Legal Area

Table of Contents

  1. Preface
  2. Chapter III – Procedures for investigation, initiation, organization and issuance of authorization to carry out urban planning operations
Rwanda

Urban Planning Subsidiary Regulations 2015

  • Commenced on 4 June 2015
  • [This is the version of this document at 1 January 2019.]
Pursuant to the Constitution of the Republic of Rwanda of 04 June 2003 as amended to date, especially in Articles 120, 121 and 201;Pursuant to Law n°10/2012 of 02/05/2012 governing urban planning and building in Rwanda, especially in Articles 12 and 64;After consideration and approval by Cabinet, in its session of 13/02/2015;

Chapter ONE
General provisions

Article One – Purpose of this Order

This Order determines the contents of urban planning documents, and procedures for investigation, initiation, organization and issuance of authorization to carry out urban planning operations.

Chapter II
Content of urban planning documents

Article 2 – Purpose of an urban planning document

An urban planning document must provide a development framework in line with principles for the sustainable management of urban land, and determine the principles and requirements for development in a particular area. It must:
formulate the spatial composition of the built environment;
address tentative locations of major investment decisions, and infrastructure service delivery, land use zoning categories, housing strategies, local economic development strategies, urban renewal strategies and environment protective measures and enhancement strategies;
organise roads, transport infrastructure, utility facilities and networks to plan for the provision of adequate services to meet present and future needs;
be aligned to population growth projections;
determine approximate gross densities for settlement areas;
strategize the creation of economic opportunities and a flexible built environment characterized by a mix of uses addressing the needs and capacities of residents;
strategize the upgrading and prevention of informal settlements, the protection of the environment and of natural resources, social diversity and diversity of the built environment;
integrate all planning and development sectors and subjects with each other.

Article 3 – Content of urban planning documents

Urban planning documents must comprise two (2) parts as follows:
background study;
planning component;
The background study shall include the following:
analysis of the existing demographic, social, cultural, economic, environmental and physical conditions;
analysis of the existing regulations;
analysis of existing relevant plans;
analysis of previous plans;
analysis of constraints and gaps, and recommendations from the analysis;
citizens needs assessment through a respective survey;
documentation with results and recommendations from consultative meetings with community, local authorities, the private sector and other local organizations;
detailed qualitative, quantitative and geographical database, and base map showing the spatial delineation of the planning area, existing land use and physical and infrastructure features.
The existing conditions analysis must address the details of the following:
administrative structure and local politics;
demography and settlement patterns;
land use;
natural resources;
planning subjects;
environment and Sanitation;
social welfare;
traffic and transport;
planning conclusions and development strategies.
The planning component must include the following:
vision, concept, and program for the study area;
a set of physical plans with land use zoning and development proposals, deriving from the results of the background study results, and elaborating a development framework with planning objectives, and guiding principles and strategies;
strategic interventions and implementation plan;
analysis of the social, environmental and economic impacts assessment and feasibility analysis.
The development proposals of a master plan for urban planning and land Management, and a local land development plan must address the following:
housing;
economic development and employment;
public institutions and social services and facilities;
transportation and road network;
sanitation and utilities
urban renewal; if applicable;
environmental protective measures and enhancement.
The development proposals of a specific land development plan must address all applicable subjects of the specific subject mentioned in Paragraph 5 of this Article.The District or the City of Kigali, as applicable, may specify complementary content to urban planning documents.

Article 4 – Other content of a local land development plan

Without prejudice to the provisions of Article 3 of this Order, a local land development plan shall set zoning regulations for the following:
building layout requirements;
circulation plan and roads designs;
building setbacks,
development parameters including floor area ratio, plot coverage, and plot areas,
parking space,
landscaping designs,
public utilities and infrastructure, including drainage, sewage and water treatment, water and electricity distribution, schools, health and communal facilities.
A local land development plan must also:
identify priority projects within the planning area;
elaborate the implementation details of agreed planning scenarios based on feasibility and impact assessments.

