Unit Title's Administration

UNIT TITLES PROPERTIES ADMINISTRATION HANDBOOK
For
The Ministry of Lands Housing and Human Settlement (MLHHSD)
In Collaboration with
National Housing Corporation (NHC)
DAR ES SALAAM
2012
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Table of Contents
LIST OF ABBREVIATIONS............................................................................................................................................................................ 5
PART ONE: INTRODUCTION; THE UNIT TITLES ACT........................................................................................................................6
1.0 Introduction (section 5) 6
1.1 Handbook Overview 6
1.2 Essentials in a Unit Property 6
1.3 Development of Unit Property (Ss. 3, 4 and7) of UTA 7
1.3.1 Unit Plan....................................................................................................................................................................................... 7
1.3.2 Unit................................................................................................................................................................................................. 7
1.3.3 Unit Property................................................................................................................................................................................8
1.3 4 Unit Title Property......................................................................................................................................................................8
1.3 5 Unit Title Documents................................................................................................................................................................8
1.3 6 Common Properties...................................................................................................................................................................8
1.3.7 Unit Owners Association..........................................................................................................................................................8
PART TWO: DEVELOPMENT OF UNIT TITLE PROPERTY (Ss 4, 7, 8, 14 and 15) OF UTA....................................................9
2.0 Developer 9
2.1 Steps in developing a unit title property 9
2.1.1 Checklist of tasks....................................................................................................................................................................... 9
2.1.2 Application for Certificates..............................................................................................................................................................11
2.2 Application for Subdivision/Amalgamation (S 12(1)) 11
2.2.1 Checklist of Documents.........................................................................................................................................................11
2.3 Application for Change of Use of a Unit (S 13(1)) of UTA 11
2.4 Application for Disposition (Ss. 28, 29, 30) of UTA 11
2.5 Disposition Documents 12
2.5 Unit Property Development Stages 14
PART THREE: REGISTRATION OF UNIT TITLES (Ss 8, 14 and15)..............................................................................................15
3.0 Registrar of Titles 15
3.1 Register of Units 15
3.2 Mandate of the Registrar of Titles 15
3.3 Registration by the Registrar of Titles 15
A. Registration of Units 15
B. Applications for Registration of Unit Plans from Applicants (Reg 4) 16
B.1 Checklist of Documents requirements for registration of a Unit plan.......................................................................16
B.2 Checklist of Tasks.......................................................................................................................................................................16
C. Application for Registration of a Unit (Reg 5) 17
C.1 Checklist of Documents............................................................................................................................................................17
C.2 Checklist of Tasks.......................................................................................................................................................................17
D. Application for Registration of Unit Owners’ Association (S 35(1), Reg 13 and UTF 11) 18
D.1 Checklist of Documents............................................................................................................................................................18
D.2 Checklist of Tasks....................................................................................................................................................................... 18
E. Application for Change of Use (S. 13 and Reg.8 (1)) 18
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E.1 Checklist of Documents.............................................................................................................................................................19
E.2 Checklist of Tasks....................................................................................................................................................................... 19
F. Application for Subdivision / Amalgamation (S. 12, Reg. 7) 19
F.1 Checklist of Documents.............................................................................................................................................................20
F.2 Checklist of Tasks........................................................................................................................................................................20
G. Registration of Transfers of Common Property 20
G.1 Checklist of Documents............................................................................................................................................................20
G.2 Checklist of Tasks....................................................................................................................................................................... 20
3.4 Termination of Unit Status (Ss.75, 76, Reg.17) 21
3.4.2 Checklist of Tasks....................................................................................................................................................................21
PART FOUR: INTERMEDIARIES...............................................................................................................................................................22
4.0 Intermediary Roles 22
4.1 Financier 22
4.2 Land Surveyors 22
4.3 Lawyers / Conveyancers 22
4.4 Estate Managers 23
4.5 Architects 23
4.6 Disposition (S.28 (1)) 23
4.6.1 Sale by Developer.....................................................................................................................................................................23
4.6.2 Sale by a co-owner...................................................................................................................................................................24
4.6.3 Leasing of the Unit...................................................................................................................................................................24
4.6.4 Mortgage of a Unit....................................................................................................................................................................25
4.6.5 Composite Flow Chart............................................................................................................................................................26
PART FIVE: UNIT BUYER (OWNER)........................................................................................................................................................27
5.0 Buyer’s Rights and Obligations 27
A. Obligations and Liabilities...........................................................................................................................................................28
B. Liability of Co-owners...................................................................................................................................................................30
5.1 Buyer’s Checklist 30
5.2 Flow Chart on Unit Buyer’s Tasks 31
5.3 Sale of Unit by the Unit Owner 32
PART SIX: MANAGEMENT OF UNIT TITLE PROPERTY...................................................................................................................33
6.0 Overview 33
6.1 Owners’ Association 33
6.1.1 Functions of the Association................................................................................................................................................34
6.1.2 Representation of the members of the Association.......................................................................................................36
6.2 Constitution of the Association 36
6.3 Management Agreement 36
6.4 By-laws 37
ANNEXES.......................................................................................................................................................................................................... 42
ANNEX 1 TASKS FOR THE DEVELOPER 42
ANNEX 2: INTERMEDIARIES/FINANCIERS 42
ANNEX 3: TASKS FOR THE REGISTRAR 43
ANNEX 4: FEE STRUCTURE 43
ANNEX 5: PROCESS MODEL FORMS 45
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LIST OF ABBREVIATIONS
Ads Advertisements
AF Association Form
AGM Annual General Meeting
Cap Chapter
GN Government Notice
LGA Local Government Authority
No Number
Reg Regulation
RoT Registrar of Titles
S Section
Ss Sections
TV Television
UTA Unit Titles Act
UTR Unit Titles Regulations
UTF Unit Titles Form
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PART ONE: INTRODUCTION; THE UNIT TITLES ACT
1.0 Introduction (section 5)
1.1 Handbook Overview

This Handbook is a simplified tool for easy operationalization of the Unit Titles Act and the accompanying laws. The
Handbook has been divided into six substantive chapters that summarises the required processes, documents and
output. The first chapter provides for the essential terminologies in Unit Title Properties and their manner of
application. This part has been supplemented by corresponding glossary of the end of chapter six.
Chapter two looks at the required processes for the development of Unit Title property. This part is important for
developers and all those who would like to know about the needed stages for the development of unit properties and
the required documentation. The part also provides the possible scenarios regarding changes that can be made on a
unit property and the requirements of disposition.
Chapter three deals with powers of the Registrar of Titles in relation to Unit Title Properties. It outlines the required
checklist for each application, required actions and the deliverables in case the application is successful. Chapter four
is on the possible intermediaries in Unit Title Development and their roles. This part is useful as it provide useful
information on the possible practitioners that can provide needed services to help the developer or buyer in complying
with the requirements of the law.
Chapter five provides a checklist of processes before buying the unit property. It also outlines the conditions unique to
unit title properties that must be complied-with by unit buyers once the deal is sealed. The corresponding rights of
unit owners or unit buyers are also stated. In addition, it provides the necessary documentation that should be
handled to the buyer by the developer. So this chapter is a must read chapter for unit buyers.
The last chapter deals with issues of unit property management. Although this part is crucial for all players, but
developers and unit buyers need to read it carefully as it provides for the structures of management, mandates and
obligations before and after the transfer of title to unit buyers. The Handbook does also contain a list of annexes that
include checklist of processes, documents, fee structure and the prescribed forms.
1.2 Essentials in a Unit Property

A unit title property development starts when an owner decides to develop a property in terms of the Unit Titles Act No.
16 of 2008. Together with the UTA, Unit Titles Regulations were issued in 2009 (the “UTR”).
The purpose of the UTA is to provide for development and management of unit title properties. The UTA recognizes
categories of unit title properties namely, clustered, high rise structures or in rows and terraced properties. Under the
framework of the UTA an individual owning a unit is entitled to issuance of certificate of unit title for his unit. In
addition, the UTA also allows co-ownership of common areas of the property by several individuals.
Before a unit title property is developed, the prospective developer must secure an original certificate of title to the land
and relevant building permits from the planning authorities as it is provided in the relevant laws. The developer is any
person engaged in the business of developing a unit property and includes its successors and assignees that have
signed, delivered, and registered the unit plan and other unit documents. It also includes the person who is registered
as the owner of the unit plan in the unit titles register. Such developer may be a natural person, a corporation or an
organization that deals with development of properties for sale. The next part outlines the essential terms as they apply
in unit title properties in Tanzania.
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1.3 Development of Unit Property (Ss. 3, 4 and7) of UTA
1.3.1 Unit Plan

A developer may obtain unit plans from registered architect for the proposed unit title property. The unit plan has to
be approved by the planning authority and then submitted to the Registrar of Titles for registration. Upon submission
for registration the developer is required to submit four copies of the unit plan. Provided the submitted plan is for unit
title property, it must clearly indicate the number of units into which the building is divided. In this case unit plan
means the document indicating the proposed building to be developed, its divisions into units, site location together
with the exhibits attached to it and all amendments that may be adopted in the future, by which the unit property is
being submitted and registered for unit ownership under the UTA.
Where the developer is planning to develop the property in phases, he may submit a phased unit plan to the registrar
indicating that the property shall be developed in successive phases. A phased unit plan must indicate the time table
for the development of the various phases. In all cases the developer for a unit property development must procure
planning and building permit and consent from appropriate Local Government Authority as provided under the Urban
Planning Act 2007, Land Act 1999 and the Local Government (Urban Authorities) (Development Control) Regulations
2008, GN 242 of 2004.
1.3.2 Unit
For the purposes of unit title development, a unit means a portion of property which is owned by a specific owner or
co-owned for exclusive use by owners. What an individual owns under the unit titles scheme is a unit. The Unit is
identified by boundaries of the neighbouring units. The boundaries of a unit are described by reference to a floor, wall
or ceiling; or where a wall located within a unit is a load bearing wall, the only portion of that floor, wall or ceiling, as
the case may be, that forms part of the unit. In case of clustered unit properties their boundaries may be demarcated
on the ground by a land surveyor. The boundary in high rise unit properties include any lath and plaster, panelling,
gypsum concrete panels, flooring material or coverings or any other material that is attached, laid, glued or applied to
the floor, wall or ceiling. Doors and windows of a unit forms part of the unit unless provided otherwise in the plan.
Where a building contains premises that are rented to a tenant who is not a party to a sale agreement; and not
included in a Unit plan, the owner of those premises or a person acting on his behalf must not sell the premises until
the Unit plan which includes the premises is registered in accordance with the UTA. Thus a unit title means a portion
of property which is owned by a specific owner or owned collectively with other owners as a distinctive property
evidenced by certificate of unit title.
In unit title schemes, unit property or property development means the land that has been described in the unit plan
together with all structures, improvements, easements, rights, and appurtenances located on or forming part of such
property.
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1.3.3 Unit Property
Unit property under the UTA refers to units of real property which are owned by co-owners for their exclusive use with
certain portions of the same property held in co-ownership for common use. The unit property include a single
buildings or several buildings comprising of sections of unified site together with the land on which they are located
and all real rights existing in their favour.
1.3 4 Unit Title Property

As unit title properties may be of different types, unit property types means the type of unit property which includes
high rise structures or in rows or terraces, or in buildings in a cluster form and the like structures and the user
thereof as described in the Urban Act 2007 use classes.
1.3 5 Unit Title Documents

The process of unit title development includes various documents. So unit documents refers to the unit plan including
all exhibits, the Constitution of the Unit Owners’ Association, the By-laws of the Association and the rules adopted by
the Management Committee of the Association, (the “Association”) and any other document that affects the rights and
obligations of a co-owner in the unit property.
1.3 6 Common Properties

