The Unit Titles Act

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CHAPTER 416
THE UNIT TITLES ACT
[PRINCIPAL LEGISLATIONS]
Arrangement of Sections
Section Title
PART I
PRELIMINARY PROVISIONS
1. Short title.
2. Application.
3. Interpretation.
PART II
CREATION AND REGISTRATION OF UNITS
4. Creation of units.
5. Description of unit property.
6. Fractional shares.
7. Procurement of planning consent.
8. Registration of units.
9. Entering of separate interest of units in Register.
10. Common property.
11. Recording of units and issuance of certificate of title.
12. Subdivision of units.
13. Change of use of units.
14. Unit plan to conform to certain requirements.
15. Unit plan to be accompanied by certificates.
16. Boundaries of units.
17. Conversion of premises to units.
18. Copies of unit plan for assessing taxes, rate, etc.
PART III
PROPRIETARY RIGHTS AND OBLIGATIONS OF CO-OWNERS
19. By-laws.
20. Rights and obligations of co-owners.
21. Incidental rights of owners of common property.
22. Easements in favour of unit owner.
23. Implied easements, ancillary, rights and obligations.

.
21. Incidental rights of owners of common property.
22. Easements in favour of unit owner.
23. Implied easements, ancillary, rights and obligations.

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THE UNIT TITLES ACT [CAP. 416 R.E. 2023]
24. Exclusive use of areas. 25. Covenants benefiting common property. 26. Procedure for granting restrictive covenant. 27. Liability of unit owner. PART IV
DISPOSITION
28. Disposition. 29. Sale of units by developer. 30. Sale by unit owner or chargee. 31. Lease of units by owner. 32. Inheritance. 33. Mortgage. 34. Protection of mortgagee. PART V
MANAGEMENT OF THE UNIT PROPERTY
35. Establishment of Association. 36. Legal status of association. 37. Developer to provide documents to association. 38. Representation of members of association. 39. Company owned units and authorisation of representatives. 40. Functions of association. 41. Management and investment of moneys of association. 42. Dealings affecting common property. 43. Registration of transfers of common property. 44. Voting rights. 45. Voting where owner of unit is incapable. 46. Meetings of association. 47. Formation of management committee. 48. Annual general meeting. 49. Appointment of managing agent. 50. By-laws of association. 51.

of association. 47. Formation of management committee. 48. Annual general meeting. 49. Appointment of managing agent. 50. By-laws of association. 51.

Establishment of association register. 52. Information for inclusion in association register. 53. Access to association register. 54. Disclosure of information. 55. Service of documents. 56. Change of address for service. 57. Borrowing powers.

53. Access to association register. 54. Disclosure of information. 55. Service of documents. 56. Change of address for service. 57. Borrowing powers.

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THE UNIT TITLES ACT [CAP. 416 R.E. 2023]
58. General funds.
59. Contributions to general funds.
60. Sinking funds.
61. Annual payments in sinking funds.
62. Discount and interest on amounts owing.
63. Recovery of amounts owing.
64. Liability of co-owners.
65. Habitual offenders.
66. Offences and penalties.
PART VI
DISPUTE RESOLUTIONS
67. Dispute resolutions.
68. Suits for and against association.
69. Mediation.
70. Litigation.
71. Appointment of administrator.
PART VII
TERMINATION OF THE UNIT STATUS
72. Application to terminate unit status.
73. Dissolution of association.
74. Application for disposition of assets.
75. Notice of termination of unit status.
76. Transfers of part of common property.
77. New plan required.
78. Registration of transfers.
79. Winding-up order.
PART VIII
GENERAL PROVISIONS
80. Taxes, rates, charges, etc.
81. Insurance of common property.
82. Transformation of existing houses.
83. Regulations.

PART VIII
GENERAL PROVISIONS
80. Taxes, rates, charges, etc.
81. Insurance of common property.
82. Transformation of existing houses.
83. Regulations.

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PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Unit Titles Act. 2. This Act shall apply to Mainland Tanzania. 3.

permission of OAG.398
PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Unit Titles Act. 2. This Act shall apply to Mainland Tanzania. 3.

In this Act, unless the context otherwise requires-
“administrator” means an Administrator referred to under
section 71;
“association” means an association established under section
35;
“cluster” 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 whole or a portion of property
that is owned by all owners for their common use before
Short title
Application
Interpretation
CHAPTER 416
THE UNIT TITLES ACT
An Act to provide for the management of the division of buildings into
units, clusters, blocks and sections owned individually of co-owned
and use of designated areas; to provide for issuance of certificate of unit
titles for the individual ownership of the units, clusters or sections of
the building, management and resolution of disputes arising from the
use of common property; to provide for use of common property by
occupiers other than owners and to provide for related matters. [1st May, 2009]
[GN. No. 107 of 2009]
Acts Nos. 16 of 2008
2 of 2010

ommon property by
occupiers other than owners and to provide for related matters. [1st May, 2009]
[GN. No. 107 of 2009]
Acts Nos. 16 of 2008
2 of 2010

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THE UNIT TITLES ACT [CAP. 416 R.E.

Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.399
THE UNIT TITLES ACT [CAP. 416 R.E.

2023]
or after a units plan is registered, and common area shall
have the same meaning;
“co-owners” means owners of units of real property in which
certain parts of the property are owned in common;
“developer” means a person who on the date the application
is made to the Registrar for registration of units plan is
registered in the Register as 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;
“managing agent” means an agent referred to under
section 49;
“Minister” means the Minister responsible for housing
matters;
“owner” means an owner of a unit registered under units
plan in accordance with this Act;
“phased unit plan” means a unit plan registered in successive
phases under section 5;
“property” means a unit property as provided for under this
Act;
“Register” means a register referred under section 8, 9
and 51;
“Registrar” means a Registrar of titles as defined under the
Land Registration Act;
“special resolution” means a resolution of an association
passed by a majority of the members of the association;
“unit factor” means a proportional share of a common area
as determined by the ownership of individual units in the
unit property;
“unit plan” means a plan referred to under section 4(2);
“unit title” shall have a meaning ascribed to it under
section 5(1);
“unit” means a portion of property which is owned by a
specific owner or co-owned for exclusive use by owners.

ning ascribed to it under
section 5(1);
“unit” means a portion of property which is owned by a
specific owner or co-owned for exclusive use by owners.

Cap. 334

Cap. 334

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THE UNIT TITLES ACT [CAP. 416 R.E. 2023]
PART II
CREATION AND REGISTRATION OF UNITS
4.–(1) Unit property shall be created when certain units of real
property are owned by co-owners for their exclusive use and
certain portions of the same property are held in co-ownership
for common use. (2) A proprietor or developer of an existing or planned
building may divide the building into two or more units by
registering a unit plan to the Registrar in accordance with this
Act. (3) The unit plan shall be presented for registration in
quadruplicate and shall indicate the number of units into
which the building is divided. (4) The developer in depositing a unit plan with the Registrar
under subsection (2) may indicate whether unit plan shall be
developed at once or in successive phases. (5) Where the developer deposits a phased unit plan in
accordance with subsections (2) and (4), he shall indicate a
time-table for the development of the various phases.

oper deposits a phased unit plan in
accordance with subsections (2) and (4), he shall indicate a
time-table for the development of the various phases.

