Legal Area

Table of Contents

  1. Preamble
Rwanda

Human Habitation Law 2011

  • Commenced on 12 July 2011
  • [This is the version of this document at 1 January 2019.]
THE PARLIAMENT HAS ADOPTED AND WE SANCTION, PROMULGATE THE FOLLOWING LAW AND ORDER IT BE PUBLISHED IN THE OFFICIAL GAZETTE OF THE REPUBLIC OF RWANDA. THE PARLIAMENT:The Chamber of Deputies, in its session of 06 December 2010;Pursuant to the Constitution of the Republic of Rwanda of 04 June 2003 as amended to date, especially in Articles 29, 30, 49, 62, 66, 67, 90, 92, 93, 108 and 201;Pursuant to Organic Law n° 04/05 of 08/04/2005 determining modalities for protecting, safeguarding and promoting environment in Rwanda; Pursuant to Organic Law n° 08/2005 of 14/07/2005 determining the use and management of land;Pursuant to Law n° 08/2006 of 24/02/2006 determining the organization and functioning of the District;Pursuant to Law n°10/2006 of 03/03/2006 determining the organization and functioning of the City of Kigali;Pursuant to Law n° 18/2007 of 19/04/2007 relating to expropriation in the public interest;Pursuant to Law n° 56/2008 of 10/09/2008 governing memorial sites and cemeteries of victims of the genocide against the Tutsi in Rwanda;ADOPTS:

Title One
General provisions

Chapter One
Purpose of this law and definitions of terms

Article One – Purpose of this law

This Law governs land occupation and construction on lands reserved for human habitation.

Article 2 – Definition of terms

For the purposes of this Law, the following terms shall have the following meanings:
1ºhuman settlements: areas of land characterized by human activities;
2ºunplanned settlement areas: occupied urban areas which do not conform to the requirements outlined in the urban planning scheme;
3ºsettlement operations: land planning activities as provided by relevant laws;
4ºrural area: an area which is mainly characterized by agricultural and livestock activities. It is also characterized by a small number of medium-height buildings within a cluster of dwellings;
5ºland ownership certificate: administrative document issued by competent authorities certifying ownership of land or any immovable property located thereon;
6ºrestructuring of group settlement site: operation consisting of reorganizing a group settlement site by modifying the composition and layout of its components;
7ºspecial area development plan: urban plan developed for areas within which the State, Districts and land agencies may develop programs for land planning, infrastructure, urban renewal and rehabilitation;
8ºgeneral area development plan: plan governing the allocation and occupation of land in a given area;
9ºurban replotting: land development operation in a given urban area which consists of consolidating plots of land in order to make them suitable for new types of construction;
10ºland subdivision: land planning operation consisting of dividing bare land into more than two (2) fully serviced plots intended for settlement or other related activities;
11ºhabitation: a group of human settlements which is characterized by the size and the nature of the area occupied, which distinguishes urban settlement from rural settlement;
12ºvarious networks: water supply, waste water, sewage disposal, electrification, communication networks or any other infrastructure requiring a connection;
13ºurban planning documents: documents consisting of the Land Use Management and Urban Master Plans as well as general and special urban development plans;
14ºrural buildings: buildings comprised of:
a)houses erected in a group settlement site;
b)houses erected in agricultural or pastoral holdings;
c)infrastructure intended for use by the public in rural areas; or
d)other infrastructure developed in rural areas.
15ºco-ownership: ownership right of several people over the same property;
16ºcondominium: a type of joint ownership of real estate in which portions of the property are commonly owned and other portions are individually owned;
17ºurban renewal: an operation which is part of a plan for the reconstruction of an urban area through the substitution of old elements for new elements;
18ºdevelopment of urban areas: all operations aimed at improving the living conditions of urban populations;
19ºbare site: space which is neither planted nor built-up;
20ºland base: land on which a building is erected;
21ºgroup settlement site: a dwelling area included in the settlement organization plan applicable in Rwanda on which grouped houses of the same standard are erected and which is fully serviced and offers possibilities for its extension;
22ºland subdivision license: document issued by the competent administrative authority authorizing the division of land into two (2) or more fully serviced lots intended for housing and socio-economic activities;
23ºconstruction permit: document issued by the competent administrative authority authorizing the construction of a building.

Chapter II
Human settlements

Section One: Types of human settlements and determination of corresponding areas

Article 3 – Types of human settlements

Human settlements may be classified as urban or rural depending on the land use outlined in the National Plan for Rational Land Use, District Development Master Plan, the Urban Development Master Plan and other instruments on local land development as well as in district development plans.