In unit title property sharing of structures and facilities is unavoidable. The use of the word common property means
whole or a portion of a property that is owned by all owners for their common use. Common property involves common
areas which are used for general use. An area will be for general use if it is shared by all unit owners. Where the
common area is just used by one or few co-owners it is referred as common area for restricted use. The shared
common areas can be calculated to know what portion or fraction each owner owns in the total common area although
it will not be marked by distinctive boundary lines or marks like beacons.
Areas constituting the common property include areas such as:-
1) the land, yards, verandas or balconies, parks and gardens, access ways, stairways and elevators, passageways
and halls, common service areas, parking and storage areas, basements, foundations and main walls of
properties;
2) common equipment and apparatus, such as central heating and air-conditioning systems and the piping and
wiring; and
3) partitions or walls that are not section of the foundations and main walls of a building but which separate a
unit from a common area or from another unit.
The common areas may be divided into fractions called fractional shares belonging to one or several co-owners each
owning undivided right of ownership in the area equal to the relative size of his fractional share. A fractional share can
be obtained by taking the physical area of the co-owner’s unit divided by the total physical area of all units of the
property and the sum of all fractional shares shall equal one after rounding for minor discrepancies. Unit factor means
a proportional share of a common area which depends on the number of units owned by the individual in the unit
property. In any case, the more the number of units and hence the physical area the owner has, the more the
proportional share he has in the common area.
1.3.7 Unit Owners Association

One of the key qualities of a model unit title property is formation of the unit owners association to manage the unit
title property. When the association is registered it becomes a body corporate with perpetual succession, common seal,
and may sue or be sued in its own name.
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PART TWO: DEVELOPMENT OF UNIT TITLE PROPERTY (Ss 4, 7, 8, 14 and 15) OF UTA
2.0 Developer
Development of unit title property is undertaken by a recognized person called a developer. The developer must obtain
valid original certificate of title to the land; he must consult experts such as estates agents, land surveyors, valuers,
lawyers and planners and secure architectural works and necessary building permit/consents from planning
authorities and is required to pay for the building permit secured.
According to the UTA, the developer must ensure compliance with the legal procedures. Once the required consents
have been obtained the developer may make an application to the Registrar of Titles by submitting the Units Plan for
registration and approval. The application has to be accompanied by statutory subscribed fees. Where necessary the
developer may consult other intermediaries such as financiers to secure loans.
Where the unit plan includes residential units, in addition to the above requirements, the plan must indicate a
demarcation of the boundaries of the areas that are to be leased under section 9(3) of UTA. As to how one can define
the boundary of a unit section 16(1) and (2) of UTA defines as follows:
A boundary of a unit is described by reference to a floor, wall or ceiling or where a wall located within a unit is a load
bearing wall, the only portion of that floor, wall or ceiling, as the case may be, that forms part of the unit, including
any lath and plaster, panelling, gypsum concrete panels, flooring material or coverings or any other material or
coverings or any other material that is attached, laid, glued or applied to the floor, wall or ceiling, as the case may be.
In addition to the above, every application for registration of a Unit plan must be accompanied by the following
certificates: - (a) a certificate of a registered Land Surveyor to the effect that the structure shown on the plan is within
the external surface boundaries of the common property which is the subject of the plan, and if there are projections
beyond the external boundaries, that an appropriate easement has been granted as an appurtenance of the common
property; and
(b) a certificate of a local government authority to the effect that the proposed division of the structure as shown on
the plan has been approved by the local authority in accordance with any enactment regulating land use and building
construction. A unit plan for a building or structure that is to be brought under the operations of the UTA must also
be accompanied by a certificate from a registered architect indicating that the plan correlate with the existing structure
before it is registered. The certificates outlined above must follow the prescribed format under schedule 10 to the UTR.
2.1 Steps in developing a unit title property
2.1.1 Checklist of tasks

The developer must do the following tasks:
1. He must acquire title to the land as stipulated under the Land Act, In obtaining the land the developer may
need to engage other intermediaries such as lawyers estates agents, land surveyors, and valuers;
2. He must obtain architectural drawings. In order to obtain such drawings he must engage a registered architect
and other necessary intermediaries;
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3. He must obtain approval of a Registered Land Surveyor. The approval must be endorsed in UTF No. 10A of the
UTR;
4. He may need to consult financiers or credit institutions. In doing so he may need to engage real estate
appraisers to provide the value of the property to be developed and its viability,
a. If the project is viable and the financier is willing to provided credit he must obtain mortgage contract.
The contract can be prepared between an agent (lawyer) of the developer and the legal unit of the
financier.
b. Other necessary intermediaries at this stage may be engaged as the need may arise.
5. He must obtain approval from the Local Government Authority;
a. The approval must be endorsed in UTF No 10B of the UTR.
b. He must also make sure that he obtains the necessary building permits and approvals from the Local
Government Authority.
c. He must comply with payment of the required statutory fees.
d. At this stage there might also be a need to engage assistance of other intermediaries like lawyers and
estate agents etc.
6. He must obtain approval of Registered Architect endorsed on UTF No. 10C of the UTR;
7. He may then commence public advertisement of the intended project through different media,;
8. He must submit an application for registration of a unit plan. The application is made on UTF No. 3 of the UTR
and must be accompanied by 4 copies of complete set of unit title plan. The unit title plan must contain:
(i) Site plan, adequately identifying the land earmarked for development,
(ii) Indication of number of units to be built so as to form a unit property,
(iii) Schedule indicating unit factors,
(iv Statement of particulars to identify title to common property,
(v) Duly filled certificates from Registered Land Surveyor, Local Government Authority, Registered Architect,
(vi Building permit,
(vii) receipts acknowledging payment of required fees,
(viii) The application must be made in four (4) copies,
(ix) Applicant’s photograph.
9. He must submit an acceptable title deed (as advised by the Registrar of Titles) to prove ownership to the land;
10. He must indicate in his application if the development of the property is turnkey or phased. Where the
development is phased, he must indicate timetable for the development of the various phases;
11. Before the completion of the engineering works, the developer must obtain a Certificate of Occupancy as per
the Local Government (Urban Authorities) (Development Control) Regulations GN 242/2008.
12. The developer will also need to make application for registration of Unit Title Association under UTF No. 11 of
the UTR. The application for registration of Unit Titles Association must be accompanied by:
(a) Association Constitution, (15th schedule) of the UTR,
(b) Association By-Laws (14th schedule) of the UTR,
(c) Management Agreement (11th schedule) of the UTR,
(d) Payment of required fees (20th schedule) of the UTR.
13. After the above have been lodged with the Registrar of Titles and duly registered, the developer may engage
engineers and contractors to start construction of the property and pre-completion sale of units; and
14. In relation to the sale of units, the developer may facilitate application for registration of units to be made on
UTF No. 4 of the UTR.
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2.1.2 Application for Certificates
Application for the Certificates from the LGA, Registered Land Surveyor and the Registered Architect will require formal
letter of application as may be prescribed by the Registrar of Titles, accompanied by the following documents:-
(a) Valid Title Deed,
(b) Site Map,
(c) Building Permit, and
(d) Proposed Unit Plan indicating among other things the total area to be covered by the Unit
Plan, area for each unit and the common areas such as recreational grounds, assembly points, parking, and gardens
as required by the UTA.
2.2 Application for Subdivision/Amalgamation (S 12(1))

The UTA also make provisions that allow for the subdivision or amalgamation of units.. An application to the Registrar
of Titles by a developer for subdivision or amalgamation must be accompanied by the following documents:
2.2.1 Checklist of Documents

In making an application for subdivision or amalgamation of units, the following documents will be needed:
(a) Application Form (UTF No. 6, 6th Schedule) of the UTR;
(b) Certificate of Consent from LGA for subdivision or amalgamation (UTF No. 7, 7 th Schedule) of the UTR;
(c) Unit Plan in respect of the unit intended to be subdivided,
(d) Receipts of associated statutory fees as annexed under this handbook or as may be revised.
2.3 Application for Change of Use of a Unit (S 13(1)) of UTA

A unit owner or developer may change the use of his unit. An application by a developer for change of use of a unit
must be accompanied by the following documents and should be submitted to the Registrar of Titles:

An application for change of use requires the following documents:
(a) Application Form (UTF No. 8, 8th Schedule) of the UTR,
(b) Certificate of Consent of Change of Use from the Association (UTF 9A, 9 th Schedule) of UTR,
(c) Certificate of Consent of Change of Use from LGA (UTF 9B, 9 th Schedule) of the UTR where it affects proposed
Scheme,
(d) Modified Unit Plan,
(e) Associated statutory fees as annexed under this handbook.
2.4 Application for Disposition (Ss. 28, 29, 30) of UTA

Subject to the provisions in respect of dispositions affecting land under the Land Act, 1999, a developer can dispose a
unit property through different ways such as sale, mortgage, lease, transfer, grant, partition, exchange, assign,
surrender or disclaimer, creation of an easement, a usufructuary right, or any other servitude or interest in a right of
occupancy and in each case, the fractional share appurtenant to the unit as well as the right to use the appurtenant
restricted common areas where applicable.
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Before the developer sells a unit he must deliver to the purchaser copies of the following documents:
(a) Sale agreement in respect of the unit;
(b) Existing or proposed by laws of the Association;
(c) Existing or proposed recreational agreement;
(d) Existing or proposed management in respect of the unit;
(e) Lease of the common property where the unit is located (if any);
(f) A certificate of title for the unit or proposed unit;
(g) Any mortgage / charge that affects the unit;
(h) A copy of the Unit plan; and
(i) Written notice (in case the property under which the unit has been constructed has been mortgaged)
indicating:
i. The maximum principal amount under the mortgage;
ii. The maximum monthly payment, (if any);
iii. The duration of payment;
iv. The grace period, (if any);
v. Pre-payment terms (if any); and
vi. The interest rate or the formula for determining interest rate.
2.5 Disposition Documents

In compliance with section 28(1) of the UTA, registration of disposition of units requires the submission of the
following documents to Commissioner for Land /the Registrar of Titles:
(a) Land Form No. 35 (Deed of Transfer), (in triplicate);
(b) Original Certificate of Title in respect of the property where the Unit is constructed (i.e. the mother title (this is
because registration of disposition of Unit also be registered against the mother title);
(c) Buyer’s passport size photographs (approximately 3) where the buyer is an individual;
(d) If the purchaser is a company, a copy of the Articles and Memorandum of Association of Association of the
Company, the Certificate of Incorporation of the Company and board resolution of the company authorizing
the purchase of the respective Unit;
(e) Deed of Application and Notification of a disposition (Land Form Nos. 29 and 30) (in triplicate);
(f) Sale Agreement (in triplicate);
(g) Proof of citizenship i.e., certified copies of passport;
(h) Original Valuation report and valuation approval receipt;
(i) Capital Gains Tax Clearance Certificate from the Vendor (subject to further confirmation from tax authorities,
Capital Gains Tax is usually advance tax of 10% of the purchase price or market value, whichever is higher);
(j) Current land rent receipts;
(k) Stamp duty and registration fees;
(l) A certified copy of the floor plan in respective of the Unit
(m) Certificate of approval from Commissioner for Land; and
(n) Right of use of fractional share of a common area as per Section 28(2) of UTA.
Note that in practice registration of transfer process can be undertaken under either of the following options:
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1. By first making an application to the Registrar of Title Deeds for the preparation of Certificates of Units in
respect of a particular block of apartments in the name of NHC (STAGE ONE). Thereafter, once title deeds have
been prepared, lodge with the Commissioner for Lands (the “Commissioner”) transfer documents (together with
Unit Title registered in favour of NHC) in respect of a particular Unit for Commissioner’s approval/consent for
registration of transfer in favour of the purchaser (STAGE TWO). The final stage of this process entails the
purchaser’s name getting endorsed against the title deed and the registration of transfer registered against the
Registrar of Titles Register (STAGE THREE); or
2. By commencing the registration of transfer process (the STAGE TWO process mentioned above) without the
Certificate of Unit and once consent to transfer is granted by the Commissioner for Lands, make an application
to the Registrar of Titles to have a the registration registered and a Certificate of Unit issued in the name of the
buyer (i.e. STAGE ONE and STAGE THREE running simultaneously).
You will note from above that option 2 is easier and less time consuming.
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2.5 Unit Property Development Stages
A.
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PART THREE: REGISTRATION OF UNIT TITLES (Ss 8, 14 and15)
3.0 Registrar of Titles