5.–(1) For the purpose of this Act, a unit property shall include
a single building or several buildings comprising of sections of
unified site together with the land on which they are located
and real rights existing in their favour. (2) The unit property may be in the form of high rise
structures or in rows or terraces, or in buildings in a cluster
form. 6.–(1) Ownership of the common areas of the property shall
be divided into fractions belonging to one or several co-
owners, and every co-owner shall hold an undivided right of
ownership in the common areas equal to the relative size of his
fractional share. (2) The relative size of each of the fractional shares with
reference to the aggregate of the fractional shares shall
Creation of units
Description of
unit property
Fractional shares

the fractional shares with
reference to the aggregate of the fractional shares shall
Creation of units
Description of
unit property
Fractional shares

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THE UNIT TITLES ACT [CAP. 416 R.E. 2023]
be determined as the quotient of the physical area of the
co-owner’s unit divided by the aggregate physical area of units
of the property and the sum of fractional share shall equal one
after rounding for minor discrepancies. (3) The common areas of the property shall include-
(a) 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;
(b) common equipment and apparatus, such as the central
heating and air-conditioning systems and the piping
and wiring; and
(c) 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.

tions 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.

(4) Each unit of the property shall constitute a distinct
object of real property and may be alienated by the owner
in whole or in part, and these shall include, in each case,
the fractional share appurtenant to the unit, as well as the
right to use the appurtenant restricted common areas, where
applicable. (5) The fractional share appurtenant to a unit may not be-
(a) alienated separately from the unit or be the object of an
action in partition; and
(b) distinct objects real property for the purposes of real
property assessment and taxation. (6) Alienation of a divided section of a unit shall have no
legal effect unless the by-law of co-ownership and the plan of
the property have been altered prior to the alienation so as
to create a new fractional share, describe it, give it a separate
property number and record the alterations made to the
boundaries between contiguous units. (7) The by-laws regarding the common areas shall also
apply to common areas for restricted use.

tions made to the
boundaries between contiguous units. (7) The by-laws regarding the common areas shall also
apply to common areas for restricted use.

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THE UNIT TITLES ACT [CAP. 416 R.E. 2023]
7. A developer or proprietor for a unit development shall
procure planning and building permit consent from
appropriate local government authority as provided for under
Part IV of the Urban Planning Act. 8.–(1) The Registrar shall, upon an application for registration
of a unit plan where appropriate-
(a) close the part of the Register relating to the common
property described in the plan; and
(b) open a separate part for each unit described in the plan,
and shall upon the payment of the prescribed fee, issue
a certificate of title in respect of the unit. 9.–(1) The provisions of the Land Registration Act relating to
registration techniques, procedures and practices shall, unless
otherwise provided in this Act, apply to the registration of land
dealing with units under this Act. (2) A certificate of title issued in respect of a unit comprised
in a unit plan registered under this Act shall, upon registration
of the plan, be deemed to have been issued under the Land
Registration Act.

omprised
in a unit plan registered under this Act shall, upon registration
of the plan, be deemed to have been issued under the Land
Registration Act.

(3) A proprietor of a unit in respect of which part of the
Register is opened under this section may, subject to this Act,
sell, transfer, lease, charge, or otherwise deal with that unit
in the same manner and form as land held under the Land
Registration Act. (4) Each common property included in a unit plan pursuant
to which titles have been issued shall be held by the unit owners
as tenants in common, in shares proportional to the fractional
shares of their respective units. (5) A share in the common property mentioned in
subsection (1) shall be shown on any title issued, in accordance
with the Land Registration Act. (6) Except as provided for in this Act, a share in the common
property shall not be disposed of or become subject to any
charge unless it belongs to the unit of an owner. Procurement of
planning consent
Cap. 355
Registration of
units
Entering of
separate interest
of units in
Register
Cap. 334
Cap. 334
Cap. 334
Cap. 334

Procurement of
planning consent
Cap. 355
Registration of
units
Entering of
separate interest
of units in
Register
Cap. 334
Cap. 334
Cap. 334
Cap. 334

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THE UNIT TITLES ACT [CAP. 416 R.E. 2023]
(7) Subject to subsection (6), any disposition of, or charge
on a unit shall operate to dispose of, or charge the share in the
common property without express reference to it. 10.–(1) Any interests affecting the common properties which
were entered on the part of the Register closed under section
8 shall be endorsed on the parts opened under the section
and on the certificates of title issued under that section to the
extent of the unit factor. (2) Any interest affecting a unit comprised in a unit plan
registered under section 8 but not endorsed on a separate
part of the Register shall be endorsed on a separate part of
the Register of the unit opened under section 8 and on the
certificate of title issued in respect of that unit. 11.–(1) The Registrar shall, upon opening a separate part of
the Register for a unit under section 8, record in that part the
unit factor, and shall record the unit factor on the certificate of
title issued in respect of the unit.

unit under section 8, record in that part the
unit factor, and shall record the unit factor on the certificate of
title issued in respect of the unit.

(2) The common property comprised in a registered unit
plan shall be held by the owners of all the units as co-owners in
shares proportional to the unit factor for their respective units. (3) Subsection (2) of this section shall apply as if there were
different owners for each of the units where, prior to the sale,
the developer is the owner of all the units. (4) A share in the common property shall not, subject to
this Act, be disposed of or become subject to a charge except
as appurtenant to the unit of an owner. 12.–(1) A proprietor of a unit may, in accordance with this
Act, and with the approval of a local authority, where the
proposed changes may have major impact to the co-owners
or neighbourhood, subdivide or consolidate his unit by
registering with the Registrar a unit plan relating to the unit
intended to be subdivided or consolidated. Common
property
Recording
of units and
issuance of
certificate of title
Subdivision of
units

ng to the unit
intended to be subdivided or consolidated. Common
property
Recording
of units and
issuance of
certificate of title
Subdivision of
units

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THE UNIT TITLES ACT [CAP. 416 R.E. 2023]
(2) Except as provided in this section, the provisions of
this Act relating to unit plans shall apply with all necessary
modifications to a sub-division or consolidation of units. (3) A unit comprised in a unit plan of sub-division or
consolidation shall, upon the registration of a unit plan of sub-
division or consolidation, be subject to the burden and have
the benefit of any easements that affect units in the original
unit plan. (4) There shall be indicated in the schedule accompanying
a unit plan of subdivision or consolidation, the apportionment
among the units and the unit factor for the unit or units in the
original unit plan. (5) The Registrar shall, before accepting to register a
proposed unit plan of subdivision or consolidation, amend the
original unit plan in accordance with regulations made under
this Act.

ing to register a
proposed unit plan of subdivision or consolidation, amend the
original unit plan in accordance with regulations made under
this Act.

