer duty which is payable by the purchaser. The amount payable is. governed bythe Finance Act (Chapter 22:04). 9.2 Whenis the transfer tax paid? Transfer duty is pald on cegisvation of wanefer 9.3 (eierwontnol state by individuals subject to income tax? Transfers of real estate are not normally subject to income tax, unless the owner is a dealer in real estate hitpsiels.comfpractice-areasireal-ostate-aws-andegulations/zimbabwe m4sai2Ti2t, 8:28 AM Real Estate 2022 | Laws and Regulations | Zimbabwe | ICLG . al com i : Aeereuon' yg 2tion 0 be Zero-rated for VAT purposes. 9.5 What other tax or taxes (if any) are payable by the seller on the disposal ofa property? ‘The seller's required to pay capital gains tax onthe disposal of propery 9.6 Is taxation different if ownership ofa company (or other entity) owning real estates transferred? The ial for tax remains the same, whether ownership vests in a company or an indvidual, Theres no distinction, 9.7 Are there any tax issues that a buyer of real estate should always take into consideration/conduct due dligence on? A buyer of eal estate should ascertain whether te seller is VATegistered, 10. Leases of Business Premises 10.1 Please briefly describe the main laws that regulate leases of business premises. The Commercial Premises (Rent) Regulations SI 676/1983 regulate the leting of business premises. They define and {isunguish commereal premises from residential the procedure relating to the determination of fae rent and statutory ‘tenancies in respect of commercial premises, The particular lease agreement wil also prescribe the rights and obligations of each party 10.2 What types of business lease ‘There are no aitferent types of business lenses. 10.3 What ate the typical provisions for leases of business premises in your jurisdiction regard ‘term; (b) rent increases; (c) tenant’ right to sell or sub- and (i) transfor of lease as a result of a corporate restructuring (o.g. merger); and (P repairs? ) length of, (2) insurance; (e) () change of control of the tenant; Commercial leases are usualy long-term leases, where the lessee has an option to renew. The situation in Zimbabwe is curently volatile and highly infationary, and there is an increased risk of ren defaulters. This has forced commercial property owners to enter into shorter lease agreements, without renewal options Lease agreements will almost always contain provisions that deal with rent increases. Normally rentals are reviewed biannually or yearly. The past two years have eeen rentale uctuating, depending onthe econemic climate. The Introduction ofthe mut-currency system and the current “ating system” of currency have ledto the frequent review of rentals. Property owners now demand payment of rentals in United States dollars, because local curency quickly loses must have the landlords express permission. Where the agreement is silent onthe iss, easing is pronisites hitpsielg.comfpractice-areasireal-ostate-aws-andegulations/zimbabwe anasai2Ti2t, 8:28 AM Real Estate 2022 | Laws and Regulations | Zimbabwe | ICLG . al com i : Penman 9a ition. The rent payable usually factors inthe likely cost of maintenance and repair work. 10.4 What taxes are payable on rent either by the landlord or tenant ofa business lease? ‘There areno taxes payable, save fr income tax and possibly VAT. 10.5 Inwhat circumstances are business leases usually terminated (e.g. at expiry, on default, by ether party te)? Are there any special provisions allowing a tenant to extend or renew the lease or fr elther party tobe compensated by the other for any reason on termination? In terms of Section 22 ofthe Commercial Premises (Rent) Regulations the termination of a lease over commercial property takes place by effluxion of ime or where notice has been given by lther the lessor or lessee, according tothe timelines agreed upon inthe lease agreement or by a court order where the lessor has established good and sufficient grounds There are no commen tam provisions permiting a tenant o renew ane extend the lease, Statutory tenancies may, however be created, the effect of which I the inadvertent extension and renewal ofthe lease, in instances where the ‘tenant continues to pay ts rentals and performs other obligations ofthe lease, afer the fixed lease period has terminated Compensation by he lessor may arise forimproverents effected bya lessee on the property, in terms ofthe lease agreement 10.6 Does the landlord and/or the tenant of a business lease cease to! le for ther respective obligations Under the lease once they have sold their interest? Can they be responsible after the sale in respect of pre-sale non- compliance? I¥ a property sold the new owner steps into the shoes ofthe previous owner. 