Registration process for unit title properties is carried out in the Office of the Registrar of Titles. Under the UTA, the
office of the registrar is mandated to register unit titles and unit plans. The Registrar of Titles is therefore required to
keep and maintain a register of units and record all particulars of units therein. He must ensure that the register is
kept and maintained.
3.1 Register of Units

The register of units and other matters pertaining to registration must be as set out in UTF No. 1 appended in the 1 st
Schedule to the UTR. A unit title registered under the UTA and the UTR must be assigned a number by the Registrar
and the unit may be indentified in the register by such numbers as indicated in UTF No. 2 in the 2 nd Schedule to the
UTR. Use of other forms apart from those provided in the schedule to the Regulations is prohibited. However, the
Registrar may alter or modify any of the prescribed forms as circumstances may provide. Where no form has been
specified for any matter in the UTR the relevant form in the Land Registration Act, (CAP 334 R.E. 2002) (“LRA”) and
Land Regulations shall be used. The paper for the registration of entries or filing in the register must be of durable
quality. The Registrar of Titles may impose fees set out in the 20th schedule to the UTR.
3.2 Mandate of the Registrar of Titles

The Registrar of Titles in relation to the unit titles and the Association has the following powers:-
(a) to register and de-register unit plans and units;
(b) issue unit titles and other associated documents; and
(c) register and deregister associations, change forms under the UTR and do any other thing under his powers in
relation to functions and powers stipulated in the UTR.
3.3 Registration by the Registrar of Titles

Generally, the procedures relating to registration techniques, procedures and practices are the same as those under
the LRA unless specifically stated otherwise. Hence a certificate of title issued in respect of a unit comprised in a unit
plan registered under the UTA will be deemed to have been issued under the LRA.
A. Registration of Units
Where an owner of a unit /developer applies to the Registrar for the registration of the unit, the application must be
made under UTF No. 4, of the 4th Schedule to the UTR. Any interest affecting the common properties entered on the
part of the closed register has to be indicated on the parts of the opened register and on the certificates of title to the
extent of the unit factor. Where any interest affecting a unit comprised in a registered unit plan has not been endorsed
on a separate part of the register will have to be endorsed on a separate part of the opened Register of the Unit and on
the certificate of title in respect of that Unit. Also the registrar upon opening a separate part of the register for a unit,
he must record in that part, the unit factor. The same must be recorded on the certificate of title issued in respect of
the form under UTF No. 5 of the 5 th schedule to the UTR. Successful application for registration of a unit entitles the
applicant to get a certificate of unit title for his unit property. The legal effect of the registration of a unit is to enable
the owner whose unit has been registered to sell, transfer, lease, charge or deal with his unit in similar manner as a
person holding title under the LRA.
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B. Applications for Registration of Unit Plans from Applicants (Reg 4)
The UTA allows developers to present their unit plans to the Registrar of Titles for registration. Such application for the
registration of a unit plan must be made to the Registrar on Form No. 3 (UTF No. 3) set out in the 3 rd schedule to the
UTR. A unit presented to the Registrar of Titles for purposes of registration as a unit plan, a unit plan of a subdivision
or amalgamation or any other type of plan to be registered must be (a) drawn in ink, material, size and be in nature, (b)
prepared in sheets bearing appropriate words and formats, (c) consist of any other information or signs as may be
directed by the Registrar of Titles or any other relevant authority. So what the developer presents to the registrar for
registration is the unit plan which must indicate the number of units into which the building is divided in four (4)
copies. Where the unit plan is for a property to be developed later, then the developer when depositing the unit plan;
may also indicate whether the unit plan shall be developed at once or in successive phases. In such a case he must
also indicate a time-table for the development of the various phases. In all cases the developer or proprietor for a unit
development must procure planning and building permit /consent from appropriate local government authority as
provided under the Urban Planning Act, 2007. The Developer must make ensure that the unit plan complies with the
requirements of the law provided under sections 14 and 15 of the UTA.
B.1 Checklist of Documents requirements for registration of a Unit plan

Where an application for registration of a Unit plan has been made, the Registrar of Titles must ensure that the Unit
plan complies with the following requirements:
a. The plan, in its heading, is described as a unit plan;
b. there is indicated in the plan, a delineation of the external surface boundaries of the common property
and the location of the building in relation to them;
c. the plan includes a drawing illustrating the units and distinguishing the units by numbers or other
symbols;
d. The boundaries of each unit are clearly defined in the plan;
e. The approximate floor area of each unit must be clearly shown in the plan;
f. The plan be accompanied by a schedule specifying in whole numbers the unit factor for each unit in
the common property;
g. The plan is accompanied by a statement containing such particulars as are necessary to identify the
title to common property;
h. The plan is accompanied by the certificate of a Registered Land Surveyor, a certificate of a Local
Authority and a certificate of an Architect; The plan is signed by the proprietor or developer;
i. The plan must contain the address at which documents are to be served on the relevant association;
and
j. The plan should contain any other particulars prescribed by or under the regulations.
B.2 Checklist of Tasks

After receiving an application for registration of a unit plan, the Registrar of Titles must do the following tasks:
1. Consider that such application is in compliant with the law; consider the accuracy of the submitted
documents i.e. the documents listed under B1 above, together with receipts of statutory prescribed registration
fees.
Where appropriate, the Registrar of Titles upon an application for the registration of a Unit plan close the part
of the Register relating to the common property described in the plan and open a separate part of each unit
described in the plan, and shall upon the payment of the prescribed statutory fees, issue a certificate of title in
respect of the unit.
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C. Application for Registration of a Unit (Reg 5)
Owners of Unit(s) are required to register their units with the Registrar of Titles. The application for registration of a
unit must be made on Form No. 4 in the 4 th Schedule to the UTR and the Registrar of Titles may impose any conditions
to be complied with by applicants. Where the Registrar of Titles is satisfied that an applicant has fulfilled all
requirements provided for under the UTA and UTR he shall, after the payment of prescribed statutory fees, register the
unit. After registration of a unit, the registrar has to issue a certificate of unit title to that effect, on Form No. 5 set out
in the 5th Schedule to the UTR. Where the Registrar of Titles refuses to register a unit plan or a unit, he shall, inform
the applicant in writing the refusal and reasons thereof. In case the applicant has made correction or fulfilled any
requirement as directed by the Registrar of Titles, the unit shall be registered as a unit under a register of units.
Generally, the procedures relating to registration techniques, procedures and practices are the same as those under
the LRA unless specifically stated otherwise. Hence a certificate of title issued in respect of a unit comprised in a Unit
plan registered under the UTA will be deemed to have been issued under the LRA.
C.1 Checklist of Documents

Where an application for registration of a unit has been made, the Registrar of Titles is supposed to receive the
following documents:
(a) Duly filled application form, UTF No. 4 of the UTR;
(b) Copy of a registered Unit Plan or reference to filed in the records of the unit title property;
(c) Development Commitment;
(d) Documents proving existence of an escrow account (pre-completion sales); and
(e) Receipts of statutory prescribed registration fees.
C.2 Checklist of Tasks

Upon application for registrations of units, the Registrar of Titles is supposed to do the following:
1. Consider the records of the filed Unit Plan to identify the unit;
2. Consider the accuracy of the filed unit documents upon which the unit is to be registered;
3. Identify the fractional share in the common property;
4. Cause submission of development commitment (“Bond”) by the developer (for pre-completion sales);
5. Proof of escrow account (for pre-completion sales);
6. Consider such other factors or demand additional information (as the Registrar may deem necessary);
7. Liaise with financiers in case of mortgaged units;
8. Make entry (encumbrance) on the unit (for mortgaged units);
9. Discharge redeemed units (where the developer mortgaged the units before sale);
10 Facilitate mortgage transfers (where the lender of the developer is different from the lender of the unit buyer)-
transfer of liabilities;
11 He must get receipts of registration fees;
12 He must mark the sold units in the plan. (UTF No. 1); and
13 Thereafter, he must issue Certificates of Unit Title.
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D. Application for Registration of Unit Owners’ Association (S 35(1), Reg 13 and UTF 11)
The Registrar of Titles has power to register an associations under the UTA as long as it has fulfilled all requirements
including paying the prescribed fees. So every Association has to make an application for such registration vide Form
No. 11 on the 12th Schedule. Under Regulation 13(1) of UTR the registrar is required to keep and maintain a register of
Associations and records of their particulars.
In case the Registrar of Titles refuses to register an association he must inform the applicant in writing the reasons for
such refusal. Once he does the correction and meet any other requirement as directed by the Registrar; the Registrar
shall register it. In addition to the stipulated requirements the Registrar may impose any conditions to be complied by
every applicant. Where an Association has been registered the Registrar will have to issue a certificate of registration in
Form No. 12 set out in the 13th Schedule to the UTR. The certificate once issued can be cancelled if the Registrar is
satisfied that the Association has contravened any provisions of the UTA, by-laws or the UTR or has lost the capacity
to be an association. The by-laws of the Association shall follow the format set out in the 14 th schedule to the UTR.
D.1 Checklist of Documents

Application for registration of Unit owners’ Association requires submission of the following documents:
(a) Duly filled application form, UTF No. 11;
(b) Copy of unit plan or reference to filed in the records of the unit title property;
(c) Unit title documents such as Unit Owners’ Constitution, By-laws, Management Agreements; and
(d) Receipts of statutory prescribed fees.
D.2 Checklist of Tasks

Upon application for registrations, the Registrar of Titles is supposed to do the following tasks:
1. Consider the records of the filed unit plan to identify the unit;
2. Enquire whether there are more than 5 unit owners or less;
3. Advice on the documents required for registration,
(By-laws if less than 5 unit owners, and Constitution, By-laws and Management Agreement if more than 5 unit
owners),
4. Demand submission of Unit Association Documents namely,
(a)Association Constitution, (15th schedule),
(b) Association By-laws (14th schedule),
(c) Management Agreement (11th schedule),
5. Inspect the accuracy of the Unit Association documents to meet the minimum requirements in schedule 11, 14
and 15 of the UTR,
6. Receive payment of required fees (20th schedule); and
7. Issue Certificate of Registration of Unit Association (UTF No. 12).
E. Application for Change of Use (S. 13 and Reg.8 (1))