13.–(1) An owner of a unit shall not change the use of his unit
unless-
(a) the association has, by special approval, consented to
the change of use; and
(b) where it affects the proposed scheme, the planning and
local authorities have approved the change of use. (2) An owner of a unit shall, where the change of use of
a unit under this section results in modifications to the unit
plan, submit to the Registrar a modified unit plan. (3) The Registrar shall, on receipt of a modified unit plan
under subsection (2), append the unit plan as an annexure to
the unit plan of the unit property registered under section 8. 14.–(1) The Registrar shall not register a unit plan as a unit
plan unless-
(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;
Change of use of
units
Unit plan
to conform
to certain
requirements

aries of the common property
and the location of the building in relation to them;
Change of use of
units
Unit plan
to conform
to certain
requirements

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THE UNIT TITLES ACT [CAP. 416 R.E. 2023]
(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 is clearly shown
in the plan;
(f) the plan is 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
the common property;
(h) the plan is accompanied by the certificates referred to
under section 15;
(i) the plan is signed by the proprietor or developer;
(j) the plan contains the address at which documents are
to be served on the relevant association in accordance
with this Act; and
(k) the plan contains any other particulars prescribed by or
under regulations.

be served on the relevant association in accordance
with this Act; and
(k) the plan contains any other particulars prescribed by or
under regulations.

(2) In the case of a unit plan that includes residential
units, there shall be indicated in that plan, in addition to
conforming to the requirements specified in subsection (1)
and to the satisfaction of the Registrar, a delineation of the
boundaries of the areas that are to be leased under subsection
(3) of section 9. 15.–(1) A unit plan referred to in section 14 shall be
accompanied by-
(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
Unit plan to be
accompanied by
certificates

l boundaries, that an appropriate
easement has been granted as an appurtenance of the
common property; and
Unit plan to be
accompanied by
certificates

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THE UNIT TITLES ACT [CAP. 416 R.E. 2023]
(b) a certificate of a local 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. (2) In the case of a unit plan in respect of a building or
structure that is to be brought under the operation of the Act,
the plan shall, before it is registered, be accompanied by a
certificate of an architect registered under the relevant law, to
the effect that the units indicated in the plan correlate with the
existing structure.

rtificate of an architect registered under the relevant law, to
the effect that the units indicated in the plan correlate with the
existing structure.

(3) Where an application is made for a certificate under
subsection (1) (b), the local authority-
(a) may, in respect of a building or structure constructed
before the commencement of this Act, or for which a
building permit was issued prior to the commencement
of this Act, refuse to issue a certificate if the building or
structure does not conform with this Act; and
(b) shall, in respect of a building or structure for
which a building permit was issued on or after the
commencement of this Act, issue the certificate if it is
satisfied that the building or structure conforms with
any relevant law. 16.–(1) Unless otherwise provided in the unit plan-
(a) a boundary of a unit is described by reference to a floor,
wall or ceiling; or
(b) 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, paneling, gypsum concrete panels,
flooring 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.

nels,
flooring 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.

(2) Notwithstanding subsection (1), all doors and windows
of a unit shall be part of the unit unless otherwise provided in
the unit plan. Boundaries of
units

withstanding subsection (1), all doors and windows
of a unit shall be part of the unit unless otherwise provided in
the unit plan. Boundaries of
units

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THE UNIT TITLES ACT [CAP. 416 R.E. 2023]
17. Where a building contains premises that are-
(a) rented to a tenant who is not a party to a sale agreement;
and
(b) not included in a unit plan,
the owner of the premises or a person acting on his behalf
shall not sell the premises until the unit plan which includes
the premises registered in accordance with this Act. 18.–(1) An association shall, within twenty eight days after the
registration of a unit plan or amendment to the plan, furnish
a rating authority with two copies of the unit plan certified by
the Registrar;
(2) For purposes of assessing, levying or recovery of rate,
charges or taxation in relation to the property or a part of it,
the particulars shown on the certified copies of the unit plan
furnished under subsection (1), shall be conclusive proof of
the particulars.

rt of it,
the particulars shown on the certified copies of the unit plan
furnished under subsection (1), shall be conclusive proof of
the particulars.

PART III
PROPRIETARY RIGHTS AND
OBLIGATIONS OF CO-OWNERS
19.–(1) The by-laws of the association of co-owners, made
under section 50, shall contain by laws on the enjoyment, use
and upkeep of the private and common areas, including the
operation and administration of the co-ownership and dispute
settlement. (2) The by-laws under subsection (1) shall also deal with
the procedure of assessment and collection of contributions to
common expenses. 20.–(1) Subject to the provisions of this Act and the by-laws
made under this Part, each co-owner shall have a right-
(a) to use his unit and the common areas for his own needs
as well as for the needs of his family and household;
(b) without the approval of the association or any other co-
owner, to transfer his unit to any other person by sale,
Conversion of
premises to units
Copies of unit
plan for assessing
taxes, rate, etc. By-laws
Rights and
obligations of
co-owners

other person by sale,
Conversion of
premises to units
Copies of unit
plan for assessing
taxes, rate, etc. By-laws
Rights and
obligations of
co-owners

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THE UNIT TITLES ACT [CAP. 416 R.E. 2023]
lease, gift, bequest, devise, pledge or mortgage or any
other manner permitted by law;
(c) to participate in the management of the association in
accordance with the provisions of the by-laws;
(d) to elect and be elected to the Association’s Governing
Committees; and
(e) to have and exercise other rights that do not contradict
the provision of this Act and any other written law. (2) Each co-owner shall be obliged to-
(a) observe the by-laws; and
(b) contribute to costs of maintaining and operating the
property, including the contingency fund, in proportion
to his fractional share. (3) The co-owners who use common areas for restricted use
shall contribute to the costs resulting from those portions. (4) A co-owner shall not, in his unit, interfere with the
carrying out of work required for the conservation of the
property approved by the association or of urgent work.

not, in his unit, interfere with the
carrying out of work required for the conservation of the
property approved by the association or of urgent work.

(5) A co-owner who suffers prejudice by the carrying out
of work, through a permanent diminution in the value of his
unit, a grave disturbance or deterioration of enjoyment, even if
temporary, shall be entitled to compensation from-
(a) the association, if the association ordered the work; or
(b) the co-owners who did the work. 21.–(1) The owner of a common property and each unit
comprised in a registered unit plan shall have as appurtenant
to it, such rights of-
(a) support, shelter and protection;
(b) passage or provision of water, sewage, drainage, gas,
electricity, telecommunication, garbage and air; and
(c) any other service of whatever nature, 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. Incidental rights
of owners of
common property

structure on it as may be necessary
for the reasonable use or enjoyment of the common
property or unit. Incidental rights
of owners of
common property

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THE UNIT TITLES ACT [CAP. 416 R.E. 2023]
(2) The owner of a common property and each unit
comprised in a unit plan shall have as appurtenant to it-
(a) a right to full, free and uninterrupted access; and
(b) use of light through or from any windows, doors or other
apertures existing at the date of registration of the unit. (3) The rights created by this section shall carry with them
ancillary rights necessary to make them effective as if they
were easements. (4) This section shall not affect any common property other
than the common property to which the unit plan relates.

ective as if they
were easements. (4) This section shall not affect any common property other
than the common property to which the unit plan relates.