Article 5 – Complementary urban planning documents

A District or the City of Kigali, or a Government agency in charge of a specific subject matter including transportation, water reticulation, sanitation, housing, environment, education, tourism, forestry, electricity, energy, may decide to develop complementary urban planning documents to present more detailed as deemed required to complete the existing urban planning documents, as an urban design plan, including an illustration of three-dimensional massing.

Article 6 – Hierarchical alignment of urban planning documents

The master plan for land management and urban planning must be aligned to the national land use master plan.A sectorial master plan for land management and urban planning must be aligned to the national land use master plan and any valid master plan for land management and urban planning.A local land development plan must be aligned to the master plan for land management and urban planning.A specific land development plan must be aligned to a master plan for land management and urban planning and to a local land development plan.A land subdivision plan must be aligned to a master plan for land management and urban planning, a local land development plan, and a specific land development plan if applicable.

Article 7 – Scale of urban planning documents

The scale of a master plan for land management and urban planning must be no less detailed than:
a.1:50,000 an urban areas within Districts;
b.1:100,000 for the case of City of Kigali;
c.1:100,000 for sectorial or regional master plan for land management and urban planning.
The scale of a local land development plan shall be 1:5,000 or 1:10,000.The scale of a specific land development plan shall depend on the specific area and subject of planning, but shall be no less detailed than 1:10,000.The smallest scale of a land subdivision plan shall be 1:2,000.

Chapter III
Procedures for investigation, initiation, organization and issuance of authorization to carry out urban planning operations

Section One: Procedures for investigation, initiation, organization and issuance of authorization to carry out land subdivision, urban re-plotting and plot restructuring

Article 8 – Entities authorized to investigate to carry out an urban planning operation

An urban planning operation may be investigated and proposed by a public or private entity, or cooperative, which possesses the land ownership rights to all concerned plots of land and to the buildings thereon, or the authorization from all concerned individual rightful land owners and owners of the buildings thereon.

Article 9 – Procedures for investigation of land subdivision, urban re-plotting and plot restructuring

Land subdivision, urban re-plotting and plot restructuring require the formulation of a land subdivision plan by the District, a private developer or a cooperative.The procedure for investigation of land subdivision, urban re-plotting or plot restructuring is the following:
elaboration of a technical analysis including original land subdivision and land use at plot level, and existing buildings with building footprints, and information about original land holders;
elaboration of a vision, concept and program for the planning area in conformity with existing urban planning documents and planning regulations;
formulation of plans showing the intended land subdivision into plots, including public and private space and infrastructure servicing, public and private physical development at plot level, and including proposed ownership of the newly proposed plots;
signing of consent of all original land holders with the proposed Land Subdivision Plan and land ownership proposals, and with the proportional land contribution necessary for interior neighborhood servicing, and facilities for public utilities;
approval by the responsible authority.The first four steps mentioned in Paragraph three of this Article require consultation and planning meetings, under mandatory participation of the individual land owners for each plot or their authorized representatives, and under voluntary participation of neighboring community members.

Article 10 – Procedures for initiation of land subdivision, urban re-plotting and plot restructuring

To initiate land subdivision, urban re-plotting and plot restructuring, the procedure shall be as follows:
The applicant requesting permit to subdivide land, re-plot or restructure plots must submit an application letter for obtaining permit for such urban planning operation to the concerned Council of the District.The application must contain the following:
a.the approved or proposed Land subdivision plan for the area of concern;
b.the proof of ownership rights to all concerned plots of land, or an authorization from all concerned individual rightful land owners;
c.if applicable, a compensation and resettlement plan for original land holders within the same site or a different site, respecting the valid guidelines for resettlement plans;
d.if applicable, a condominium ownership concept or shareholder plan;
e.the acknowledgement of all concerned individual rightful land holders of having been consulted and of agreeing to the offered concept of compensation, condominium ownership or shareholder plan;
f.payment slip for application fees, according to a document issued by the District Council which determined service fees;
In case the District or the City of Kigali itself intends to subdivide land, re-plot and restructure plots, its Executive Committee shall submit the documents mentioned in this Article to the Council.