10.7 Green eases seck to impose obligations on landlords and tenants designed to promote greater sustainable use of bulldings and in the reduction of the “environmental footprint’ of abulding. Please briefly describe any “green obligations” commonly found in leases stating whether the are clearly defined, enforceable legal obligations oF something not amounting to enforceable legal obligations (for example aspirational objectives) ‘There areno green obligations commonly found in lease agreements, 10.8 Are there any trends in your market towards more flexible working spaces (co-working) or shared residential spaces with greater levels of faciltis/activities for residents (co living)? If s0, please provide examples/ otal Meaningful trends are yet to develop 11. Leases of Residential Premises 1-1 Pleace briefly deseribe the main laws that re ate loases of residential premises. hitpsielg.comfpractice-areasireal-ostate-aws-andegulations/zimbabwe onasai2Ti2t, 8:28 AM Real Estate 2022 | Laws and Regulations | Zimbabwe | ICLG . al com i : 1 ‘the — vs differ ifthe premises are intended for multiple different residential occupiers? No, the laws donot difer. Section 3 of the Commercial Premises (Rent) Regulation offers a wide definition of Aweling/tesidential premises, such that premises for mukiple diferent residential occupiers would be regulated by the 11.3 What would typical provisions fora lease of residential premises be in your jurisdiction regarding: a) length of term; (b) rent inereases/controls;() the tenant’ rights to remain in the premises atthe end of the term; and (4) the nant’ contibution/obligation tothe property “costs” e.g Insurance and repalr? Residential leases vary in length of term, Generally the term willrange fom one to three yeas. In olatile economic circumstances rentals are increased biannually or quarterly. In more stable crcurnstances, rentals are reviewed yearly, ‘The tenant has an obligation to meet the costs incurred in respect ofthe property. The basis on which these costs are paid is determined by whether thelease isa net lease or gross lease. In gross lease, the rent payable to the lessor by the lessee wil include the estimated costs of repair, and the lessor will have the responsibilty of ensuring repats are carrieg out, n ane lease, the rent payable will ot include any allocation towards costs, andthe lessee willbe responsible for ensuring all costs are met and repairs are carted out to the requisite standard Atte end of the term of lease the tenant ie required ta vacate the property. The tenant will nat acerue any rights to remain on the premises, unless the tenant is deemed a statutory tenant, 11.4 Would there be rights fora landlord to terminate a residential lease and what steps would be needed to achieve vacant possession ifthe circumstances existed forthe right tobe exercised? ‘lease agreement will contain breach and cancellation provisions. If there isa statutory tenancy alandlord may ‘terminate a lease agreement where its proved that the lessee has done or is doing material damage tothe dwelling, or Ifthe lessee has been guilty of conduct likely to cause material damage to the property or material or substartial inconvenience o occupiers of neighbouring or adjoining properties. The ease may also be terminated where the landlord has glven notless than three calendar month! written notice fo the lessee to vacate and where the Rent Board issues a certificate tothe effect thatthe requirement thatthe lessee vacates the property is fair and reasonable. ‘Thelessor would need to bring an application before the Rent Board, ora court, 12. Public Law Permi and Obligations 12.1 What ate the main laws which govern zoning/permitting and related matters conceming the use, and occupation of land? Please briefly describe them and include environmental laws. ‘The main legislation that governs zoning and permits isthe Regional, Town anc Country Planning Act (Chapter 29:19), The Act provides forthe planning of regione, dstiets and local areas with the object of conserving and improving the Phy folowsontneslnartoul promoting heath, safety, order, amenity, convenience and general welfare, as well as efficiency and economy inthe pracess of development and the improvement of communications. Further, regulates the making of regional, master and local plans, provides forthe control af the development and regulation of hitpsielg.comfpractice-areasireal-ostate-aws-andegulations/zimbabwe