LAND OWNERSHIP IN ZANZIBAR A Comprehensive Guide for Citizens (Zanzibaris) and Non-Citizens: General Concepts, Modes of Acquisition, Procedures, Key Considerations & Authorities.
1. General Concept of Land in Zanzibar Foundational Principle:
All land in Zanzibar (whether occupied or unoccupied) is public land. It is vested in the President of Zanzibar to be held for the use and common benefit of the people of Zanzibar. Consequently:
• There is no private freehold (absolute perpetual ownership of the soil) available to anyone – neither to Zanzibari citizens nor to non-citizens.
• What individuals and entities hold is a right to use and occupy land, primarily through a Right of Occupancy or a long-term lease.
• The Minister responsible for land affairs administers public land on behalf of the President
1.1 Distinction Between Citizens (Zanzibaris) and Non-Citizens
Zanzibaris (citizens of Zanzibar status): May be granted a Right of Occupancy. They enjoy the fullest form of land interest available under the law.
Non-citizens / Non-Zanzibaris (including mainland Tanzanians and foreign nationals): Cannot be granted a Right of Occupancy in their personal capacity. They may acquire interests in land only through long-term leases, condominium unit titles, or via approved investment structures (typically under the Zanzibar Investment Promotion Authority – ZIPA
Disposition of Land in terms of mortgage and lease its done on registered Land only and such disposition it must be registered.
2. Modes of Acquiring Land/Interests in Land For Non-Citizens/Non-Zanzibaris
Non-citizens cannot be granted a Right of Occupancy by way of acquisition or purchase from the Government. However, once a Zanzibari holds a valid interest, that interest may be transferred (sold, leased, bequeathed or, in limited cases, gifted) to a non-citizen, subject to approval. The principal lawful modes for non-citizens are:
A. Long-Term Leases (Government Leases)
• Foreigners may acquire leases typically up to 99 years (commonly structured in renewable blocks of 33 years).
• Leases are granted or confirmed by the Commission for Lands / Land authorities.
• These leases confer extensive rights of use, development, commercial exploitation, transfer, inheritance and mortgage, subject to the terms of the lease and applicable law.
When purchasing property in Zanzibar, you obtain a leasehold title. This means you have a long-term lease from the government, which is the sole landowner in Zanzibar. The lease is typically structured in terms of 33 years, renewable up to three times, providing a total of 99 years. This arrangement allows foreigners to invest in Zanzibar through secure property ownership while respecting Zanzibar’s unique land ownership policies.
B. Condominium / Unit Titles
• Under the Condominium Act, No. 10 of 2010, foreigners may purchase individual condominium units (apartments, villas in approved schemes).
• The unit title is registered in the buyer’s own name and is legally distinct from the underlying land.
• The underlying land remains under government leasehold / public ownership.
• Owners become members of the condominium association/corporation and enjoy rights of sale, lease, mortgage and transfer subject to the declaration and law.
C. Investment through ZIPA-Approved Projects
• Foreigners may invest through companies or projects licensed/approved by the Zanzibar Investment Promotion Authority (ZIPA).
• ZIPA-certified strategic investment projects often facilitate long-term leases (up to 99 years) and may attract investment incentives and residence permit eligibility.
• Land within Free Economic Zones is administered by ZIPA.
D. Purchase of Existing Interest from a Holder
• A non-citizen may buy land/property from a person who already holds a Right of Occupancy or other lawful interest (including via inheritance or prior purchase).
• After purchase, the interest is typically converted into or registered as a government lease in the name of the foreign buyer for a term of up to 99 years.
3. Procedures for Acquiring Land / Interests
3.1 General Steps Applicable to Most Purchases (Citizens and Non-Citizens)
1. Identify the property and conduct preliminary due diligence (location, intended use, zoning).
2. Conduct an official search to verify ownership and absence of encumbrances: (Land Registry Division under the Zanzibar Commission for Lands)
• Registered land: Search report from the Commissioner for Lands / Land Registry.
• Unregistered land: Search/confirmation from the local government officer of the area.
• Free Economic Zone land: Details from ZIPA.
3. Engage a qualified advocate/lawyer experienced in Zanzibar land transactions.
4. Negotiate and prepare a written Sale/Purchase Agreement. The agreement must be attested and registered to have full legal effect.
5. Ensure the land is surveyed (if unregistered). A site plan should be prepared and boundary beacons fixed.
6. Submit the transaction for approval by the Land Transfer Board (established under the Land Transfer Act, 1994).7
7. Upon approval by the Land Transfer Board, a Transfer Certificate is issued.
8. The Commission for Lands issues a Government Lease (or confirms the interest) in the name of the buyer. Lease terms are commonly 33, 66 or up to 99 years, renewable.
9. Pay applicable stamp duty, registration fees and any other statutory charges. 10. Register the instrument at the Land Registry under the Registered Land Act.
3.2 Additional / Specific Steps for Non-Citizens and Investment Projects
1. If the acquisition is for investment purposes or exceeds certain thresholds (commonly linked to ZIPA projects), obtain ZIPA approval / Investment Certificate.
2. For condominium units in approved developments: Verify that the scheme is properly registered under the Condominium Act 2010 and that ZIPA (or relevant) approvals exist where required. 7Section 3 of Act No.8 of 1994
3. Register the business or project (if applicable) and submit relevant certificates to the Land Commission for transfer approval.
4. For building/development: Obtain a Building Permit from the Development Control Unit (DCU) under the Building Regulation Act. An Investment Certificate from ZIPA is typically required before applying for the building permit.
Important statutory rule (Land Transfer Act, 1994): No permanent transfer of land or long-term lease (generally exceeding three years) shall take effect until reviewed and approved by the Land Transfer Board. Registration of instruments that contravene this requirement is void until the proper process is completed.
4. Key Considerations When Purchasing Land in Zanzibar
1. Verify the seller’s title thoroughly – obtain an official search and confirm the interest is free from liens, disputes, mortgages or competing claims. Historical overlapping claims (especially in Stone Town and older areas) are not uncommon.
2. Confirm the exact nature of the interest being transferred (Right of Occupancy, existing lease, condominium unit title, etc.) and the remaining term.
3. Ensure compliance with the Land Transfer Board approval process – failure to obtain approval renders the transfer ineffective. 4. For non-citizens: Structure the acquisition correctly (lease, condominium, or ZIPA vehicle). Do not rely on informal arrangements or claims of “freehold”.
5. Check land-use planning, zoning and any development restrictions. Obtain necessary planning and building approvals before development.
6. Survey and physical inspection: Confirm boundaries, beacons, access, and any physical encroachments or environmental issues.
7. Costs: Factor in purchase price, stamp duty, registration fees, legal fees, survey costs, ZIPA fees (if applicable), and ongoing ground rent or service charges (for condominiums).
8. Inheritance and succession: Understand how the interest may be bequeathed or transferred on death under Zanzibar law and the terms of the lease/title.
9. Renewal of leases: Long-term leases are typically renewable, but renewal is subject to the terms of the lease and approval of the relevant authorities.
10. Engage independent local counsel and, where appropriate, a licensed surveyor and valuer. Avoid relying solely on agents or sellers.
11. For investment projects: Confirm minimum capital requirements under ZIPA rules and any sector-specific conditions (tourism, real estate, etc.).
12. Residence permits: Acquisition of property in certain ZIPA-approved projects may support eligibility for a Zanzibar Resident Permit, but this is not automatic and depends on current immigration rules.
Contact Alin Law Care today for expert support in land puchase in Zanzibar