22.–(1) After the registration of a unit plan, there shall be
implied in favour of each unit shown on the plan and as
appurtenant of the unit-
(a) an easement of the subjacent and lateral support of the
unit by the common property and by other unit capable
of affording support;
(b) an easement for the shelter of the unit by the common
property and by other unit capable of affording shelter;
(c) for the passage or provision of water, sewerage, drainage,
gas, electricity, garbage, artificially heated or cooled
air and other services including telephone, radio and
television services through or by means of any pipes,
wires, cables or ducts for the time being existing within
the unit as appurtenant to the common property and
also to every other unit capable of enjoying those
easements; and
(d) any other such rights as provided for under the Land
Act. (2) Where an easement is implied by this section, the
owner of any utility service providing a service to the common
property or to any unit on it, shall be entitled to the benefit of
any of the easements which are appropriate to the provision of
the services, but not to the exclusion of the owner of any other
utility service.

it of
any of the easements which are appropriate to the provision of
the services, but not to the exclusion of the owner of any other
utility service.

Easements in
favour of unit
owner
Cap. 113

Easements in
favour of unit
owner
Cap. 113

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.410
THE UNIT TITLES ACT [CAP. 416 R.E. 2023]
23.–(1) Easements or restrictions to ancillary rights and
obligations to use implied or created by this Act or by by-laws
shall take effect and be enforceable without any memorial
notification on the parts of the Register constituting titles to
the dominant or servient tenements. (2) The ancillary rights and obligations reasonably necessary
to make easements effective shall apply in respect of easements
implied by this Act, including the right of an owner of a
dominant tenement to enter a servient tenement and replace,
renew or restore anything from which the dominant tenement
is entitled to benefit. 24. An association may, if its by-laws permit, grant a lease to
any owner permitting the owner exclusive use of a part of the
common property. 25. An association may, by a special resolution, accept a grant
of easement or a restrictive covenant benefiting the common
property. 26.–(1) An association may, by a special resolution, accept
a grant of easement or a restrictive covenant burdening the
common property.

mon
property. 26.–(1) An association may, by a special resolution, accept
a grant of easement or a restrictive covenant burdening the
common property.

(2) Where a special resolution has been passed and the
persons having registered interests have consented in writing,
the association shall execute the appropriate instrument to
grant the easement or covenant. (3) An instrument granting an easement or covenant
executed in accordance with subsection (2) and a receipt issued
by the association for the moneys paid shall be sufficient proof
of the validity of the transaction, receipt of the moneys and
discharge of all persons from taking any responsibility for the
application of the moneys expressed. (4) The Registrar shall not register an instrument granting
an easement or covenant authorised under this section unless
it is accompanied by copies of the resolution and consent
referred to in subsection (2). Implied
easements,
ancillary, rights
and obligations
Exclusive use of
areas
Covenants
benefiting
common property
Procedure
for granting
restrictive
covenant

d
easements,
ancillary, rights
and obligations
Exclusive use of
areas
Covenants
benefiting
common property
Procedure
for granting
restrictive
covenant

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.411
THE UNIT TITLES ACT [CAP. 416 R.E. 2023]
27. The owner of a unit shall be liable in respect of an interest
entered on the unit plan in proportion to the unit factor for
his unit. PART IV
DISPOSITION
28.–(1) Subject to the provisions regarding the dispositions
affecting land under the Land Act, each unit of the property
constitutes a distinct object of real property and may be the
subject of disposition by the owner in whole or in part. (2) The disposition under subsection (1) shall include sale,
mortgage, transfer, grant, partition, exchange, lease, 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.

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.

29.–(1) A developer shall not sell a unit or proposed unit
unless he has delivered to the purchaser a copy of-
(a) the sale agreement;
(b) the existing or proposed by-laws;
(c) the existing or proposed management agreement;
(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;
(g) any charge or proposed charge which may affect the tile
of the unit; and
(h) the unit plan. (2) A developer shall deliver to the purchaser in respect of a
charge or proposed charge, a written notice indicating-
(a) the maximum principal amount under the charge;
Liability of unit
owner
Disposition
Cap. 113
Sale of units by
developer

written notice indicating-
(a) the maximum principal amount under the charge;
Liability of unit
owner
Disposition
Cap. 113
Sale of units by
developer

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.412
THE UNIT TITLES ACT [CAP. 416 R.E. 2023]
(b) the maximum monthly payment, if any;
(c) the amortisation period;
(d) the grace period, if any;
(e) the pre-payments terms, if any; and
(f) the interest rate or the formula, if any, for determining
the interest rate. (3) Subject to subsection (4), a purchaser of a unit from a
developer may, without incurring any liability for doing so,
rescind the sale agreement within ten days after the date of its
execution. (4) A purchaser may not rescind the sale agreement under
subsection (3), if all documents required to be delivered to the
purchaser under subsection (1) have been delivered to him not
less than ten days before the execution of the sale agreement
by the parties to it. (5) Where a sale agreement is rescinded under subsection
(3), the developer shall, within ten days from receipt of written
notice of the rescission, return to the purchaser all the money
paid in respect of the purchase of the unit.

, within ten days from receipt of written
notice of the rescission, return to the purchaser all the money
paid in respect of the purchase of the unit.

30.–(1) A co-owner or any other person who is not a developer
shall, prior to completion of the sale of his units, furnish to a
purchaser-
(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. (2) The association shall provide the documents and
certificate required under subsection (1) within ten days of
request from a co-owner or other person, subject to reasonable
payment for the costs of reproduction. Sale by unit
owner or chargee

within ten days of
request from a co-owner or other person, subject to reasonable
payment for the costs of reproduction. Sale by unit
owner or chargee

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.413
THE UNIT TITLES ACT [CAP. 416 R.E. 2023]
(3) A person who acquires a unit, by whatever means,
including the exercise of a mortgage right, shall be bound to
pay all common expenses due in respect of that unit at the
time of the acquisition and a purchaser of a unit shall not be
liable for any common expenses, assessments or fees in excess
of the amounts shown in the sale certificate of the association
prepared in accordance with the Act. 31.–(1) The association may require an 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 this Act which is damaged, destroyed, lost
or removed, as the case may be, by a person occupying
the unit.

ease granted to the owner of the
unit under this Act which is damaged, destroyed, lost
or removed, as the case may be, by a person occupying
the unit.

