Subdivision of land in Zimbabwe

The subdivision of property in Zimbabwe is primarily done to create smaller, more manageable and economically viable land parcels, facilitating land redistribution, increasing land value, and providing flexibility for development or sale. The process of dividing a larger piece of land into smaller residential or commercial plots, typically done on land larger than 5,000 square meters in Zimbabwe.

The subdivision of land in Zimbabwe is regulated by Part VI of the Regional, Town and Country Planning Act [Chapter 29:12] and it requires a specific permit as stated in Section 39 of the Regional, Town and Country Planning Act [Chapter 29:12].

The Supreme Court in Hativagone & Another v CAG Farms (Pvt) Ltd & Another 2015 (2) ZLR 141 (S) held that:

“The subdivision of land is not a matter of form, it is one of substance. Once the appellants obtained a subdivision permit in respect of the farm, the mex as it originally stood and offered to the respondent had ceased to exist. The principle lex non cogit ad impossibilia states that specific performance should never be ordered if compliance with the order would be impossible, as it would be here.”

Subdividing your property has a lot of benefits and these include;

Economic viability

Land redistribution

Development flexibility

To subdivide your property, you need the following:

A valid title deed

Subdivision permit

Compliance with the zoning regulations

Necessary infrastructure development plans

Environmental impact assessments (were required)

Payment of fees and levies

All this must are subject to approval by the relevant council or authority.

It requires strict compliance with the rules and can consume time.

The process might be restricted by neighbourhood covenants and deed restrictions

Lack of proper documentation needed might delay or stop the approval to subdivide

The process requires high cost and has a lot of financial risks

The process may raise legal disputes and title issue which might be problematic and delay the whole process.

The common zoning issues in Zimbabwe include; non compliance and illegal developments, outdated and inflexible legislation which is incompatible with the developing property issues. Other issues include uncontrolled urban growth and informality and political and institutional constrains.