The Owner of a unit can change the use of his unit. However, change of use can only be possible after getting the
consent of the association through a special approval including approval from the planning and local authorities in
case it will affect the proposed scheme. Where the change of use of a unit results in modifications to the unit plan, the
owner of the unit must submit to the Registrar modified unit Plan. On receipt of the of the modified unit plan the
Registrar has to append the unit plan as an annexure to the unit plan of the Unit property registered under section 8
of the UTA. Application for change of use of a unit has to be made on Form No. 8 under the 8 th Schedule to the UTR.
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Such application must be attached with the certificate of consent of change of use from the Association Form No. 9A
and from the local government authority Form No. 9B on the 9 th schedule to the UTR. The Registrar of Titles is
supposed to change the use of a unit if he is satisfied with the fulfilment of the requirements of section 13 of the UTA
and the UTR.
E.1 Checklist of Documents

Application for registration of change of use requires the following documents to be submitted to the registrar:
(a) Duly filled application form UTF No. 8;
(b) Copy of nit plan or reference to filed records;
(c) Relevant consents from unit owners’ association, Local Government Authority and existing mortgagees;
(d) Modified plan; and
(e) Receipts of statutory prescribed fees.
E.2 Checklist of Tasks

Upon application for registrations, the Registrar of Titles is supposed to do the following tasks:
1. Consider the filed records of the unit plan on which the unit was created;
2. Request to be provided with consents from: -
(a) Unit Owners’ Association (UTF No. 9A);
(b) Local Government Authority permitting the change of use (UTF No. 9B);
Where necessary the Registrar may demand further information to verify the authenticity of the consents.
3. Receive modified plan to ensure that it shall not injuriously affect other unit owners, third party interests or
the intended use of the unit property;
4. Demand consent from any existing mortgagee before registering the change of use; and
5. Get receipt of prescribed statutory fees (20th schedule).
F. Application for Subdivision / Amalgamation (S. 12, Reg. 7)

A developer may propose changes to the unit plan which has to be approved by the local authority. Where the
proposed changes may have major impact to the co-owners or neighbourhood, he may decide to subdivide or
consolidate his unit by registering with the Registrar of Titles a unit plan relating to the unit proposed to be subdivided
or consolidated.
Application for registration of a unit plan of subdivision/amalgamation is made on Form No. 6 set out under the 6 th
schedule to the UTR and must be accompanied by a certificate of consent for subdivision /amalgamation from the
Local Government Authority made on Form No. 7 in the 7 th schedule to the UTR. Upon registration of a unit plan of
subdivision or consolidation, a unit comprised in a Unit plan shall be subject to the burden and have benefits of any
easements that affect units in the original unit plan. A unit plan of subdivision or consolidation must be appended
with a schedule indicating the apportionment among the units and unit factor for the unit or units in the original unit
plan. The Registrar of Titles is required to amend the original unit plan before accepting to register a proposed unit
plan of Subdivision or Consolidation as per the UTR.
The Registrar may register the application for subdivision or amalgamation and where he refuses he must inform the
applicant of such refusal and reasons thereof. In case the applicant has made correction or fulfilled all requirements as
directed by the Registrar of Titles, the Registrar has to register the applicant for sub-division or amalgamation. Before
registering the application for sub-division or amalgamation of a unit or a unit plan, the Registrar has to cause a
notification of the sub-division or amalgamation to be endorsed on the original registered unit plan, and to be indicated
on the unit plan, the unit or units being subdivided or amalgamated on the unit plan in the original register. When all
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are fulfilled and the statutory prescribed fees have been paid pay, the Registrar of Titles shall, register the unit or the
unit plan.
F.1 Checklist of Documents

Application for registration of subdivision/amalgamation requires submission of the following documents:
(a) Duly filled application form UTF No. 6;
(b) Copy of unit plan or reference to filed records;
(c) Certified consents from Local Government Authority, the Unit Owners Association and existing mortgagees;
(d) Modified plan; and
(e) Receipts of paid statutory fees.
F.2 Checklist of Tasks

Upon application for registrations of subdivision or amalgamation, the Registrar of Titles must do the following tasks:
1. Ensure the application for subdivision or amalgamation is made on UTF No. 6;
2. Consider filed records of the unit plan on which the unit was created;
3. Demand submission of certificate of consent from the Local Government Authority (UTF No. 7);
4. Receive certificate of consent from the Unit Owners’ Association (UTF No. 9A);
5. Receive and consider the modified plan to ensure that it shall not injuriously affect other unit owners, third
party interests or the intended use of the unit property;
6. May demand consent from any existing mortgagee before registering the change of use; and
7. Demand receipts of prescribed statutory fees (20th schedule).
G. Registration of Transfers of Common Property

Where a common property has been transferred, the instrument of transfer must be deposited to the Registrar of Titles
accompanied by a revised unit plan under the same number. When registering the Registrar of Titles is required to
register transfer of the common property by causing an appropriate record relating to the transfer to be noted on the
revised unit plan and on the relevant part of the register. Then he is supposed to issue in the name of the transferee, a
certificate of title for the land transferred. Where a unit is subject to any existing registered charge, lease or sublease,
the Registrar of Titles must get consent in writing from every registered chargee before he registers any such transfer of
the common property. The consent should not be unreasonably withheld and the lessee and sub-lessee must have
been notified.
G.1 Checklist of Documents

Application for registration of transfer of common property requires the submission of the following documents:
(a) Copy of unit plan or reference to filed unit plan;
(b) Instrument of transfer; and
(c) Revised unit plan.
G.2 Checklist of Tasks

Upon application for registrations of transfers of common property, the Registrar of Titles must do the following tasks:
1. Note the transfer on the revised plan and on the register;
2. Get consent document from existing charges/mortgagee;
3. Receive proof of notification of lessees and subleases; and
4. Issue certificate of title for the transferred land.
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3.4 Termination of Unit Status (Ss.75, 76, Reg.17)
1. Application for termination of unit status by the Unit Owners’ Association is made on form AF 22 (19 th
schedule) of UTR;
2. The Registrar of Titles must consider the circumstances meriting termination;
3. The application must be accompanied by: (a) A certified copy of the unanimous resolution of the owners or (b)
A certified copy of the order made by the court in respect of termination of Unit Status; and
4. The Registrar of Titles must cause notice of termination of unit status to be furnished to any mortgagees and
other interested parties.

Application for termination of unit Status requires the submission of the following documents:
(a) Duly filled application form AF 22 to the UTR;
(b) Proof of circumstances meriting termination;
(c) Certified copies of unit owners’ resolution; or
(d) Certified copy of an order for termination made by the court;
(e) An application for registration of interest against the unit title as indicated in the plan; and
(f) An application for issuance of titles for the common property.
3.4.2 Checklist of Tasks

Upon application for termination of unit status, the registrar is supposed to:
1. Cause notice of termination to be furnished to interested parties;
2. Cancel the ownership register for each unit in the plan;
3. Cancel the titles to each unit in the plan;
4. Establish ownership register for the common property; and
5. Issue titles of common property in the names of the unit owners.
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PART FOUR: INTERMEDIARIES
4.0 Intermediary Roles

Intermediaries are all actors involved in various stages of the development and operation of unit title schemes. The
intermediaries may include estate managers, lawyers, financiers, land surveyors, architects, engineers, project
appraisers, business plan developers etc. These actors may be engaged by the developer or unit buyer at any stage in
the development of the unit title scheme. Therefore their roles are distinguishable depending on the services they
provide and the time they are engaged. The developer, unit owners or unit tenants may take advantage of their
services.
Particular tasks and code of ethics for these actors are provided in their respective legal regimes and client charters. A
well developed unit titles market may also create a code of practice for these intermediaries. Below are some of the
specific services and tasks that intermediaries may provide in a unit title development scheme.
4.1 Financier
The financier is supposed to:
(a) Received and evaluated project write-up;
(b) Provide details of mortgage financing terms and conditions to the loan applicant;
(c) Ensure securitization/hypothecation process;
(d) Ensure drafting and execution of mortgage agreement;
(e) Ensure registration of mortgage documents with the Registrar of Titles;
(f) Release of funds as agreed;
(g) Follow-up mortgage repayments;
(h) Liaise with developer and Registrar of Titles on any change of terms and mortgage compliance;
(i) Occasionally liaise with the Unit Owners’ Association on the status of any mortgaged unit; and
(j) Release or discharge mortgaged units upon payment of a loan.
4.2 Land Surveyors

(a) The Land surveyor may facilitate the developer in planning, directing and conducting surveys for the proposed
development project /area;
(b) Help in determining, establishment, location of the land boundaries, unit title property and natural or human-
made features;
(c) He may help in preparing and maintaining drawings, official plans, records and documents pertaining to the
surveys; and
(d) He may also provide precise construction layout of the property and "as built" surveys.
4.3 Lawyers / Conveyancers

The lawyer may assist the developer to:
(a) Negotiate the purchase of the land;
(b) Facilitate the transfer of the land from a prospective seller to the developer;
(c) Assist in negotiating mortgage terms with financiers;
(d) Assist in reviewing mortgage terms;
(e) Facilitate the execution of the mortgage agreement (deed);
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(f) Liaise with mortgagee for registration of the mortgage documents;
(g) Render legal advice during the development of the unit title project;
(h) Assist in drafting of construction contracts for sale or lease of units any other contracts pertaining to the
development;
(i) Render legal advice to unit buyers;
(j) Facilitate mortgage discharges and transfer of units to unit buyers; and
(k) Provide general legal services on other third party rights and interests.
4.4 Estate Managers

The estate manager may:
(a) Help the developer to prepare opinions of the real property value or price;
(b) Assist a potential purchaser in formulating a purchase offer;
(c) Be engaged to manage the unit title property after completion or after the completion of a phase in a phased
unit plan development;
(d) Advice on change of use; and
(e) Advice when to mortgage or sell a unit.
4.5 Architects
The architect may:
(a) Advise the developer against proceeding with any project whose practicability may be questionable due to
financial, legal or exigent conditions;
(b) Help the developer to know the conditional character of estimates other than estimates submitted in the form
of actual proposals by contractors;
(c) Help the developer to assess the needs and stipulation of the developer and the effects of the project upon the
life and well-being of the public and the community as a whole; and
(d) Assist the developer to meet the aesthetic and functional requirements of the project according to the
developers’ appropriation.
4.6 Disposition (S.28 (1))

The Registrar may prepare a checklist of tasks for disposition of unit title properties in compliance with the Land Act,
1999 and the Land Registration Act, (CAP 334 R.E 2002). Different kinds of disposition may be carried under the UTA.
These dispositions are included (but are not limited to) sale, lease and mortgage. The dispositions can be carried out by
the developer, or the buyer of a unit. In such case the developer may sell, lease or mortgage. Likewise, the unit buyer
may also lease his unit, sell it to another person or mortgage it. The process of disposition involves various
requirements procedures as provided under the Land Act, 1999 and the Land Registration Act (CAP 334 R.E 2002)
that must be complied with.
4.6.1 Sale by Developer

A developer can sell a unit or proposed unit. Such sale will only be possible after delivering to the purchaser a copy of:-
a) the sale agreement which shall contain the matters as set out in the 17th Schedule to the UTR;
b) the existing or proposed by laws in 14th schedule to the UTR;
c) the existing or proposed management agreement matters set out in the 11 th Schedule to the UTR;
d) the existing or proposed recreational agreement;
e) the lease of the common property, if the common property on which the unit is located is held under a lease;
f) a certificate of title in respect of the unit or proposed unit;
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g) any charge or proposed charge which may affect the title of the unit; and
h) the Unit plan.
In case of a charge or proposed charge he must deliver to the purchaser a written notice indicating:-
a) the maximum principal amount under the charge;
b) the maximum monthly payment, if any;
c) the amortisation period;
d) the grace period, if any;
e) the pre-payment terms, if any; and
f) the interest rate or the formula, if any, for determining the interest rate.
The purchaser of a unit may without incurring any liability for doing so rescind the sale agreement in respect of the
purchase of the unit within ten (10) days after the date of its execution. In case the sale agreement has been rescinded
the developer must return to the purchaser all money paid to purchase the unit in a period of ten (10) days from the
date of receipt of written notice of rescission. However where all the documents stated under 4.6.1 have been delivered
to the purchaser in not less than ten (10) days before the execution of the sale agreement the purchaser may not
rescind the sale agreement.
4.6.2 Sale by a co-owner