(2) The owner of a unit shall, within seven days after a
tenant begins to rent his unit, give the association notice in
writing stating the name of the tenant occupying his unit and
other particulars as provided in the by-laws. (3) The owner of a unit shall, within seven days after a
tenant ceases to rent his unit, give the association notice in
writing stating that his unit is no longer being rented. (4) An association shall, within twenty days after receiving
a written notice under subsection (3)-
(a) return the deposit referred to under subsection (1) to
the owner;
(b) if the association has made use of the deposit for one
or more of the purposes referred to in subsection (1),
deliver to the owner a statement of account showing
the expenditure and the balance of the deposit not
used, if any;
(c) if the association is entitled to make use of the deposit,
deliver to the owner, an estimated statement of account
Lease of units by
owner

if any;
(c) if the association is entitled to make use of the deposit,
deliver to the owner, an estimated statement of account
Lease of units by
owner

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.414
THE UNIT TITLES ACT [CAP. 416 R.E. 2023]
showing the amount it intends to use and, within
sixty days after delivering to the owner the estimated
statement of account, deliver to the owner-
(i) a final statement of account showing the amount
used; and
(ii) the deposit of the balance not used, if any. 32. A disposition by way of inheritance shall be subject to the
Land Registration Act. 33. The unit owner shall have a right to mortgage his unit in
accordance with the provisions of the Land Act.

be subject to the
Land Registration Act. 33. The unit owner shall have a right to mortgage his unit in
accordance with the provisions of the Land Act.

34.–(1) The association may enter into agreements with
mortgagees holding mortgages on any unit by which the
association agrees to-
(a) give written notice to the mortgagee of any stage of
facts or occurrence which actually or potentially affects
adversely the physical or financial condition of the
property;
(b) 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:
(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;
Inheritance
Cap. 334
Mortgage
Cap. 113
Protection of
mortgagee

; or
(iii) pledge or assignment of the future income or
receivables of the association;
Inheritance
Cap. 334
Mortgage
Cap. 113
Protection of
mortgagee

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.415
THE UNIT TITLES ACT [CAP. 416 R.E. 2023]
(e) upon the request of any mortgagees, to provide a copy
of the current financial statements of the association;
or
(f) other matters on which the association and mortgage
creditors may agree and which do not contradict this
Act. (2) 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. (3) Upon acquiring ownership of a unit through enforcement
of its rights under a mortgage, a mortgagee shall succeed to the
rights and obligations of a co-owner. PART V
MANAGEMENT OF THE UNIT PROPERTY
35.–(1) There shall be established an association which shall
be a body corporate and be given a plan number by the
Registrar. (2) The number to be included in the name of an association
shall be a number allotted to the units plan by the Registrar on
its registration.

istrar. (2) The number to be included in the name of an association
shall be a number allotted to the units plan by the Registrar on
its registration.

(3) Five or more owners of the unit properties may form
an association whose management shall be as provided for in
this Act. (4) Where there are less than five owners of a unit property,
the owners shall register to the Registrar by-laws on the use of
the common areas and management of the unit. (5) The Registrar shall have powers to register associations
under this Act. 36.–(1) An association-
(a) shall have perpetual succession;
(b) shall have a common seal; and
(c) sue and be sued in its association name. Establishment of
Association
Legal status of
association

al succession;
(b) shall have a common seal; and
(c) sue and be sued in its association name. Establishment of
Association
Legal status of
association

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.416
THE UNIT TITLES ACT [CAP. 416 R.E. 2023]
(2) The association shall have a common seal which shall be
kept by the Secretary of the association and be authenticated by
the signature of a Chairman or any other member authorised
in writing by the Committee and the Secretary. 37.–(1) A developer shall, within six months after the date on
which the unit plan is registered, provide the association, free
of charge, with the following documents:
(a) warranties and guarantees on the property of the
association;
(b) structural, electrical, mechanical and architectural
working drawings and specification;
(c) built drawings, if applicable, of the common property
of the Association;
(d) plan showing the location of underground utility
services and sewer pipes;
(e) 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; and
(f) any other relevant documents.

lanning authority, the Government
or an agent of the Government which relate to the
property of the association; and
(f) any other relevant documents.

(2) Notwithstanding subsection (1), the association may, at
any time before it receives a document under subsection (1),
require the developer to provide the association with any of the
documents specified in subsection (1), and the developer shall
provide the document within a period of twenty-one days, if
the document is in his possession. 38.–(1) This section shall apply if a unit is owned by two or
more persons whether as joint tenants or co-owners. (2) The owners of the unit shall, by a notice in writing to the
association, authorise an individual to represent them as their
agent for the purpose of this Act. (3) The unit owner’s representative shall be one of the
owners. (4) The Companies Act and the Societies Act shall, for the
purpose of this Act not apply. Developer
to provide
documents to
association
Representation
of members of
association
Caps. 212
and 337

shall, for the
purpose of this Act not apply. Developer
to provide
documents to
association
Representation
of members of
association
Caps. 212
and 337

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.417
THE UNIT TITLES ACT [CAP. 416 R.E. 2023]
(5) Where a company is a co-owner of the unit, the
company’s own representative may also be authorised as the
unit owners’ representative. (6) The notice of authorisation shall-
(a) be given to the association within fourteen days after
the lodgment for registration of the instrument under
which the unit first becomes owned by two or more
people;
(b) include the full name and a physical address of the
representative; and
(c) be signed by each owner of the unit. (7) The unit owners may change their representative by
issuing a notice in writing to the association. (8) The notice of change of authorisation shall include the
full name and a physical address of the new representative, and
be signed by each owner of the unit. (9) The unit owner’s representative may change the address
by a notice in writing to the association of the change. (10) The notice of change of address shall be signed by the
representative. (11) This section may be enforced in the same way as an
Article of the Association of the company.

e of address shall be signed by the
representative. (11) This section may be enforced in the same way as an
Article of the Association of the company.

39.–(1) This section shall apply if a company is the owner or a
co-owner of a unit. (2) The company shall, by a notice in writing to the
association, authorise an individual to represent it as its agent
for the purpose of this Act. (3) The company’s representative shall be an officer or an
employee of, or any other person appointed by the company. (4) The notice of authorisation shall-
(a) be given to the association within fourteen days after
the lodgment for registration of the instrument under
which the company becomes an owner or co-owner of
the unit;
(b) include the full name and a physical address of the
representative; and
Company
owned units and
authorisation of
representatives

wner of
the unit;
(b) include the full name and a physical address of the
representative; and
Company
owned units and
authorisation of
representatives

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.418
THE UNIT TITLES ACT [CAP. 416 R.E. 2023]
(c) be signed by the company. (5) The company may change its representative by a notice
in writing to the association. (6) The notice of change of authorisation shall-
(a) include the full name and a physical address of the new
representative; and
(b) be signed by the company. (7) The company’s representative may change the address
by notice in writing of the change to the association. (8) The notice under subsection (7) shall be signed by the
representative.

y change the address
by notice in writing of the change to the association. (8) The notice under subsection (7) shall be signed by the
representative.