Article 11 – Organization of land subdivision, urban re-plotting and plot restructuring

The concerned District shall designate a competent technical team responsible for the technical assessment of the land subdivision plan, and the application to carry out land subdivision, urban re-plotting and plot restructuring.The technical assessment of the application for subdivision of land, re-plotting or plot restructuring file starts once the completeness of the application file has been approved by the District.

Article 12 – Approval of land subdivision plan and authorization to carry out land subdivision, urban re-plotting and plot restructuring

After a complete application for subdivision of land, re-plotting or plot restructuring file has been assessed by the designated technical team, the District Council must authorize or reject the land subdivision, urban re-plotting and plot restructuring operation in a Council meeting within ninety (90) days starting from approval of completeness of the application file.In case there was no approved land subdivision plan for the concerned area at the time of the initiation of the land subdivision, re-plotting or plot restructuring operation, the proposed land subdivision plan submitted as part of the application requires approval by the District Council before authorizing land subdivision, urban re-plotting or plot restructuring, which, however can be on the agenda of the same Council meeting.The designated technical team of the District shall notify the Council when all requirements for implementation of the land subdivision plan have been fulfilled.

Article 13 – Procedure of implementation of land subdivision, plot restructuring or re-plotting operation

The procedure of implementation of land subdivision, plot restructuring or re-plotting operation comprises the following steps:
after authorization to carry out land subdivision, plot restructuring or replotting operation, the applicant must compensate the original land owner(s) according to prior agreement and submit a written acknowledgment of the compensation by the original land owner(s) to the District;
the District shall proceed with the registration of the modified plot delineations and plot transfers, following the legal procedures in collaboration with the Government agency responsible for land;
the involved land transactions must be rightfully executed and recorded, and new title deeds issued and presented to the District based on the approved Land Subdivision Plan;
the District shall issue certification of the complete land subdivision, urban replotting and plot restructuring operation.

Section 2: Procedures for investigation, initiation, organization and issuance of authorization to carry out building renewal and refurbishment

Article 14 – Procedures for investigation of building renewal and refurbishment

Building renewal and refurbishment require granted permit, in accordance with the relevant instructions.In case the District or the City of Kigali itself intends to renew or refurbish one or several buildings, its Executive Committee shall submit the application for the permit in accordance with the relevant instructions, and submit the file to the Council of the District.

Article 15 – Procedures for initiation, organization and issuance of authorization to building renewal and refurbishment

The procedures for initiation, organization of technical assessment of the permit demand file for building renewal and refurbishment, and issuance of authorization to carry out such urban planning operation shall follow the relevant instructions.

Chapter IV
Final provisions

Article 16 – Repealing Provision

All prior provisions contrary to this Order are hereby repealed.

Article 17 – Commencement

This Order shall come into force on the date of its publication in the Official Gazette of the Republic of Rwanda.
PP LCC tags
    • Urban and territorial planning
      • 10.3.2 Planning for future land needs in safe locations
    • Urban and territorial planning
      • 10.3.2 Planning for future land needs in safe locations
    • Urban and territorial planning
      • 10.3.2 Planning for future land needs in safe locations
    • Urban planning and design for mitigation
      • 12.2.4 Promoting accessibility through mixed land use
    • Urban planning and design for adaptation
      • 11.4 Adaptation of slums and other vulnerable settlements
    • Governance framework for urban planning and climate planning
      • 9.2.4 Consideration of specific community needs
    • Governance framework for urban planning and climate planning
      • 9.2.4 Consideration of specific community needs
    • Urban and territorial planning
      • 10.3.6 Implementation of national territorial plan using urban plans
    • Urban and territorial planning
      • 10.3.6 Implementation of national territorial plan using urban plans