Article 4 – Areas reserved for human habitation

Areas reserved for human habitation shall be determined in:
1ºthe District Development Master Plan;
2ºthe Urban Development Master Plan for land governed by urban planning laws;
3ºDistrict development plans.

Article 5 – Criteria for determining areas reserved for human settlements

In determining areas reserved for human settlements, the following factors shall be taken into consideration:
1ºbasic direction set by the Government for land development;
2ºwell-balanced development between Provinces and Districts ;
3ºeconomic and social development perspectives;
4ºenvironmental protection and preservation;
5ºland development progammes.

Section 2: Urban human settlements

Article 6 – Urban human settlements

Urban human settlements shall occupy areas reserved for construction projects, infrastructure, industrial activities, various networks, green spaces, historical sites or urban land reserves.

Article 7 – Urban settlement areas

Urban settlement areas shall primarily consist of residential areas. Residential areas may be classified as high-, medium- or low-level areas in accordance with relevant laws.

Article 8 – Built-up urban areas

Built-up urban areas may consist of planned built-up areas or unplanned built-up areas.The methods for renewal of the areas referred to under the preceding Paragraph shall be provided for by laws on urban planning and building.

Article 9 – Areas for economic activities

In accordance with urban planning and building laws and environmental laws, areas reserved for industrial, commercial, handicraft or other economic activities may be located in the same area or spread across the whole urban area.

Article 10 – Location of infrastructure, green spaces and urban land reserves

Sites for infrastructure, green spaces and urban land reserves shall be defined in the urban development plan with the objective of facilitating urban integration and settlement in general.

Article 11 – Obligation to put in place a water collection and drainage system in urban areas

For the purposes of environmental protection, preservation and promotion, each urban human settlement area must be equipped with an adequate rainwater collection and drainage system that is in compliance with hygiene and sanitation legislation.

Section 3: Rural human settlements

Article 12 – Rural human settlements

Rural human settlements shall occupy spaces reserved for the construction of residences. Every residence shall be constructed in a group settlement site.However, an Order of the Minister in charge of habitation shall specify other types of construction which may be built outside of group settlement sites.

Article 13 – Location of infrastructure and public buildings

Without prejudice to agricultural, livestock and environmental protection activities, infrastructure and public buildings shall be erected in residential areas by taking into account the need to ensure easy access thereto by all users.

Article 14 – Obligation to put in place a water collection and drainage system in rural areas

For the purposes of environmental protection, conservation and promotion, each rural human settlement shall be equipped with an adequate rainwater collection and drainage system that is in compliance with hygiene and sanitation legislation.

Title II
Habitation

Chapter One
Settlement operations

Article 15 – Settlement operations in urban areas

Settlement operations that can be carried out in an urban area shall consist of the identification of group settlement sites, land subdivisions, restructuring and replotting, urban renewal and real estate restoration.Such operations shall be governed by the laws on urban planning and building.

Article 16 – Settlement operations in a rural area

Settlement operations that can be carried out in a rural area shall consist of the identification of group settlement sites, land subdivisions, restructuring and replotting, rural renewal and real estate restoration.Such operations shall be governed by the laws on land development and building in rural areas.

Article 17 – Choice of a group settlement site and applicable criteria

Local communities shall participate in the process of identifying a group settlement site, which is determined by the Council of the relevant administrative Sector upon the approval of the District Council and after the advice of the Rwanda Housing Authority (RHA).The choice of a group settlement site shall be made on the basis of the local land use development plan.

Article 18 – Expropriation of land selected to serve as a group settlement site

Any land selected to serve as a group settlement site shall be expropriated in accordance with the procedure provided for by the laws relating to expropriation in the public interest.

Article 19 – Subdivision of a group settlement site

Land selected to serve as a group settlement site shall be subject to a land subdivision plan.The Rural Land Subdivision Plan shall indicate locations reserved for:
1ºconstruction of roads;
2ºrouting of various networks;
3ºinfrastructure;
4ºdumps;
5ºharvesting and treatment of rainwater and wastewater;
6ºany other public use facility.

Article 20 – Establishment and approval of the Rural Land Subdivision Plan

The Draft Rural Land Subdivision Plan shall be developed by the Rwanda Housing Authority at the District level.The District Mayor shall submit the Draft Rural Land Subdivision Plan to the District Council after seeking advice from the persons in charge of environment, infrastructure, and hygiene and sanitation at the District level.However, the Draft Rural Land Subdivision Plan cannot be submitted to the District Council unless it is accompanied by written advice provided by the officials referred to in the preceding paragraph.