40.–(1) The functions of the association shall be to-
(a) manage the common property;
(b) keep the common property in a state of good repair;
(c) establish and maintain a fund for administrative
expenses sufficient, in the opinion of the association,
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) determine from time to time the amounts to be paid
for the purposes of paragraph (c);
(e) raise amount determined under paragraph (d) by
levying contributions on the properties in proportion
to unit entitlement of their respective units;
(f) insure and keep insured buildings and other
improvements on the common property against fire;
(g) effect such other insurance as required by this Act, or
as it may consider expedient;
(h) pay the premiums in respect of any policies of insurance
effected by it;
(i) do all things reasonably necessary for the enforcement
of any contract of insurance entered into by it under
this section;
(j) comply with any notice or order duly served on it by
any competent local authority, planning authority or
Functions of
association

r
this section;
(j) comply with any notice or order duly served on it by
any competent local authority, planning authority or
Functions of
association

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.419
THE UNIT TITLES ACT [CAP. 416 R.E. 2023]
public authority requires to, or work to be performed
in respect of the land or any building or improvement
on it;
(k) submit new plans to the Registrar in case of alterations
to the unit property;
(l) do all things reasonably necessary for the enforcement
of any lease or licence under which the land is held;
(m) carry out any duties imposed on it by its by-laws made
under this Act. (2) The association shall be responsible for enforcement of
its by-laws and the control, management and administration
of its movable and immovable property and the common
property. (3) Without prejudice to subsection (1), the duties of
association shall include-
(a) keep in a state of good and serviceable repairs and
properly maintain, the movable and immovable
property of the association and the common
property;
(b) 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.

s from any local
authority, planning authority or public utility authority
requiring repairs to, or work to be done in respect of
the common property.

(4) An association may, by special resolution, acquire or
dispose of an interest in immovable property. (5) The functions of the association shall, subject to any
restriction imposed or direction given at a general meeting, be
exercised and performed by the Committee. (6) In addition to the functions specified in subsection (1),
the Committee shall hear complaints from aggrieved members
of the association. (7) The association may, in accordance with the resolution
of owners, distribute any surplus money or other movable
property in its possession and surplus to its current requirement
among the owners according to their unit entitlement.

surplus money or other movable
property in its possession and surplus to its current requirement
among the owners according to their unit entitlement.

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.420
THE UNIT TITLES ACT [CAP. 416 R.E. 2023]
41. Notwithstanding subsection (7) of section 40, an
association may invest any funds not immediately required by
it, in accordance with by-laws of the association. 42.–(1) An instrument evidencing any transfer, lease, grant
of easement or other dealing affecting common property or
land that is to become part of the common property, may
be executed by an association, if the transfer, lease, grant or
dealings has been approved by a special resolution of the
association. (2) A certificate under the seal of the association stating
that approval has been given shall be sufficient evidence of the
approval unless the contrary is proved. (3) The association may, by a special resolution, transfer
or lease the common property or any part of it, or grant an
easement on the whole or part of the common property. (4) A part of the common property may not be transferred
or leased where that part of the common property is used as
access by persons to one or more units.

part of the common property may not be transferred
or leased where that part of the common property is used as
access by persons to one or more units.

(5) Where the Committee is satisfied that a special
resolution under subsection (3) was properly passed and that
all persons having registered interest, other than statutory
interests notified to the association have-
(a) in case of either a transfer or lease, consented in writing
to the release of the interests in respect of the land
comprise in the proposed transfer; or
(b) in the case of a lease, approved in writing the execution
of the proposed lease,
shall execute the appropriate transfer or lease. (6) The transfer or lease executed in accordance with
subsection (3) shall only be valid if-
(a) the transfer or lease is valid and effective without
execution by any person having an interest in the
common property; and
(b) the receipt by the association of the purchase money, rent,
premiums or other money payable to the association
Management
and investment
of moneys of
association
Dealings affecting
common property

money, rent,
premiums or other money payable to the association
Management
and investment
of moneys of
association
Dealings affecting
common property

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.421
THE UNIT TITLES ACT [CAP. 416 R.E. 2023]
under the terms of the transfer or lease is a sufficient
discharge of, and exonerates the persons taking under the
transfer or lease from any responsibility for the application
for the money expressed to have been received. (7) The Registrar shall not register a transfer or lease
authorised under this section unless it is accompanied by a
certificate under the seal of the association to the effect that-
(a) the special resolution was properly passed;
(b) the transfer or lease conforms with the terms of the
transfer or lease; and
(c) all necessary consent were given. (8) The certificate referred to in subsection (7) in favour of
a purchaser or lessee of the common property or part to it and
endorsed by the Registrar shall be conclusive proof of the facts
stated in the certificate. 43.–(1) An instrument of transfer of any part of the common
property shall, in addition to any plan that the Registrar may
require to be deposited under this Act, be accompanied by a
revised unit plan under the same number.

l, in addition to any plan that the Registrar may
require to be deposited under this Act, be accompanied by a
revised unit plan under the same number.

(2) Where any unit is subject to any existing registered
charge, lease or sublease, the Registrar shall not register any
transfer of the whole or any part or parts of the common
property until there has been produced to him a consent in
writing by a registered chargee and the consent shall not be
unreasonably withheld, and the lessee and sublessee have been
notified. (3) The Registrar shall register any transfer to which
subsection (1) refers by-
(a) causing an appropriate record relating to the transfer to
be noted on the revised unit plan and on the relevant
part of the Register; and
(b) issuing, in the name of the transferee, a certificate of
title for the land transferred. 44.–(1) The voting rights of the owner of a unit shall be
determined by the unit factor of the unit. Registration
of transfers of
common property
Voting rights

he voting rights of the owner of a unit shall be
determined by the unit factor of the unit. Registration
of transfers of
common property
Voting rights

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.422
THE UNIT TITLES ACT [CAP. 416 R.E. 2023]
(2) Where an owner’s interest is subject to a registered
charge, a power of voting conferred on any owner by this Act
or by the by-laws-
(a) shall, where a special resolution is required, be exercised
by the registered chargee first entitled in priority; and
(b) in any other case, be exercised by the chargee in priority
if he is present or by proxy. (3) A chargee shall, upon registration of a charge, notify the
association in writing of the charge. (4) A chargee whose charge is entered on the part of the
Register in accordance with subsection (1) of section 5, shall
notify the association of the existence of the charge within
three months after the coming into force. (5) An association shall give notice of any meeting to
chargee who has given notice of the charge under subsections
(3) and (4). (6) Subsection (2) shall not apply unless the chargee has
given written notice of his charge to the association. (7) An owner or chargee, as the case may be, may exercise
his right to vote personally or by proxy.

n written notice of his charge to the association. (7) An owner or chargee, as the case may be, may exercise
his right to vote personally or by proxy.

45.–(1) In the case of an owner who for any reason is unable to
exercise control over his property, any power of voting conferred
to him by this Act or Regulations may, subject to subsection (2),
be exercised by the guardian or a legal representative. (2) Where the court, on application by the association or by
an owner is satisfied that there is no person capable, willing or
available to vote in respect of a unit, the court shall appoint a
legal representative for the purpose of exercising the powers of
voting under this Act or by the by-laws. (3) Upon making an appointment under subsection (2), the
court may make an order if it considers necessary or expedient
to give effect to the appointment. 46. Where a developer registers a unit plan, he shall-
(a) within ninety days after the day that fifty percent of the
units are sold; or
Voting where
owner of unit is
incapable
Meetings of
association

all-
(a) within ninety days after the day that fifty percent of the
units are sold; or
Voting where
owner of unit is
incapable
Meetings of
association

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.423
THE UNIT TITLES ACT [CAP. 416 R.E. 2023]
(b) within one hundred and eighty days after the day that
the first unit is sold,
whichever is sooner, convene a meeting of the association at
which a Committee shall be elected. 47.–(1) There shall be, in respect of an association, a
management Committee elected in accordance with the by-
laws. (2) An association shall, within fifteen days after a person
becomes or ceases to be a member of the Committee, file at
the Land Registry, a notice in the prescribed form, stating the
name and address of that person and the day on which that
person became or ceased to be a member of the Committee, as
the case may be. (3) Acts done in good faith by the Committee shall be valid,
notwithstanding that any defect in the election or continuance
in office of the Committee or any of its members had been
properly elected or appointed or continued in office. 48.–(1) A Committee shall, once in each year, convene an
annual general meeting of the owners.

n
properly elected or appointed or continued in office. 48.–(1) A Committee shall, once in each year, convene an
annual general meeting of the owners.