ronsai2Ti2t, 8:28 AM Real Estate 2022 | Laws and Regulations | Zimbabwe | ICLG . al com i : Teonmuein™ag! Management Act (Chapter 0:27) established the Environmental Management Agency (EMA), ot testo enforce the Environmental Management Act. The First Schedule ofthe Environmental Management Act sts all projects that require environmental impact assessment. The sts exhaustive and all ‘encompassing, and, inter ala, covers housing developments, dams and lakes, petroleum production, storage and Aistibution, power generation, road works, mining and quarrying, and industry. The EMA demanes strict compliance with the provisions ofthe Environmental Management Act and the Regional Town and Country Planning Act. Heavy fines are imposed where there is non-compliance with these laws. Criminal sanction is also avalable where offences are committe; these include imprisonment fr upto 12 months. 12.2 Canthe state force land owners to sal land tot? If 20 please briefly describe including prica/compensation ‘mechanism. Sections 71 and 72 of the Constitution of Zimbabwe empower te State to compulsorly acquire immovable property Section 77 desle with property generally, but to the exclusion of agrcultural property. Section 71(8) provides the circumstances under which compulsory acquisition of property is permissible. Interms of Section 71 (8) (c), compensation is payable by the State before accuting the property or within a reasonable tine ater acquisition Section 72 deals with compulsory acquisition of agricultural land, Section 72 (8) states no compensation forthe land 's payable, save only for improvements made onthe land, 12.3 Which bodies control land/bui 19 use and/or occupation and environmental regulation? How do buyers obtain reliable information on these matters? The local municipalities and town councils contol land, bulléing use and occupation, The EMA regulates environmental issues and concems. Buyers can obtain reliable information through consulting these bodies 124 What main permits or licences are required for building works and/or the use of real estate? Building plans must be approved by the town planning authors, 125 Are building/use permits and licences commonly obtained in your jurisdiction? Can implied permission be ‘obtained in any way (e.9. by tong use)? Yes. Building permits are ready obtainable fom the celevant acal authority of municipality. A permit must precede ‘any development however in suitable cases, one can apply to regulaise any development ar change of land use where prior permission had not been obtained, 12.6 Whatis the typical cost of buildng/use permits and the time involved in obtaining them? ‘The cost and timeframes vary considerably, depending onthe particular development concerned 12, jovorsontntsly_ 9N8 on the protection of historic monuments In your jurlsdition? If any, when an how are mey ukely to arect he transfer of rights in realestate or velopmentchange of use? hitpsielg.comfpractice-areasireal-ostate-aws-andegulations/zimbabwe nnasai2Ti2t, 8:28 AM Real Estate 2022 | Laws and Regulations | Zimbabwe | ICLG . al com i : Feo w fare. Trustees ofthe National Museums and Monuments, to declare and to compulsorly acquire any bulging thats deems a national monument. The National Museums and Monuments Ac further empowers the Board of Trustees ofthe National Museums and Monuments to acquire any reli, fossil or any land relating tothe relic or Nigga Museums and Monuments Act (Chapter 25:11) empowers the relevant Minister, consultation Any rights which ordinarily accrue toa landowner are affected atthe time that notice is given to the property owner of| the intended declaration or acquisition, once the Board of Tustees ofthe National Museums and Monuments identifies 8 property as having histori interest. tential buyer obtain reliable information on contamination and pollution of real estate? Is 1 public register of contaminated land in your jurisdetion? The Environmental Management Act establishes the Environmental Management Boar, which manages the operations of the EMA. The Environmental Management Board consists of members who must be experts inter alia, in ecology, pollution, waste management, sll science, hazardous substances, water and sanitation, Section 58 o Environmental Management Act provides that all owners or operators of iigation projects, sewerage systems, industrial production workshops or any other undertaking which may discharge effuents or other pollutants ‘must submit tothe Environmental Management Board accurate information regarding the quantity af the pollutant and ‘the quality of such effiuent or pollutant, The Environmental Management Board has a duty to maintain all data submitted by persons. A potential buyer can therefore approach the EMA forthe puraose of obtaining information on contamination and pollution. This information is readily available and accessible, There is, however, no public register. 