A co-owner or any other person (who has bought a unit(s) from the developer) may sale his unit(s). In order for the sale
to be possible he must furnish to the purchaser prior to the completion of the sale;
(a) copies of the by law;
(b) the Association's current budget and financial statement;
(c) a certificate containing a statement of the amount of assessments for common expenses against the
unit; and
(d) the amount of any unpaid common expense currently due and payable with respect to the unit, and of
any other fees or charges payable by the co-owner of the unit.
The Association shall provide the documents and certificate required within ten (10) days of request from a co-owner or
such other person, subject to reasonable payment for the costs production of documents. A person, who acquires a
unit, by whatever means, including the exercise of a mortgage right, is bound to pay all common expenses due in
respect of that unit at the time of the acquisition. A purchaser of a unit cannot be liable for any common expenses,
assessments or fees in excess of the amounts shown in the sales certificate of the Association prepared in accordance
with the UTA.
4.6.3 Leasing of the Unit

The owner of a unit may lease his unit to another person. In such a case the owner shall within seven (7) days after the
tenant begins to rent his unit give the Association notice in writing stating the name of the tenant occupying the unit
and other particulars as may be required by the by-laws. The Association may also require the owner who rents his
unit to pay to and maintain with the Association a deposit which the Association may use for;
(a) repair or replacement of the property of the Association; and
(b) maintenance, repair or replacement of any property which is subject to a lease granted to the owner of the
unit under the UTA which is damaged, destroyed, lost or removed as the case may be by the person occupying
it.
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Seven (7) days after the tenant cease to rent the unit, the owner must give the Association notice in writing stating that
his unit is no longer rented. In such a case the Association shall within twenty (20) days after receiving a written notice
regarding such expiration of the lease, return the deposit to the owner. In case it had applied the deposit to one of the
intended purposes stated above, the Association shall provide to the owner a statement of account for such
expenditure and the remaining balance. In case it intends to use it for the stated purposes deliver an estimated
statement of account indicating the amount it will use and within sixty (60) days provide a statement of account
showing the amount used and any remaining balance.
4.6.4 Mortgage of a Unit

The owner of a unit can mortgage his unit in accordance with the provisions of the Land Act, 1999. In order to protect
the mortgagee, the Association may enter into agreements with mortgagees holding mortgages on any unit by which
the Association agrees:
(a) to give written notice to the mortgagee of any state of facts or occurrence which actually or potentially affects
adversely the physical or financial condition of the property;
(b) to give written notice of any delinquency in the payment of common expense by the co-owner of a unit on
which the creditor holds a mortgage, or any intention of the Association to enforce its claim to collect common
expenses against a unit;
(c) not to amend any material provision of the by law without the consent of the mortgagees holding mortgages on
the units;
(d) not to take specified actions concerning the property without the approval of the mortgagees holding
mortgages on the units, including and without limitation:-
(i) Conveying or encumbering any of the common areas;
(ii) Termination of the co-ownership; or
(iii) Pledge or assignment of the future income or receivables of the Association;
(e) upon the request of any mortgagee, to provide a copy of the current financial statements of the Association; or
(f) such other matters on which the Association and mortgage creditors may agree and which do not contradict
the UTA.
(1) Agreements for the benefit of mortgagees may be included in the by-laws, in which case, they shall constitute
contractual obligations of the Association toward any present or future mortgagee holding a mortgage on any
unit.
(2) Upon acquiring ownership of a unit through enforcement of its rights under a mortgage, a mortgagee shall
succeed to all rights and obligations of a co-owner.
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4.6.5 Composite Flow Chart
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PART FIVE: UNIT BUYER (OWNER)
5.0 Buyer’s Rights and Obligations

The unit owner including a developer has certain rights and obligations in relation to his unit. Every
co-owner is entitled to enjoyment of the private unit, private common property, general common
property and appurtenant to unit property. Every co-owner can use his unit and the common areas
for his own needs as well as for the needs of his family / household, agents, tenants, invitees, and
licensees for access in and out of their respective Units. He may also use it for other purposes
incidental to the use of units; without the approval of the Association or any other co-owner, or
transfer his unit to any other person by sale, lease, gift, bequest devise, pledge or mortgage or any
other manner permitted by law.
i. He may use his unit and the common areas for his own needs as well as for the needs of
his family and household;
ii. He may transfer his unit to any other person by sale, lease, gift, bequest, devise, pledge or
mortgage or any other manner permitted by law;
iii. He may participate in the management of the Association in accordance with the
provisions of the by-laws, and in that regard he may elect or be elected to the
Association's Governing Committees;
iv. He is also entitled to such appurtenant rights /ancillary easements as:-
(a) Support, shelter and protection,

(b) Passage or provision of water, sewage, drainage, gas, electricity,
telecommunication, garbage and air,
(c) Any other service over the common property and every structure on it
as may be necessary for the reasonable use or enjoyment of the
common property or unit.
(d) Right to full, free and uninterrupted access,.
(e) Use of light through or from any windows, doors or other apertures in
place at the time of unit registration.
v.He can exercise other rights that do not contradict the provision of the UTA.
vi He may lease his unit subject to the Association’s consent. Before doing so he must give
notice to the association within seven (7) days.
vii He can mortgage the Unit under the provisions of the Land Act.
In case of a mortgage, the Association may enter into agreement with mortgagee to
provide information on various issues regarding any state of facts that affects / likely to
adversely affect physical or financial position of the mortgage. The agreement may
provide, amongst other things provisions where the Association agrees:-
a) To notify the mortgagee of any breach by a co-owner of a unit under mortgage to
pay common expenses or intention of the Association to enforce such claim,
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b) Not to amend any material provision in the by-law without the consent of the
mortgagees holding mortgages in the units;
c) To provide current financial statements of the Association on request; and
d) Not to take specified actions concerning without the approval of the mortgagees
holding mortgages on the units including and without limitation:-
i. conveying or encumbering any of the common areas, and
ii. termination of the co-ownership, or pledge or assignment of the future

income or receivables of the Association.
viii The agreement with the mortgagees may be included in the by-laws in which case they
shall constitute contractual obligations of the Association towards any present or
future mortgagee holding a mortgage on any unit; and
ix. Where a co-owner has defaulted the mortgagee as a remedy may acquire right of
ownership of the mortgagor’s unit as a remedy. In such a case the mortgagee shall
succeed to all rights and obligations of a co-owner.
A. Obligations and Liabilities

Each co-owner as a member of the Association is obliged to observe the by-laws and contribute to
costs of maintaining and operating the property, including the contingency fund, in proportion to his
fractional share. A co-owner who uses common areas for restricted use is required to contribute to the
costs resulting from those portions. No co-owner is permitted to, not even in his unit to interfere with
the carrying out of work required for the conservation of the property approved by the Association or
of urgent work.
(i) Nuisance or annoyance:
(a) A unit owner must not use the unit, or permit it to be used, in a way that causes a nuisance
or substantial annoyance to an owner or occupier or user of another unit unless the
Management Committee has given an owner, occupier or user of the unit written permission
for that purpose.
(b) A unit owner is not allowed to make, such a noise within the unit in the circumstances likely
to cause substantial annoyance to an owner, occupier or user of another unit unless the
Management Committee has given the person responsible for making the noise written
permission.
(ii) Animals and birds
(a) A unit owner may not keep, or permit to keep, any animal or bird within the unit or on the
common property unless the Management Committee has given the person keeping the
animal written permission.
(b) A unit owner may not use a unit, or permit it to be used to contravene any written law.
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(iii) Fire arms
(a) A co-owner cannot use, or permit any occupant, agent, tenant, invitee, guest, or member of
the co-owner’s family to use firearms, air rifles, guns, bows and arrows, illegal fireworks or
other dangerous weapons or devices anywhere on or about the property.
(iv) Drive ways
(a) Drive ways must remain clear at all times to facilitate access among all co-owners. No
stopping, standing or parking in the drive ways and general parking at any time.
(b) The drive ways may not be used for any purpose other than access to the individual garage
units or parking lots without the prior written permission of the Association.
(c) No commercial vehicles, heavy duty tracks or trailers should be parked or stored within the
property without prior written approval of the Association.
(d) Any maintenance should be performed within a garage or residence where such work shall be
isolated from public view.
(v) Use of common areas
(a) The common areas are for the quiet use of co-owners, family members, occupants, guests and
invitees. In case of any planned gathering in the common areas, the host co-owner must first
receive written permission from the association.
(b) There may also be quite time policy in the common areas.
(c) The Association may impose reasonable user fees for use of the common areas.
(vi) Fire Safety
(a) Each co-owner is required to abide by the general fire safety Regulations and precautions
issued by local authorities.
(vii) Waste Collection and Disposal
(a) A co-owner or occupier of a unit in a multi-storey subdivided building with chutes for the
disposal of waste is required to ensure that before any waste is thrown into the chutes it is
securely; wrapped in plastic bags or other similar materials.
(b) Occupiers are not allowed to dispose off any large objects into the chutes which may obstruct
the free fall of waste in the chutes.
(c) A co-owner or occupier of a unit not provided with any chute for the disposal of waste has to
maintain within his unit, or on an authorized part of the common property a garbage bin for
the disposal of waste.
(d) Occupiers may not place any waste in the garbage bin of another co-owner or occupier of any
other unit without his permission.
(e) An occupier must promptly remove any waste which may have spilled from the garbage bin.
(f) A co-owner or occupier is not allowed to deposit or throw upon the common property any
rubbish, dirt, dust or other material likely to interfere with the peaceful enjoyment of the co-
owner or occupier of another unit or of any person lawfully using the common property.
(viii) Signs and Billboards
(a) Signs, billboards or other advertising devices that are visible from the exterior of the Unit or
from the common property should not be displayed on any Unit without written permission
from the Association.
(b) As for advertising the units, a professionally made unlit sign, or a sign of substantially the
same quality and appearance, not larger than one square meter in size, maybe used for the
purpose of advertising a unit for sale or letting.
29
(ix) Physical alterations of units & Boundaries
(a) A co-owner may make improvements or alterations to his unit which do not damage or impair the
common areas or any other unit; or change the appearance of the common areas, or the exterior
appearance of a unit such as fencing wall, doors, windows, external wall, swimming pool, sheds
or any other portion of the property, without permission of the Association.
(b) He may also remove, alter or create apertures in any intervening partition if those acts do not
impair the structural integrity or mechanical systems of the property or another unit or lessen the
support of any portion of the property; and relocate the boundaries between adjoining units,
combine two or more units or subdivide an existing unit into two or more portions by amendment
to the declaration upon approve of the Association and the co-owners of any affected units.
(c) Co-owners may apply for relocation of boundaries, combination or subdivision of units at their
expense. The fractional shares will be reallocated among the co-owners and the Association will
prepare and register the amendments to show the subdivided unit or altered boundaries, units,
their dimensions, identifying numbers, and the fractional shares of such units.
(x) Aerials, Antennas, and Broadcasting/ Receiving Devices

