Blog

When it comes to land ownership in Zanzibar, it’s crucial to understand the unique legal framework in place. According to the land laws of Zanzibar, all natural land—whether occupied or unoccupied—is owned collectively by the people and vested in the President as the custodian of this resource for the public benefit.

This means Zanzibaris do not own the land itself but are granted the right to use or hold an interest in land through a system called the Right of Occupancy. However, these rights are reserved exclusively for Zanzibaris aged 18 and above. Foreign individuals, including Tanzanians from the mainland, are not eligible to be directly granted a Right of Occupancy.

Buying and Selling Land with Right of Occupancy

In Zanzibar, there are no legal restrictions on transferring or selling an interest in land, provided the transfer is conducted between the rightful holders of ownership. A Zanzibari who holds an interest in land is free to sell, lease, gift (limited to close relatives), or bequeath this interest—even to foreigners.

Can Land Without a Right of Occupancy Be Sold or Transferred?

Not all land in Zanzibar is surveyed or accompanied by a formal Right of Occupancy. In these cases, ownership is established through traditional means such as inheritance or private purchase. These types of land may legally be sold or transferred, even without the Right of Occupancy documentation.

Can Foreigners Purchase Land or Property in Zanzibar?

Yes, foreigners can acquire land or property in Zanzibar, though it’s slightly nuanced. A foreigner can buy land from someone who holds a Right of Occupancy or from an individual who legally owns or occupies land without such a certificate. Furthermore, foreign businesses can purchase landed property, such as homes or apartments, as the Zanzibar Land Act defines land to include permanent structures like buildings.

The landmark Condominium Act No. 10 of 2010 introduced further flexibility, allowing foreigners to purchase a unit in a condominium and be granted a renewable lease for up to 99 years. This lease is transferable, inheritable, and can be renewed in 33-year increments.

Steps for Purchasing Land in Zanzibar

When purchasing land, it’s essential to follow proper procedures:
1. Locate the desired property and negotiate the purchase price.
2. Engage a qualified lawyer to oversee the process, which includes:

• Conducting an official land ownership search.
• Drafting, signing, attesting, and registering the sale agreement.
• Preparing a site plan and placing boundary beacons.
• Requesting approval for land transfer from the appropriate authorities.
• Applying for a Government Lease and securing a building permit for any development.

Note: If a foreign-owned business buys land, the business must be registered and authorized by Zanzibar’s governing bodies, such as the Zanzibar Investment Promotion Authority (ZIPA). For example, a tourism business must be approved by the relevant tourism commission before the land commissioner can issue a government lease.

Rights and Obligations of Land and Property Buyers

Once a foreigner purchases property, they acquire specific rights and responsibilities:

• Ensure surveyed boundaries are marked for unsurveyed land.
• Obtain a building permit before any development on the land.
• Secure government approval for the lease, which may grant the buyer:
  • The right to use and occupy the land for 33 years (renewable).
  • Permission to develop the land, contingent on obtaining relevant permits.
  • The ability to lease or sell land to locals or foreigners, provided compliance with official regulations.

Purchasing Condominium Property in Zanzibar

The Condominium Act No. 10 of 2010 allows both Zanzibaris and non-Zanzibaris to purchase units in approved condominiums. Buyers are issued a 99-year renewable lease and enjoy full ownership rights, including the ability to rent, resell, or inherit the property.

Before purchasing a condominium unit, here are key steps to consider:

• Buy only from developer projects approved by the Condominium Board.
• Verify the seller’s ownership via an official search.
• Register the sale agreement for it to be legally enforceable.
• Apply for the title deed or lease transfer upon successful purchase.
• Adhere to maintenance and shared-space agreements set by the condominium association.

Can Foreign Property Buyers Obtain Residence Permits in Zanzibar?

Non-Tanzanian citizens cannot reside in Zanzibar without a valid residence permit. These permits are typically tied to employment or business ownership. However, ZIPA has introduced initiatives to assist foreign investors who purchase property in ZIPA-approved projects. Eligible buyers can qualify for a residence permit, which allows them—and their dependents (spouse and up to two children under 18)—to stay in Zanzibar for up to two years.

Requirements for a residence permit through property purchase include:

• A minimum property investment of $100,000 in a ZIPA-approved project.
• A registered sales agreement and confirmation of the purchase from the developer.
• Submission of necessary documents for residence application approval.

How We Can Help

At Eden Law Chambers, we offer end-to-end assistance for property and land purchases in Zanzibar. From conducting ownership searches to securing government leases, we ensure a seamless process for buyers. Reach out to us for a personalized consultation and fee estimate by filling out the form.

Make informed decisions, and let us guide you every step of the way toward securing your investment in Zanzibar!