(2) The first annual general meeting of the owners shall be
called within three months after the election of the Committee. (3) The annual general meeting of the owners shall be
convened by the Committee within fifteen months after the
conclusion of the immediately preceding annual general
meeting. 49.–(1) The Committee shall, within twenty-eight days after its
election, appoint a managing agent for the management of the
units, the movable and immovable property of the association
and the common property. (2) The Minister shall, by regulations, prescribed the
qualifications of a person to be appointed as a managing agent
under this section. (3) A managing agent shall perform functions as may be
delegated to him by the association. Formation of
management
committee
Annual general
meeting
Appointment of
managing agent

erform functions as may be
delegated to him by the association. Formation of
management
committee
Annual general
meeting
Appointment of
managing agent

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.424
THE UNIT TITLES ACT [CAP. 416 R.E. 2023]
(4) Where a managing agent relinquishes his appointment,
the Committee shall appoint a new managing agent within
twenty days after the effective date of that relinquishment. 50.–(1) The association shall make by-laws prescribing for the
management of units and properties of the association. (2) The by-laws under subsection (1) may be amended or
revoked by a special resolution. (3) An amendment or revocation of a by-law shall not take
effect until registered by the Registrar. (4) The by-laws shall not operate to prohibit or restrict the
devolution of units or any transfer, lease or other dealing in the
units or to destroy or modify an easement implied or created
by this Act. (5) The by-laws shall bind the association and the owners
to the same extent as the by-laws had been signed and
endorsed by a common seal of the association and by each
owner.

d the association and the owners
to the same extent as the by-laws had been signed and
endorsed by a common seal of the association and by each
owner.

(6) The by-laws shall contain deed of covenants on the part
of each owner with every other owner and with the association,
to observe and perform all the provisions of the by-laws. (7) The by-laws shall prescribe fines which may be imposed
for breach of the by-laws. 51.–(1) An association shall establish and maintain a register
that includes-
(a) the information mentioned in subsection (2) for each
unit; and
(b) the information mentioned in subsection (3). (2) The association shall record on the association register
the following information for each unit:
(a) if the unit is owned by one person, the full name and an
address of the unit owner;
(b) if the unit is owned by two or more people, the full
name and address of the unit owners’ representative
and each co-owner;
By-laws of
association
Establishment
of association
register

e people, the full
name and address of the unit owners’ representative
and each co-owner;
By-laws of
association
Establishment
of association
register

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.425
THE UNIT TITLES ACT [CAP. 416 R.E. 2023]
(c) if the unit owner, or one or more co-owners of the
unit, is a company, the full name and address of the
company’s representative;
(d) if a mortgagee voting notice has been given for the
unit, the full name and address of the mortgagee’s
representative;
(e) if notified to the association, the full name and an
address of anyone else with an interest in the unit
together with particulars of the interest;
(f) the full name of the occupier of the unit, including
the owner or any co-owner, if the owner or co-owner
occupies the unit. (3) In addition to paragraphs (a) to (f) of subsection (2), the
association shall record on its register-
(a) the full names of the current members;
(b) if notified to the association, the full name and an
address of anyone with an easement over the common
property together with particulars of the easement. (4) The association register may, in addition to hard copies,
be kept in electronic form.

e common
property together with particulars of the easement. (4) The association register may, in addition to hard copies,
be kept in electronic form.

52.–(1) A unit owner shall give the association a notice
in writing of the particulars of any of the events specified
hereunder within fourteen days after the event happens-
(a) the owner agreeing to transfer the lease of the unit to
someone else;
(b) the lodgment for registration, by the unit owner, of the
instrument under which the person became the owner;
(c) a change in the owner ’s name or his address;
(d) a change of occupancy of the unit; or
(e) a vacancy in occupancy of the unit that is expected to
be longer than a continuous period of thirty days. (2) Subsection (1) may be enforced in the same way as an
article of the association. (3) A person other than a unit owner, may give the
association a notice in writing of the following particulars of
the events:
Information
for inclusion
in association
register

unit owner, may give the
association a notice in writing of the following particulars of
the events:
Information
for inclusion
in association
register

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.426
THE UNIT TITLES ACT [CAP. 416 R.E. 2023]
(a) the person agreeing to transfer an interest in the lease
of a unit or the common property to someone else;
(b) the lodgment for registration, by the person, of an
instrument under which the person acquires an interest
in a unit or the common property;
(c) the person acquiring an interest in a unit or the
common property other than a registered interest;
(d) if the person has an interest in a unit or the common
property, a change in the full name or address of the
person; or
(e) a change in the nature of an interest held by the person
in a unit or the common property, including the
person’s ceasing to have the interest.

or
(e) a change in the nature of an interest held by the person
in a unit or the common property, including the
person’s ceasing to have the interest.

53.–(1) Upon request by an eligible person for a unit or the
common property, the association shall allow the person,
within fourteen days after the request is received, to inspect,
and take a copy in the case of-
(a) a request by an eligible person for a unit, the
information on the association register about the unit
and any easements with which the common property is
benefited or burdened; or
(b) a request by an eligible person for the common
property, the information on the association register
about any easements with which the common property
is benefited or burdened. (2) The association register shall be kept in a state that
ensures that, a person who is entitled to inspect the register
shall not have access to any other information the person is not
entitled to inspect. 54.–(1) Upon request by an eligible person for a unit or
the common property the association shall, free of charge,
allow the person to inspect and take a copy of the following
documents within fourteen days after the request is received:
(a) any current insurance policy or policies taken out by
the association;
Access to
association
register
Disclosure of
information

quest is received:
(a) any current insurance policy or policies taken out by
the association;
Access to
association
register
Disclosure of
information

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.427
THE UNIT TITLES ACT [CAP. 416 R.E. 2023]
(b) the receipts for all premiums paid under current
policies taken out by the association; and
(c) the part of the minutes of any annual general meeting of
the association that records any exemption resolution
on building insurance requirements. (2) On request by an eligible person for a unit or the
common property, the association shall, free of charge, give
the person full names and addresses of its current executive
members within fourteen days after the request is received. 55.–(1) A document may be served to the association by
registered mail or by delivering it at the registered physical
address or by personal service on a member of the Committee
or a management agent. (2) A service by association on an owner of a unit may be
effected by-
(a) personal service;
(b) leaving it with an adult person who normally resides in
the unit;
(c) fixing it on conspicuous part of the unit; or
(d) registered mail or any other means prescribed by by-
laws of the association.

sides in
the unit;
(c) fixing it on conspicuous part of the unit; or
(d) registered mail or any other means prescribed by by-
laws of the association.