(a) The Association may restrict the location, size, appearance, colour, and screening, of any
broadcasting or receiving device.
(xi) Landscaping and site works
(a) All gardens, lawns and flower beds must be maintained in an aesthetically pleasant manner,
safety and spot lighting may only be localized, with approval of the Management Committee.
B. Liability of Co-owners
Where in a unit owned by two or more people as joint tenants or tenants in common; there is an
amount that is to be recovered by the Association from the unit owners’, the liability is separate and
joint for the payment of the amount. Therefore each unit owner shall be liable for part of the amount
proportional to the value of the owner’s interest in the unit. If any co-owner has paid part of the
amount that is more than the owner’s proportional liability he may recover the excess from the other
owners.
5.1 Buyer’s Checklist

Among the things that the UTA deals with is purchase of units in unit properties. Generally, a
prospective buyer of unit would undertake the following tasks that are necessary to enable the buyer
to make an informed decision and avoid possible market frauds.
The tasks that the buyer would undertake include:
(a) Administer vendor’s questionnaire;
(b) Carry out official search in respect of the unit at the relevant land Registries;
(c) Conduct onsite verification;
(d) Obtain a valuation report of the unit as approved by the Government Chief Valuer;
(e) Process financial facility;
(f) Require the following checklist from the vendor:
i. Get draft sale agreement;
ii. Obtain certificate of title for the unit;
30
iii. Obtain proposed by-laws;
iv. Obtain proposed recreational agreements;
v. Get copy of lease agreement of common property (if any);
vi. Get a copy of the Unit Plan;
vii. Get a copy any charge/mortgage;
viii. Rent Clearance Certificate (if any);
(g) Obtain property tax clearance certificate;
(h) Obtain a Capital Gains Tax Certificate from the vendor;
(i) Execute sale agreement;
(j) Process approval to disposition with the Commissioner for Lands;
(k) Pay stamp duty and registration fees as prescribed by law; and
(l) Follow up with the Registrar of Titles to ensure execution of the transfer.
5.2 Flow Chart on Unit Buyer’s Tasks
Vendor’s Disclosure
Ads, TV, newspaper,
Internet etc
On site verification
& Evaluation
Official Search Report

.Phase Dev,
Performance Bond
No of Unit, Unit Use
Obtain necessary
documents
Financing
Excuse Sale
Arrangements Unit Title
Agreement &
Developer Consent
31
5.3 Sale of Unit by the Unit Owner
Where the unit owner decides to sell his unit he must make available to the buyer the following
documents before completion of the sale. (S. 30 (1) of the UTA)
(a) Copies of the by-laws;
(b) Association’s current budget and financial statement;
(c) A certificate containing a statement of the amount of assessments for common expenses for
the unit;
(d) Any unpaid common expense due payable for the unit; and
(e) Any other fee or charges payable by the owner of the unit.
32
PART SIX: MANAGEMENT OF UNIT TITLE PROPERTY
6.0 Overview
The Unit title property being a unique kind of property model calls for a special management
structure. The structure involves formation of an Association that has the power to run the day to day
management of the property. The functions and powers of the Association have been further outlined
below.
6.1 Owners’ Association
The management of unit title property involves the owners’ Association and the managing agent. In
order to ensure smooth operation of the Association and its management, the association must have
constitution, by-laws, and a management agreement.
The developer is required to engineer the formation of the Association. He is also required to convene
the first meeting of the Association upon which the management committee will be elected. The initial
meeting of the co-owners has to be called by the developer after five (5) of units having been sold. The
initial meeting has to be called ninety (90) days after fifty percent (50%) of the units or one hundred
and eighty (180) days after first conveyance of title in order to elect a management committee. The
developer can also call meetings other than initial meeting to share information or for specific
purposes. After the initial meeting, the Association can call AGM and Special Meetings. The notice of
meetings should not be later than twenty one (21) days. But where the owners are less than five (5)
the developer is supposed to advise them to simply adopt by-laws and register them with the Registrar
of Titles.
Once their number reaches five (5) then they have to form an Association and register it accordingly.
The developer is also required within six (6) months after the date on which the Unit plan is
registered, provide the Association, free of charge, with the following documents:-
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(a) all warranties and guarantees on the property of the Association;
(b) structural, electrical, mechanical and architectural working drawings and specification;
(c) as built drawings, if applicable, of the common property of the Association;
(d) plan showing the location of underground utility services and sewer pipes;
(e) all agreements to which the Association is a party, with a local authority, planning authority, the
Government or an agent of the government which relate to the property of the Association;
(f) and any other relevant documents.
The Association may however, at any time before it receives any document require the developer to
provide the Association with any of the above documents. The developer will then be required to
provide the document within a period of twenty one (21) days, if the document is in his possession.
6.1.1 Functions of the Association
The functions of the Association are to:-
(a) manage the common property;
(b) to keep the common property in a state of good repair;
(c) to establish and maintain a fund for administrative expenses sufficient for the control,
management and administration of the common property, and for the payment of any
insurance premiums, rent and the discharge of any other obligation of the Association;
(d) to determine from time to time the amounts to be paid for various expenses;
(e) to raise any amount determined for various expenses by levying contributions on the
properties in proportion to unit entitlement of their respective units;
(f) to insure and keep insured buildings and other improvements on the common property
against fire;
(g) to effect such other insurance as required by the UTA, or as it may consider expedient;
(h) to pay the premiums in respect of any policies of insurance effected by it;
34
(i) to do all things reasonably necessary for the enforcement of any contract of insurance entered
into by it;
(j) to comply with any notice or order duly served on it by any competent local authority,
planning authority or public authority requires to, or work to be performed in respect of the
land or any building or improvement on it;
(k) to submit new plans to the Registrar of Titles in case of alterations to the Unit property;
(l) to do all things reasonably necessary for the enforcement of any lease or license under which
the land is held;
(m) carry out any duties imposed on it by its by-laws. It can also hear complaints from aggrieved
members of the Association.
The Association is responsible for enforcement of its by-laws and the control, management and
administration of its movable and immovable property and the common property. The functions of the
Association are subject to any restriction imposed or direction given at a general meeting, be exercised
and performed by the Management Committee.
The duties of Association includes- to keep in a state of good and serviceable repairs and properly
maintain, the movable and immovable property of the Association and the common property; and to
comply with notices or orders from any local authority, planning authority or public utility authority
requiring repairs to, or work to be done in respect of the common property.
The Association can have fund or funds for general administration of the Association. The fund will be
used for major repairs and replacements. Annual assessments of levy are to be determined by Annual
budget and must correspond to such budget. All monthly instalments of the annual assessment must
be due and payable in advance on the first day of the month. In case of default on payment of
assessments levied upon the co-owner’s Unit, the Association may impose fines. The Association is
35
required on its own and on behalf of the owners to obtain and maintain an insurance policy covering
the units and common properties as provided under section 81 of the UTA.
6.1.2 Representation of the members of the Association
Where a unit is owned by two or more persons as joint tenants or co-owners, the owners may by
notice authorize the association in writing to authorize an individual to represent them as their agent.
The notice of unit owners’ representative authorisation is provided under (Form AF 5) of the UTR. In
case a company is a co-owner of the unit, the company’s own representative may be authorized as the
unit owners’ representative. The notice of company’s representative authorisation is provided under
Form AF 8 of the UTR. The notice of authorization has to be given to the Association within fourteen
(14) days after the lodgement for registration of the instrument under which the unit first becomes co-
owned; It also include the full name and physical address of the representative; and has to be signed
by each owner of the unit.
6.2 Constitution of the Association
Every Association is required to have a Constitution. The Constitution is to regulate the affairs of the
association while the by-laws help to regulate the conduct of the members. The model of the
Constitution is as stipulated in the 15th schedule to the UTR. See the chart below on the contents of a
model constitution.
6.3 Management Agreement
Every association is required to engage a managing agent for the management of the unit property.
The association is required to elect a management Committee from among its members as per its
Constitution. The Committee has the mandate to engage a managing agent for and on behalf of the
association. In engaging the managing agent the committee must enter into agreement with any
nominated agent. The management agreement outlines the rights and duties of the association and
the management agent. The agreement between the managing agent and the Association shall be
36
entered into through the prescribed format in the 11 th schedule to the UTR. The agent must have
qualification from an approved institution on property and facilities management or any other
category of person with professional qualifications from as the minister may prescribe. The role of the
managing agent is to manage the unit property, manage movable and immovable properties of the
Association, and manage the common properties of the Association.
The members of the management committee shall be indemnified by the Association against all
expenses and liabilities, including actual and reasonable attorney fees and amount paid in settlement
incurred by or imposed upon him or her.
6.4 By-laws
Every association must have by-laws to regulate the conduct of the unit owners. The owners may
adopt the model by-laws provided under the UTR or prepare different by-laws which contain a
minimum of the matters stated in the model by-laws. Some of the matters that must be contained are
the name of the association, date when they were adopted as the official by-laws of the
___________________Association and the date of the members’ meeting that adopted them.
The location and address of the unit owners’ Association, Plot No. ______________, Block
No.______________in the area of_____________ in _____________ city / municipality /district, and the
number of units must also be stated. It must provide for membership, voting rights and meetings,
operations and administration of the Association and financial matters. It must provide how
enjoyment, use and upkeep of private and common property will be regulated including disposition
issues and dispute resolution.
37
GLOSSARY
“Act” means the Unit Titles Act, 2008 – Cap 416 of the Laws of Tanzania, in short the UTA;
“administrator” has the meaning as referred under section 71 of the UTA;
“association By-laws” means the By-laws of the Unit Association, organized to administer, operate,
manage, and maintain the Unit Property as made under section 50 of the UTA;
“association” or “association of owners/co-owners” means the Unit Association established
under section 35 of the UTA that shall administer, operate, manage, and maintain the Unit Property
and which shall have all co-owners as members. As a Body Corporate the association may sue or be
sued, it may hold property and has perpetual succession;
“certificate of unit title” means a certificate issued under regulation 6 of the UTR;
“cluster(s)” means group of houses for residential or business purposes closed together;
“committee” means a Management Committee of the association established under section 47 ;
“common area for restricted use” means a common area used by one or several co-owners;
“common property” means any portion(s) of the unit property other than the individual Unit(s),
including all general and restricted use common property, as described more fully in the Unit plan,
but generally may refer to:
 Land (for example; gardens, pedestrian walkthroughs, car-parks, etc.)
 Common areas in the Unit Development (for example; Stairs, hallways, roofs, common
passages, foyers, etc.)
 Exterior walls of Units.
 Utility service facilities and extensions (for example; Space for wiring, conduits, sewerage
pipes, etc.)
“co-owner” means the person, firm, Association, corporation, partnership, trust, or other legal entity
or any combination of such entities who or which own a unit in the unit property and the term co-
owner, wherever used, is synonymous with the term owner;
“developer” means a person engaged in the business of developing a unit property as provided for in
the UTA, and includes its successors and assignees who have signed, delivered, and registered the
38
unit plan and other unit documents; the term includes therefore any person who on the date the
application is made to the Registrar of Titles for registration of a unit plan is registered in the register
as the owner of the units as shown on the plan;
“fractional share” means a division of common areas into fractions belonging to one or several co-
owners, who owns undivided right of ownership in the area equal to the relative size of one’s fractional
share;
“general common property” means those common areas that are for the use and enjoyment of all
co-owners of the Unit Property, as described more fully in the Unit plan and specified under Section
6(3) of the UTA;
“managing agent” means a person referred to under section 49 of the UTA (and Regulation 11(2) of
the UTR) who is engaged by the Association to manage the affairs of the association on a day-to-day
basis, organize general meetings of members, prepare accounts, collect contributions and to generally
manage the property under a management agreement in the form recommended under the 11 th
Schedule of the UTR;
“member” means a co-owner who is entitled to ownership of an individual Unit and has therefore the
right to become a member of the Association. The term Member, wherever used, is synonymous with
the terms owner and co-owner;
“minister” means the Minister responsible for housing matters under the UTA;
“owner” means an owner of a unit registered under units plan in accordance with the UTA;
“phased unit plan” means a unit plan registered in successive phases under section 5 of the UTA;
“property” means unit property as provided for under the UTA, and generally relates to land and all
derivative interests therein owned and held as condominium property;
“register of units” means a register kept under regulation 3(1) of the UTR;
“register” means a register referred under section 9(1) of the UTA;
“registrar” means Registrar appointed under section 4 of the LRA;
“regulations” means the regulations made under the UTA;
39
“restricted common property” means those common areas that are reserved for the exclusive use of
a co-owner or any other person so allowed by the Management Committee of a specific unit or units,
as described more fully in the Unit plan;
“special resolution” means a resolution of an association passed by a majority of the members of the
association;
“transitional control date” means the date on which the Management Committee for the Association
takes office pursuant to an election in which the votes that may be cast by eligible co-owners
unaffiliated with the Developer exceed the votes which may be cast by the Developer;
“unit documents” means the Unit Plan including all exhibits, the Constitution of the Association,
the By-laws of the Association and the rules adopted by the Management Committee of the
Association, and any other document that affects the rights and obligations of a co-owner in the unit
property;
“unit factor” means the unit entitlement of a unit plan and indicated the share of an owner in the
common property, common facilities and other assets of the Association and is the figure which
determines the owner’s contribution to the common expenses of the Association and may be
determined in accordance with the by-laws of the Association using such variables as the size of the
unit, location of the unit and the view which the unit commands. [Refer to 2nd Schedule-Derivation of
Unit factor]
“unit plan” means a plan referred to under section 5(2) of the UTA and includes the document,
together with the exhibits attached to it and all amendments that may be adopted in the future, by
which the unit property is being submitted and registered for unit ownership under the UTA;
“unit property types” means the type of unit property as defined in the UTA which includes high rise
structures or in rows or terraces, or in buildings in a cluster form and the like structures and the user
thereof as more particularly described in the Urban Planning Act 2007 use classes or any other
applicable law;
40
“unit property” or “property” means the land described in the Unit plan, as the same may be
amended, together with all structures, improvements, easements, rights, and appurtenances located
on or belonging to such property;
“unit title” shall have a meaning ascribed to it under section 5(1 of the UTA);
“unit” means a portion of property which is owned by a specific owner or co-owned for exclusive use
by owners and is designed and intended for separate ownership and use by an owner or owners, as
described in the unit plan;
“UTA” means the Unit Titles Act, Cap 416 of the Laws;
“UTR” means the Unit Titles Regulations made under Section 83 of the UTA.___________________
41
ANNEXES
ANNEX 1 TASKS FOR THE DEVELOPER
Task Required
 Acquisition of Title  As required under the Land Act, or any other law.
 Engaging Necessary Intermediary
 Acquisition of Architectural  Engaging of a Registered Architect
Drawings  Engaging Necessary Intermediary
 Approval of Land Surveyor  Engaging of a Registered a Land Surveyor
- [S.15(1) (a)]  UTF# 10A
 Getting FINANCIERS  Engaging Real Estate Appraisers
 Engaging BANKERS
 Securing a Mortgage
 Engaging other Intermediaries – e.g. Lawyers, etc.
 Approval of Local  Acquisition of Necessary Permits & Approvals
Government. Authority  Engaging necessary intermediaries (Estate agents, Lawyers,
(LGA) -- [S.15(1) (b)] etc.)
 Pay necessary FEES.
 UTF# 10B
 Certificate of Architect –  UTF# 10C
[S.15(2)]
 Registration of UNIT PLAN  Requirements listed under S. 14

