Policy and legislation is critical for guiding and enabling housing development and investment activities. Setting the rules and codifying state expectations, the legal and policy framework creates certainty around which investors can then more accurately quantify their risk and potential returns.
A number of African countries have made notable progress in strengthening and expanding the legal framework for the housing and housing finance sectors in their countries. Sixteen governments passed legislation supportive of local housing sectors in 2020/2021. As part of the research process for the 2021 Housing Finance in Africa Yearbook, CAHF has compiled a list of housing-related legislation in African countries which has been passed or enacted in the most recent years, 2020 and 2021. Further details on the legal and policy framework can be found in each of the country profiles contained in the 2021 Yearbook.
The following table lists the new policies which were enacted and the new laws which were promulgated in a number of African countries over the past few years.
|Decree 142-08 Amendment (2020)
|The amendment sets the rules for access to public rental housing, revises the criteria and gives greater importance to the social situation instead of the monthly salary.
|The Property Tax Code (2020)
|The new Property Tax Code, among other new additions, has a broader scope and covers both urban and rural properties.
|Law No. 2021-02 (2021)
|It is an amendment to Law No. 2018-12, and it formalises the activity of Real Estate agents.
|The Financial Intelligence Act No. 11 (2019)
|The Financial Intelligence Act No. 11 of 2019 was passed to steer Botswana toward combatting financial crimes, in particular money laundering and financing of terrorism.
|Cote d’ Ivoire
|Construction and Housing Code (2020)
|Some of the features address data collection, with reporting obligation from key stakeholders, the regulation of real estate agencies and real estate agents, the prohibiting of some construction material, and a new definition of co-ownership.
|Legislative amendments (2020).
|Amendments on the regulation of medium, small and micro enterprise financing. The amendments include increasing the maximum amount granted to each microfinance project to E£200 000 (US$12 740).
|The Real Estate Agency Act (2020)
|The Real Estate Agency Act (Act 1047) passed in 2020 will regulate real estate agency practice in the country.
The Land Act 2020 (Act 1036) consolidates and harmonises land-related laws in the country to improve land administration and tenure security.
|Kenya Sectional Properties Act 2020
|It is expected to boost the development of multi-dwellings, such as apartment blocks, where buyers will now have title to their respective units.
|Malawi 2063 (MW2063) Agenda (2021)
|The MW2063 recognises that land-related laws are key factors in realising the vision. Ten land laws are currently under review.
|Real Estate Agent Authority Act (2020)
|The Act provides for the establishment of a Real Estate Agent Authority which would assist in offering enhanced protection to all parties involved in real estate transactions.
|Sale of State Land and Land Bank Policy (2018)
Property Exchange Policy (2020)
|Aimed at making the process of land management more sustainable and the application process more transparent.
The policy seeks to streamline and formalise the processes and procedures to undertake property exchanges (both private and publicly owned property).
|The Interim Protocol on Land Distribution for Housing to Eligible Refugee-Returnees and Internally Displaced Persons (2019)
|The Interim Protocol on Land Distribution for Housing to Eligible Refugee-Returnees and Internally Displaced Persons was implemented to address the crisis around forced migration.
|The Expropriation of Land Bill (2021)
|The Expropriation of Land Bill (2021) is meant to amend Section 25 of the Constitution to allow the expropriation of land without compensation.
The Upgrading of Land Tenure Rights Amendment Act (2021) seeks to covert land tenure rights of previously disadvantaged persons.
The Property Practitioners Act stipulates that property practitioners can only be paid once the property transfer has been registered at the Deeds Office among other stipulations.
|The financial Inclusion Framework (2018-2022)
|The framework is aimed at driving the availability of financial products and services in a way that ensures the resilience of low-income households.
|Town Planning and Construction Code (2020)
|Drawn up in 2020 but not yet adopted, it should set the rules for development and urban planning and land use, as well as construction in Togo.
|Bill No. 104 on Economic Recovery and the Settlement of Foreign Exchange Offences (2020)
|This legislation sets the interest rate ceiling for housing at 3%. Repayment will be made over a maximum period of 40 years, with no self-financing requirement for first housing.
|National Housing Policy (2020-2024)
|The policy vision is to “affordable and decent housing for all”.
The policy seeks to achieve a transparent land administration and management system for inclusive sustainable development by the year 2035.
The original version of this list is found on pg. 13 of the 2021 Housing Finance in Africa Yearbook. In addition, CAHF maintains a database of housing-related policy and legislation in Africa which is available on CAHF’s website here. Information on earlier housing-related laws and policies can be found here.Dashboard of Housing-Related Policies and Legislation in Africa