Article 21 – Development of plots in a rural area

The development of plots in a rural area shall be the responsibility of future occupants of the subdivided site while the development of infrastructure shall be borne by the District.However, an individual, a legal entity, an institution, an association or an organization with legal personality, whether public or private, may develop land subdivisions for the purpose of selling plots or building houses on the plots, or making them available to the population free of charge. To this end, the developer shall enter into an agreement with the District.

Article 22 – Restructuring of a group settlement site

Social development may necessitate the restructuring of a group settlement site, consisting of equipping the site with new infrastructure which was not initially planned in the development of the group settlement site and of extending existing facilities. Such restructuring may require plot restructuring and renovation of some structures in compliance with the restructuring plan referred to in Article 23 of this Law.

Article 23 – Procedure for restructuring a group settlement site

The restructuring of a group settlement site shall be subject to a restructuring plan and shall comply with the procedure provided for in Article 20 of this Law.

Chapter II
Construction of residential houses

Section One: Construction in urban area

Article 24 – Laws applicable to the construction of residential houses in urban area

Construction of residential houses in urban area shall be subject to the provisions of the Law governing urban planning and building in Rwanda.

Section 2: Construction in rural area

Article 25 – Indicative construction plans of residential houses

An Order of the Minister in charge of habitation shall determine the indicative construction plans for residential houses in rural areas and other applicable requirements depending on the special characteristics of each District and in compliance with environmental laws.The Executive Secretary of the Sector shall authorize the building of a house which does not comply with the indicative plan referred to in paragraph one of this Article after seeking advice from the Rwanda Housing Authority at the District level.

Article 26 – Inspection of construction projects

A Rwanda Housing Authority technician at the District level shall visit a construction site to ensure compliance with the Rural Land Subdivision Plan and indicative plan provided to the population.If the technician establishes that any construction regulation has been violated, the technician may suspend the construction activities.Upon the report submitted by the technician, the Executive Secretary of the Sector shall give the project owner a written notification indicating the noncompliance to be revised within sixty (60) days of the receipt of the notification.Construction shall not be resumed without verification and approval of changes made.

Chapter III
Non-residential structures

Article 27 – Applicable provisions

Construction of non-residential structures shall be subject to the provisions of the law governing urban planning and building in Rwanda.

Article 28 – Construction of public buildings in rural areas

Any building constructed in a rural area by a Government institution, including local governments with legal personality, shall comply with the land use and management practices.

Chapter IV
Ownership of units of a condominium

Section One: Applicable principles

Article 29 – Ownership of the land base of a building

Ownership of the land base of a building shall be established by land titles in accordance with the laws governing the use and management of land in Rwanda.

Article 30 – Ownership of a building or units of a building

Ownership of land shall include the ownership of buildings erected thereon.Ownership of a building shall be established by a title deed covering the land base of such a building unless otherwise provided by a contract.However, the units of a condominium may be owned in accordance with the law creating and organizing condominiums and setting up procedures for their registration.

Section 2: Ownership of units of a condominium

Article 31 – Registration of the land base of a condominium

The land base of a building or units of a condominium shall be registered in the name of the owner of the land or in the name of the community of owners of units of the condominium.

Article 32 – Sale or rehabilitation of a destroyed building

If a condominium is destroyed, in whole or in part, it shall be sold or rehabilitated in accordance with the relevant laws.

Article 33 – Allocation of compensation

Subject to other relevant laws, where reconstruction occurs, the compensation shall be equivalent to the loss in value of the destroyed building, paid either through the insurance policy covering the building or through damages paid by the person responsible for the destruction, and the proceeds of the compensation shall, as a priority, be allocated to the reconstruction of the building.

Article 34 – End of co-ownership

Co-ownership shall end where the whole building comes to be owned by one person or is entirely destroyed.

Title III
Offences relating to habitation and applicable penalties

Article 35 – Buildings not complying with the law

Any person who erects a building without complying with the law shall be liable to the penalties provided in the law governing construction in Rwanda.

Article 36 – Establishing the existence of an offence

A report prepared by Rwanda Housing Authority staff members upon whom the Minister in charge of justice has - conferred the powers of judicial police officers shall establish an offence in relation to urban planning and building.

Title IV
Final provisions

Article 37 – Drafting, consideration and adoption of this Law

This Law was drafted in French, considered and adopted in Kinyarwanda.

Article 38 – Repealing provision

All prior legal provisions contrary to this Law are hereby repealed.

Article 39 – Commencement

This Law shall come into force on the date of its publication in the Official Gazette of the Republic of Rwanda.
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