[Ss 8 & 14; Regs. 3 & 4]  Required Approvals
 Submit Unit Plan in Quadruplicate & indicate Number of
Units [S.4(3)]
 UTF# 3
 Site plan S.14 (a)- (e) & (i)- (k)
 Schedule for unit factors S.14 (1) (f)
 Statement of particular to identify title to common property
S.14 (1) (g)
 Certificates ref. S. 15:- Cert. Reg. Land Surveyor, Cert from

LGA, Cert. Of Registered Architect, Building permit
 Application for Registration  Application - UTF# 4
of UNITS (Reg. 5)  Receive Certificate of Unit Title – UTF# 5 under Reg. 5(3).
 Application for Registration  Constitution
of Association  By-Laws
42
 Management Agreement
 UTF# 11 under Reg. 13(7)
 Indicate whether  If phased submit Timetable [S.4(5)]
Development is Turnkey or
Phased [S.4(4)]
 Engaging Intermediaries,  Estates Agents,
whenever necessary  Land Surveyors/ Architects
 Valuers,
 Lawyers,
 Real Estate Appraisers
 Pre-Completion Sale  Estate Agents
 Valuers
 Lawyers (Sale Agreements/Mortgage Facilitation)
ANNEX 2: INTERMEDIARIES/FINANCIERS
Task Required
 Receiving & Evaluating Project  As appropriate
Write-Up
 Securitization/Hypothecation  As appropriate
Process
 Mortgage Agreement  Draft Mortgage Agreements
 Registration of Mortgage  As per procedure
Documents
 Release of Funds as Agreed  As per practice
 Follow-Up Mortgage Repayments  As per practice
ANNEX 3: TASKS FOR THE REGISTRAR
Task Required
 Receive UNIT PLAN (Section 14 &  RoT to prepare a checklist
Reg. 9)
 Consider Contents of Unit Plan  Site plan S.14 (a)- (e) & (i)- (k)
and accompanied docs. per  Schedule for unit factors S.14 (1) (f)
Section 14 & Reg. 9  Statement of particular to identify title to common
property S.14 (1) (g)
 Certificates ref. S. 15 :- Cert. Reg. Land Surveyor.,
Cert from LGA, Cert. Of Registered Architect,
43
Building permit
 Assign a Unit Plan Number – Reg.  UTF# 2 - 2nd Schedule

3(4)
 Close Part of Register for 
COMMON PROPERTY S.8(1)(a)
 Open Part of Register for UNIT 
TITLES S.8(1) (b)
 Receive application for  UTF # 4, 4TH Schedule

Registration of a Unit. Reg 5
(3),10(1) & (2)
 Issue Certificates of Unit Titles  UTF #5, 5th Schedule

S.8(1) (b)
 Keep the CT of the Right of 
Occupancy/Master Title
 
 Receive Application for  Application UTF # 11-
Registration of Unit Association  The Constitution of the Association 15th schedule
S. 35 (5) Reg 13  Association By-Laws 14th schedule
 Management Agreement 11th schedule
 Application fees 20th schedule (item 1a)
 Issue Certificate of Registration of  UTF #12
Unit Association 
 Receive application for Change of  Application UTF # 8, 8th schedule

use S. 13 & Reg.8 (1)  Consent Certified from Association. UTF # 9A 9 th
schedule
 Consent Cert. From LGA. UTF # 9B 9th schedule
 Modified plan
 Application for subdivision/  Application UTF # 6, 6th schedule
Amalgamation S. 12 Reg. 7  Consent Certified from LGA UTF#7
 Modified Plan
 fees
 Termination of a Unit status  19th schedule
S.75, & S.76 Reg.17
 Disposition –S.28 (1)  Requirement under the Land Registration Act,
 Land Act, No 4 1999. S.36-40 and the Land Act will apply ( check list to be
prepared)
44
ANNEX 4: FEE STRUCTURE
NO. TYPE OF FEE AMOUNT IN
TSHs
1. a Upon submission of a unit plan, a unit plan of sub-division or a unit plan 150,000/
of amalgamation from 5 to 20 units =
B Upon submission of a unit plan, a unit plan of sub-division or a unit plan 250,000/
of amalgamation over 20 units =
C Where the unit plan is in phases (phased unit plan), for each extra phase 75,000/=
2 On application for issue of a certificate of title in respect of a unit 30,000/=
3. a On lodgement for registration of – 10,000/=
Discharge of mortgage, caveat or withdrawal of caveat of/on unit title.
B A transfer 0.25% of whichever is greater between consideration and value
C A lease 50% of the payable monthly rent
D A mortgage 15,000/=
E Any transaction referred to in paragraphs (a) to (d) when not in the 15,000/=
prescribed form
F Any transaction referred to under subparagraphs (a, b, c, d) of paragraph
where the instrument is lodged in triplicate or quadruplicate, an additional fee
of ,000/=
5. a On lodgment for entry of a copy of a decree of execution or order of court - 10,000/=
B For removal of a decree of execution or order of court- 10,000/=
6 On lodgement of any instrument or other document whose purpose is to 10,000/=
deal with or more than one certificate of title, for each memorial or entry after
the first one
8. a On lodgement of rules for management of an association 10,000/=
B On lodgement of an instrument of amendment or revocation of rules 5,000/=
9 On application for registration of an easement or restrictive covenant 10,000/=
10 Upon filing a notice of termination of Unit status 50,000/=
11 For an application for of change of address 10,000/=
12 For registration of a legal personal representative 5,000/=
13 For certificate of documents, per page 5,000/=
14 For a lost certificate of title 15,000/=
15 Any other matter not otherwise prescribed in this schedule. 10,000/=
45
46
ANNEX 5: PROCESS MODEL FORMS
FIRST SCHEDULE
________
(Made under Regulation 3(3))
UTF No. 1
REGISTER OF UNIT
No. of Units…………
UNIT PLAN No…………..
Part A – Property Section
Edition
Date Opened Particulars of unit property
Title Number
Owner/Developer..………………………………
Plot Number Block Number Location
Appropriate areas in square metres

Postal address ………………………………………………..
Registry index map sheet

Rent………………Term…………….From………
The estate of the registered owner/developer is subject to the covenants
and conditions contained in the certificate of occupancy
Part B – Proprietorship Section Part E – Encumbrance Section
F Date of Name of the Addr Consider Signature Date Natu Fur Signature
47
D No. registration registered owner ess of the ation/ of the FD No. of re of ther of the
registere Declared Registrar registrati Encumbr particu registrar
d owner value on ance lars
48
Part C – Change of members of committee and Part D – Change of By-laws
change of managing agent
S FD Date Initials of the Seri F D Signa
erial No. of registrar al No. D ate of ture of
No. registratio No. regist registrar
n ratio
49
UTF No. 2
_________
SECOND SCHEDULE
________
_______
NUMBERING OF THE UNIT PLAN
A plan presented for registration as unit plan shall be numbered in the following manner:–
Plan No………… of Plot No ………Block …………… Location…………. Title of the plot is identified as
required by the section 35 of the Land Registration Act.
A plan presented as a unit plan of subdivision shall be numbered in the following manner: –
Unit subdivision plan No………………of Plot No…………….. Block/G/6/5, (where 5 is the number of
the unit in the building situated on Plot number 6 in Mbezi Block G).
A plan presented for registration as a unit plan of consolidation shall be numbered in the following
manner :–
Unit consolidation Plan No…………of Plot No…………….Block G/6/3 and 4.
Similar numbering shall apply to unit Plans relating to Plots in other Blocks or registration sections.
50
UTF No. 3
_______
THIRD SCHEDULE
_______
APPLICATION FOR REGISTRATION OF A UNIT PLAN
(To be submitted in duplicate) Title No……
To: the Registrar of Titles
I/We…………………………………………………………………………………….of
Postal Address…………………………………………………………………………
Email……………………………………………………Phone No………………….
We here by apply for the registration of the unit under the above reference;
Nationality ……………………………………………………………………………
Present occupation/ type of business engaged in ....……………………………….
Number of units ……………………………………………………………………..
Description of Property: Plot No.……Block …..Location……….…Title No…..……
Approximately value of existing or planned building ……………………………
Registered Proprietor ……………………………………………………………..
Tenure: Right of Occupancy/Lease ……………………………………………..
Signature of the applicant(s) or agent(s) ………………………………………
*Attach four copies of unit plan