129° Inwhat circumstances (i any) is environmental clean-up ever mandatory? Section 83 o EMA provides that no person shal discard, dump or leave any iter an any land or water surface, ‘ret, road or sit. This section places a duty on every person or authority responsible forthe maintenance of any place t, at alltimes, ensue that containers are provided which are suitable forthe disposal of litter Environmental cleanup is, by deduction, mandatory for every person. ra10 Please briefly outline any regulatory requirements forthe assessment and management of th performance of buildings in you jurisdiction ry ‘There areno regulatory requirements forthe assessment of the energy performance of buldings, 13. Climate Change 18.1 Please briefly explain the nature and extent of any regulatory measur ‘missions (Including any mandatory missions trading scheme). for reducing carbon oxide | 2001, the Government of Zimbabwe introduced a carbon tax, being @ levy on carbon dioxide-emiting,citbased feng folor veontsesln_mpliance on motorists against carbon emissions. The purpose ofthe taxis to enable the Government to alivercimate-sensitve interventions, The taxis collected by the Zimbabwe Revenue Authority ives), hitpsielg.comfpractice-areasireal-ostate-aws-andegulations/zimbabwe ranesai2Ti2t, 8:28 AM Real Estate 2022 | Laws and Regulations | Zimbabwe | ICLG . al com i : use change and the forestry sector were the primary emitters, contrbuting 59% to overall emissions, 1 ¢ stu at 18%, industrial processes at 2% and waste at 1%. The EMA continues to pursue new strategies and projets aimed at reducing emissions. 1.3 Are there any other regulatory measures (nota both newly constructed and existing buildings? .ady mentioned) which aim to improve the sustainability of Zimbabwe launched the Green Building Council of Zimbabwe (GBCZW) on 20" September 2016. The main objective of the G3CZW is to advocate for sustainability in the ult environment, The GBCZW has engaged with various accredited professional, with a view to setting up cegulavions that will help drive the GBCZWs objectives, The GACZW has created a system of tating” of bulcings, to determine ther sustainability, The GBCZW, working with EMA, aims to carry out outreach programmes to rise awareness ofthe various building products andthe effects these have on the 14. COVID-19 4.1 Please detail any laws that govern realestate in your jurisdiction which were introduced in response tothe «fect of the Coronavirus (COVIO-19) pandemic and which remain in place. + Principal changes to real estate law were introduced in Zimbabwe asa rection tothe COVID-19 pandemic in 2020. The Presidential Powers (Ternporary Measures) (Deferral of Rent and Mortgage Payments During National Lockdown) Regulations $1 96/2020 were promulgated onthe 28" April 2020, + The salient features ofthe Regulations were that + For the duration ofthe lockdown, a person occupying ented accommodation fr residential purposes was. ranted a deferal to pay rent + The said person was not be subjected to any legal proceedings forthe eviction or electment from the land or premises + No tenant waste be subjected to any landlord's lien forthe recovery of rent unpaid during the lockdown, + With regards to mortgages: + Every mortgagor was granted deferral to make morigage repayments + The mortgagor was not be subjected to any legal proceedings fo the foreclosure of a mortgage bond or the taking of possession of a mortgaged property or the ejeetment from a mortgaged propery. + The deferral appled up to May 2020. With effect from May 2020, all protected” tenants were required to settle ‘thei arrears in six o ine instalments depending on the circumstances. Similarly the “protected” mortgagor was afforded a repayment plan for deferred payments, without ary interest or penalties. com os UPA ‘wow ; ou cn conv hitpsielg.comfpractice-areasireal-ostate-aws-andegulations/zimbabwe sanasai2Ti2t, 8:28 AM Real Estate 2022 | Laws and Regulations | Zimbabwe | ICLG s al Up com Wee : funawos Mame Pree Arent ¥ tedeons Compe A Receach LntetOtefngs uses Sects ¥LatetNens ¥CLGCrets Pater vee chapter by registering with us FREE Already registered? Log in Register with us Fi hitpsielg.comfpractice-areasireal-ostate-aws-andegulations/zimbabwe vane