A cabinet meeting earlier this month, April 9, approved seven ordinances that will guide the implementation of the new land law.
With more than 25 ordinances needed to implement the new land legislation, the recent cabinet approved seven.
Below are seven ordinances to help implement the new land law.
Order of the Prime Minister governing registrars of land titles
In relation to the current Presidential Order No. 008/01 of 05/10/2016 determining the functioning and attributions of the Registrar of Land Titles (currently repealed), a Deputy Chief Registrar of Land Titles and the Head of the Department of ‘Land Registry are both instituted as registrars.
This means the number of Land Titles Registrars has increased from six to eight.
Ministerial decree relating to land registration
The decree determines the terms of land registration, the terms of cancellation of land registration and the format of the cadastre.
The order stipulates that unregistered land will be provisionally registered as state land in his private domain until the holder provides proof of his rights to the land.
Use of state land by state bodies
This ordinance contains the rights for a state body to use state lands, enjoy its proceeds, lease the property therein, and co-manage state lands.
It also contains obligations of state bodies to effectively and efficiently exploit the lands under their possession and to provide a report accordingly.
The decree recalls that the Ministry in charge of the domains ensures the overall management of the domanial domain and is the competent body to grant to the organs of the State the rights of use of the domanial domains and to authorize the transfer of these rights between them.
Ministerial decree determining the terms and conditions for the subletting of land
Subletting is the leasing of real estate by a tenant to a sub-tenant.
This order determines the terms and conditions for the subletting of land intended for agricultural, livestock and forestry activities.
It details the elements of a sublease agreement to guide the contractors, the sub-lessor and the sub-tenant.
For example, the parties to the sublease are required to agree on the activities to be carried out on the subleased land and will comply with the land use consolidation.
Termination of the sublease may occur at the initiative of one of the contracting parties or by default resulting from the sub-tenant.
Ministerial Order Governing Land Commissions
This decree determines the organization, the functioning, the attributions and the members of the land commissions.
The land committee is made up of five members, at least two of whom are women, and their terms of office have been extended from three to five years.
District, sector, cell and village land committees are responsible for monitoring land management and use.
This decree stipulates that a landowner must not refuse the passage of a neighbor leading to his parcels, not block the water which naturally flows on his land and not deny other people access to water from a well located on his land.
The landowner passes a right of way if people need a trail to get to the river or lake, when there is no other option.
A person who wishes a right of way makes the request, in writing, to the landowner, with a copy to the authority of the Cell where the land is located.
The authority of the Cell takes decisions and informs the landowner.
Ordering on other infrastructures intended for commercial purposes
The current article 12 of the new land law listed commercial infrastructure, but this order determines additional infrastructure, including transport and telecommunications infrastructure, water treatment, storage and supply infrastructure, the energy reserve and strategic and warehouses, waste treatment, sanitation and recycling infrastructure. as weather and space monitoring infrastructures.
The Presidential Order establishing the National Land Use and Development Master Plan was published in April 2021 and has been revised by the recently approved Presidential Order to align it with the new land law.
The new land law was published in the Official Gazette of the Republic of Rwanda in June 2021 and decrees are planned for its effective implementation.