*Application to conform to requirements of Regulation 9.
51
52
Addition to UTF No 3 (subject to Registrar’s Approval)
Made Under Regulation 5(2)
REGISTER OF UNIT TITLES
Edition opened
Part A – property Section
Registration section Nature of the title
Unit number…………and shares in the common property therein
Approximate unit Floor areas …………………………………….…………M²

Right of occupancy
Original/previous parcel ………………………………………..………………
Unit plan number ………………………………………….…………………….
Part B- proprietorship section Part C – Encumbrance Section

Entry Date Name of the Address of Remarks Signa Entry Date Nature of Further Signa
No. owner of registered the registered ture of No. Encumbrance particulars ture of
unit owner Registrar Registrar
53
UTF No.4
______
FOURTH SCHEDULE
_______
_______
APPLICATION FOR REGISTRATION OF A UNIT
(To be submitted in duplicate) Title No……
To: the Registrar of Titles

I/we…………………………………………………………………………………of
Postal address …………………………………………………………………………….
Email……………………………Phone No……………………………………………
Hereby apply for the registration of the Unit under the above reference;
Nationality………………………………………………………………………………
Unit number……………………………….and (Number of shares in common area)
Description of Property: Plot No.……Block …..Location…….…Title No….…
Approximate value of existing or planned building ……………………………
Registered Proprietor ……………………………………………………………..
Tenure: Right of Occupancy/Lease ……………………………………………..
Signature of the applicant(s) or agent(s) …………………………………………
*Attach two copies of a unit plan

* Application to conform to requirements of Regulation 9.
_________
FIFTH SCHEDULE
_______
UTF No. 5
CERTIFICATE OF UNIT TITLE (RIGHT OF OCCUPANCY)
THIS IS TO CERTIFY THAT …………………………………………………….......

………………………………………………………………………………………………………………………………
……………………………………………………………… (Name and address(s))
is (are) now registered as the unit owner (s) of the title interest referred to, subject to agreements
and other matters contained in the registered title, and to such encumbrances, covenants and
conditions hereinafter set out and as may for the time being subsist and affect the land comprised
in the right of Occupancy, Plot No. …………..Block……………………….location………………Title
No……………………….
Unit Title Number…………………………………………………………………………………
Unit Number………………………and……………………..number of shares in the common

property herein
Approximate Floor Area……………………………………..m2
Unit Plan Number…………….owner………..term…………..years……………….from…………
Dated this……………….day of………………………20…….
54
………………………………………..
Registrar of Titles
SIXTH SCHEDULE
Made under Regulation 7(1)
UTF No. 6
APPLICATION FOR REGISTRATION OF SUBDIVISION/AMALGAMATION
Unit Title No……….
I/We………………………………………………………………………………..of Postal
Address……………………E-mail………………………Telephone…………
Hereby apply for the amalgamation/subdivision of the units registered under the above reference,
dated this…………………………………..day of ……………………………20……………….
………………………….. Signature of Applicant(s)
55
_______
SEVENTH SCHEDULE
_______
UTF No. 7
CERTIFICATE OF CONSENT OF LOCAL GOVERNMENT AUTHORITY FOR

SUBDIVISION/AMALGAMATION
Unit Title No………..
To: Registrar of Titles
This is to certify that, the proposed subdivision/amalgamation of the structure submitted by
………………………………….. (insert name of registered proprietor) as shown on the Unit Plan in

respect
of the building(s) situated on Plot No………………...Block……………….Location………….Title
No……………….has been approved by…………………………………..(insert name of local authority)

in accordance with the Unit Titles Act, 2008.
City/Municipal/District/Township Director
Date:……………………..
56
_________
EIGHTH SCHEDULE
_________
_________
UTF No. 8
UNIT TITLES ACT 2008
APPLICATION FOR CHANGE OF THE USE OF UNIT
Unit Title No………..

To: The Registrar of Titles
I/We………………………………………………………………………………… of Postal address………….

……… E-mail…………………… Telephone…………………….
HEREBY apply for registration for change of use of the units registered under the above,
reference, dated this ……………………………. Day of ……………………………….20
…………………………….
Applicant’s
Signature
57
_________
NINETH SCHEDULE
_________
_________
UTF No. 9A
CERTIFICATE OF CONSENT OF CHANGE OF USE FROM ASSOCIATION
This is to certify that, the proposed change of use of the structure submitted by
……………………………………..… (insert name of registered proprietor) as shown on the Unit plan in
respect of the building situated at Plot No………… Block……….. Unit Title No…………..…..Location
……………… has been approved by……………………………..…………….. (on behalf of the association
) in accordance with the Unit Title Act, 2008.
Sealed with the common seal of the …………………………………..

(Name of the association) in the presence of us
this …………day of …………….. 20…..
…………………………………………..
Committee Member
…………...…………………………
Chairman of the committee
CERTIFICATE OF CONSENT OF CHANGE OF USE FROM

LOCAL GOVERNMENT AUTHORITY
UTF No.9B
To: The registrar of Titles
This is to certify that, the proposed Change of Use of the structure submitted by
………………………………………..(insert name of registered proprietor) as shown on the Unit Plan in

respect of the building(s) situated on Plot
No……………………Block………………..Location…………….Unit
Title No……………………..has been approved by…………………………..(name of the Local Authority)
in accordance with the Unit Titles Act, 2008.
…………………………………..
City/Municipal/District/Township Director
_________
TENTH SCHEDULE
_________
UTF No. 10A
A. CERTIFICATE OF REGISTERED LAND SURVEYOR
Title No……
I certify that:-
58
All the works performed in the field and in the office by my assistant,
……………………………………..….. (Name of the assistant) has been carried out under my personal
direction, and I take full responsibility for all the work as performed.
OR
I, in person, made, and on the……………….day of………….completed the survey represented by
this plan, on which are written the bearings and lengths of the lines surveyed by me, and that the
survey has been executed in accordance with the existing Regulations and with the approved
Town Planning Scheme.
The survey was performed between the dates of……………………and………………… and that this
plan is true and correct, and is prepared in accordance with provisions of the Unit Titles Act,
2008.
The building(s) situated on the plot(s) that is (are) the subject of this plan is (are) wholly within the
external boundaries of the plot (in case of encroachment, this statement will be varied
accordingly); and
The units shown on this plan are the same as those existing at the time of the survey.
Practicing Certificate Number………………………
Signature of Registered Surveyor
UTF No. 10B

THE UNIT TITLES ACT, 2008
B. CERTIFICATE FROM A LOCAL GOVERNMENT AUTHORITY
This is to certify that the proposed division of the structure submitted by ………………………………
(Insert name of registered proprietor) as shown on the Unit plan in respect of the building situated
at Plot……….Block……….Title No……..has been approved by………….. (Insert name of local
authority) in accordance with the Unit Title Act, 2008.
……………………………….
City/Municipal Director
Date:……………………………….
UTF NO. 10C
C. CERTIFICATE OF REGISTERED ARCHITECT

This is to certify that the unit plan in the respect of the building situated at
Plot No………. Block…………Location………………Unit Title No…………as per attached sheet No. 1
to ………. was prepared and supervised by a Registered Architect.
Dated this………. Day of ………..20………

………………
……………………………. Signature
Registered Architect
Practicing Certificate Number ……………………
59
UTF NO 11
_______
TWELVETH SCHEDULE
_________
_______
THE UNITED REPUBLIC OF TANZANIA

(NO. 16 OF 2008)
APPLICATION FOR REGISTRATION OF AN ASSOCIATION
UNIT TITLE NO. ……………………

UNIT PLAN NO. …..………………

I/WE…………. ASSOCIATION of P.O. Box…………………………………………. HEREBY apply to be
registered as an Association in accordance with Section 35 of the Unit Titles Act and Regulation
13(7) of the said Act.
Name…………………………………………
Signature …………………………………….
Qualification …………………………………
60
________
THIRTEENTH SCHEDULE
______
_______
UTF NO 12
THE UNITED REPUBLIC OF TANZANIA
(NO. 16 OF 2008)
CERTIFICATE OF REGISTRATION OF AN ASSOCIATION
UNIT TITLE NO. ….…………………

UNIT PLAN NO. ……………………
ASSOCIATION NO. ….……………
I HEREBY certify that …………… ASSOCIATION is this day registered as an association in

accordance with Section 35 of the Unit Titles Act
Given under my hand and seal at………………………….this………………….day

of……………………….two thousand and………………………
Registrar of Titles
61

Unit Title's Administration

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UNIT TITLES PROPERTIES ADMINISTRATION HANDBOOK

1.0 Introduction (section 5)

1.1 Handbook Overview

1.2 Essentials in a Unit Property

1.3.1 Unit Plan

1.3 4 Unit Title Property

1.3 5 Unit Title Documents

1.3 6 Common Properties

1.3.7 Unit Owners Association

2.1 Steps in developing a unit title property

2.1.1 Checklist of tasks

2.2 Application for Subdivision/Amalgamation (S 12(1))

2.2.1 Checklist of Documents

2.3 Application for Change of Use of a Unit (S 13(1)) of UTA

2.3.1 Checklist of Documents

2.4 Application for Disposition (Ss. 28, 29, 30) of UTA

2.5 Disposition Documents

3.0 Registrar of Titles

3.1 Register of Units

3.2 Mandate of the Registrar of Titles

3.3 Registration by the Registrar of Titles

B.1 Checklist of Documents requirements for registration of a Unit plan

B.2 Checklist of Tasks

C.1 Checklist of Documents

C.2 Checklist of Tasks

D.1 Checklist of Documents

D.2 Checklist of Tasks

E. Application for Change of Use (S. 13 and Reg.8 (1))

E.1 Checklist of Documents

E.2 Checklist of Tasks

F. Application for Subdivision / Amalgamation (S. 12, Reg. 7)

F.1 Checklist of Documents

F.2 Checklist of Tasks

G. Registration of Transfers of Common Property

G.1 Checklist of Documents

G.2 Checklist of Tasks

2. The Registrar of Titles must consider the circumstances meriting termination;

3.4.1 Checklist of Documents

3.4.2 Checklist of Tasks

4.0 Intermediary Roles

4.2 Land Surveyors

4.3 Lawyers / Conveyancers

4.4 Estate Managers

4.6 Disposition (S.28 (1))

4.6.1 Sale by Developer

4.6.2 Sale by a co-owner

4.6.3 Leasing of the Unit

4.6.4 Mortgage of a Unit

5.0 Buyer’s Rights and Obligations

iv. He is also entitled to such appurtenant rights /ancillary easements as:-

(a) Support, shelter and protection,

c) To provide current financial statements of the Association on request; and

i. conveying or encumbering any of the common areas, and

ii. termination of the co-ownership, or pledge or assignment of the future

A. Obligations and Liabilities

(x) Aerials, Antennas, and Broadcasting/ Receiving Devices

5.1 Buyer’s Checklist

5.2 Flow Chart on Unit Buyer’s Tasks

Official Search Report

6.1 Owners’ Association