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Spotlight on Urban Land Markets: how government regulation can unlock access to land and housing Mark Napier Financing Low Cost Housing Africa Nairobi 27-29 March 2012 outlining the challenge The state of African Cities 2008 UN Habitat


  1. Spotlight on Urban Land Markets: how government regulation can unlock access to land and housing Mark Napier Financing Low Cost Housing Africa Nairobi 27-29 March 2012

  2. outlining the challenge

  3. The state of African Cities 2008 UN Habitat

  4. What do land markets look like?

  5. Players in the land market

  6. Findings of SoACR 2010 • Operation of market deeply embedded in historically- based legal systems, customary/ neo-customary practice, and the state of the economy • Attempts to reform the system often ignore customary and informal social contracts around land and land use • And try to impose and overlay a modern system despite the realities on the ground • This creates a two-speed market

  7. • The ‘formal’ and ‘informal’ markets, if looked at through an economic lens, are part of one market • Despite the fact that the state does not formally register transactions in the ‘informal’ market, local practices of recognition are considered legitimate by the users • In many places people feel relatively secure even if they do not have a formal title

  8. • The privatisation of land is happening alongside burgeoning informalization which are becoming the dominant systems • The spatial outcome is sprawl and vulnerable settlements • Commodification of land and scarcity of development land cause land values to increase rapidly • Costs of conforming to the formal system are prohibitive (time, development charges, informal rent seeking) leading to major barriers to entry for actors operating in the informal system

  9. how regulatory change can unlock the land market

  10. State interventions are particularly justified when markets fail to provide for the needs of poorer people. From a development perspective, formal urban land markets are unable to cater effectively for the needs of poor people in urban settings, and government interventions are needed to provide basic goods such as housing, water and essential services. To ameliorate social inequalities, the state can: • Recognize land rights of urban residents; • Lower legal, administrative, operational and financial barriers to entry for marginalised populations; • Harness the power of the private sector to provide goods and services to poor people on a sustainable basis; and • Mitigate asymmetries in the market by providing reasonable access to information and to real options for land and housing to all income groups.

  11. a) recognize land rights

  12. a) recognize land rights

  13. a) recognizing Johannesburg land rights

  14. b) open up the delivery pipeline

  15. b) open up the delivery pipeline Flowchart of the procedure for allocation of land plot for business use (Nizhny Novgorod) Approving authority Document Issuing Authority Application to the Department of Economy and Committee for land resources and land use planning Planning Construction Passport Department of Economy and Preliminary technical specifications for Department of Economy and Planning Planning preliminary approval of project design and connection to engineering infrastructure Preliminary lease contact Head of Municipal Administration Head Directorate for Sketch of the location of the structure Architecture and City Planning Project cost estimate Head Directorate for Architecture and City Planning Draft of the Approval of the Local Administration Head for the construction/reconstruction permit Sanitary-Epidemiological Inspection Head of Municipal Lease agreement for the land plot for the period Administration of construction/reconstruction Registration of the land lease contract in the State Fire Inspection Book of Land Registry Committee for land resources and land use Draft of the Approval of the Local Administration planning Head for the Leasing contract on the Lease of land plot State Judicial Committee Obtaining of the proof of lease and the lease 18 Total time: 273 days contract (a.k.a. registration of the lease in the Source: FIAS Book of Land Registry)

  16. c) incentivise the private sector through public investment and partnerships • value creation, capture and re-investment • mechanisms: – incentive zoning – inclusionary zoning – air rights – land banking – joint development agreements – betterment tax – business improvement tax – development charges

  17. c) Fruitvale Transit Village, Oakland California

  18. d) stimulate access to market information www.alhdc.org.za

  19. e) facilitate competitive bidding

  20. defensible space in EThekwini

  21. defensible space in EThekwini

  22. defensible space in EThekwini

  23. f) access to finance FINANCE LAND HOUSING

  24. Access to space economy [wealth creation] More people have access to better land with secure tenure Access to urban land Functional land market access to appropriate finance – right to trade (information, institutions, finance) efficient city form & settlement design efficient construction sector Functional land governance (mapping, planning, management, administration, valuation) viable municipalities Property rights – right to hold & trade (tenure) Human rights – right to access (land, shelter, city) Physical urban geography

  25. take home point The state can unlock access to land and housing … by understanding markets better, by working in favour of the most vulnerable, and by working with the private sector and civil society

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