56.–(1) An association may, by a resolution of the Committee
change its address for service. (2) A change made under subsection (1) shall not take
effect until a notice of change is filed with the Registrar in the
prescribe form. 57. An association may, if authorised by a special resolution-
(a) borrow amounts required for the exercise of its
functions; and
(b) secure the repayment of amounts borrowed by it and
the payment of interest on amounts borrowed by it. 58.–(1) An association shall establish a fund for the general
administration of the association. Service of
documents
Change of address
for service
Borrowing
powers
General funds

establish a fund for the general
administration of the association. Service of
documents
Change of address
for service
Borrowing
powers
General funds

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.428
THE UNIT TITLES ACT [CAP. 416 R.E. 2023]
(2) Notwithstanding subsection (1), an association may,
by special resolution, establish other funds for any particular
purposes. (3) The purposes for which a special purpose fund may
be used may only be changed by special resolution of the
association. (4) A payment or transfer out of the administrative fund
or a special purpose fund may only be made for a purpose for
which the fund may be used, unless the association decides
otherwise by special resolution. (5) At each annual general meeting of an association, the
association shall, by special resolution, approve a budget for
the administrative fund and each special purpose fund for the
financial year in which the meeting is held. (6) The general funds budget shall state the total amounts
estimated to be paid into and out of the association’s general
funds in the financial year in which the annual general meeting
is held. 59.–(1) An association may determine the amount required
by way of contributions from its members for the association’s
general funds.

eeting
is held. 59.–(1) An association may determine the amount required
by way of contributions from its members for the association’s
general funds.

(2) The general funds contribution payable for each unit
shall be-
(a) the proportional share for the unit of the total general
funds contributions; or
(b) a proportion of the total general funds contributions
worked out in accordance with a method set out in a
special resolution. (3) A resolution under paragraph (b) of subsection (2) may
provide that, only stated unit owners shall be required to pay
a particular contribution or a contribution of particular kind. (4) A resolution under paragraph (b) of subsection (2) may
only be amended or revoked by special resolution. (5) An association shall give notice of a determination of
general funds contribution to each unit owner. Contributions to
general funds

l resolution. (5) An association shall give notice of a determination of
general funds contribution to each unit owner. Contributions to
general funds

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.429
THE UNIT TITLES ACT [CAP. 416 R.E. 2023]
(6) The notice shall include-
(a) the general funds contribution payable for the unit;
(b) the general funds contributions payable for each other
unit;
(c) the general funds for which contribution is required,
the proportion of the contribution to be paid into each
fund, and the total amount to be paid into each fund;
(d) the proportion of the total general funds contributions
payable for the unit and how the proportion is worked
out;
(e) the date when the contribution is payable, if paid in full
which shall be not later than twenty-eight days after the
date of the notice;
(f) if the contribution is payable by installments, the dates
when the installments are payable;
(g) how the contribution may be paid;
(h) details of any discount for early payment under section
62; and
(i) details of interest payable for late payment under
section 62.

on may be paid;
(h) details of any discount for early payment under section
62; and
(i) details of interest payable for late payment under
section 62.

(7) A general fund contribution shall be payable by a unit
owner-
(a) if paid in full, on the date stated in the notice; or
(b) if payable by installments, on the dates stated in the
notice. 60.–(1) An association shall establish and maintain a fund
under this section to be known as the sinking fund, unless
there are only two or three units in the units plan and the
association has passed a resolution deciding that it shall not
establish or continue to maintain a sinking fund. (2) Payments into the sinking fund may only be made-
(a) in accordance with this Act;
(b) by transfer from the administrative fund in accordance
with an ordinary resolution; or
(c) by transfer from a special purpose fund, in accordance
with the purpose of the fund or a special resolution. Sinking funds

ordinary resolution; or
(c) by transfer from a special purpose fund, in accordance
with the purpose of the fund or a special resolution. Sinking funds

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.430
THE UNIT TITLES ACT [CAP. 416 R.E. 2023]
(3) An association may only make payments from its
sinking fund for-
(a) the painting or repainting of any building or any part of
a building that forms part of the common property;
(b) the acquisition, renewal or replacement of property
that it holds;
(c) the renewal, replacement or repair of fixtures and
fittings that are part of the common property;
(d) the renewal, replacement or repair of anything else on
the common property;
(e) any purpose that relates to a defined part of a building;
and
(f) any maintenance that is authorised by a special
resolution of the Association. (4) An association may only make a transfer from its sinking
fund to a general fund if it is passed by the Committee. 61.–(1) An association shall deposit into its sinking fund each
financial year an amount raised by contributions of the unit
share of the members of the association equal to five percent
of the general funds budget expenditure.

r an amount raised by contributions of the unit
share of the members of the association equal to five percent
of the general funds budget expenditure.

(2) An association may, by special resolution at its annual
general meeting, decide to vary the relevant percentage
referred to in subsection (1). (3) In this section-
(a) “unit share”, of general funds budget expenditure,
means the following proportion of the expenditure:
5% × unit entitlement of all members units
total unit entitlement
(b) “general funds budget expenditure for a financial year”,
means the estimate in the general funds budget for the
year, as approved by the annual general meeting, of the
total amount to be paid out of the association’s general
funds in the year excluding transfers into the sinking fund. (4) The sinking fund contribution payable for each unit for
a financial year and for phased staged development shall be
provided in the regulations. Annual payments
in sinking funds

on payable for each unit for
a financial year and for phased staged development shall be
provided in the regulations. Annual payments
in sinking funds

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.431
THE UNIT TITLES ACT [CAP. 416 R.E. 2023]
62.–(1) An association may, by special resolution, decide that a
stated discount applies to an amount owing to the association
by a unit owner if-
(a) the amount is paid to the association before the date it
becomes payable; or
(b) for contributions payable by installments, if the
contribution is paid in full on or before the date specified
in the notice for payment in full, or if the contributions
are paid in another way stated in the resolution. (2) Where an amount owing to an association by a unit
owner is not paid on or before the date it becomes payable,
unless otherwise decided by special resolution, the amount
shall bear simple interest until paid at-
(a) an annual rate of not less than the prevailing market
lending rate;
(b) an annual rate of less than the prevailing market lending
rate, if decided by special resolution; or
(c) an annual rate of more than the prevailing market
lending rate, if decided by special resolution.

nding
rate, if decided by special resolution; or
(c) an annual rate of more than the prevailing market
lending rate, if decided by special resolution.

(3) Interest on an amount owing to the association shall
form part of the fund into which the amount is payable. 63.–(1) Where an amount owing to an association is not paid
on or before the date it is payable, the association may recover
the amount as a debt from the unit owner, together with
interest as provided for under section 62. (2) Where the ownership of a unit changes after an amount
owing to the association becomes payable, the owner at the
time the amount became payable and each subsequent owner
shall be liable both separately and together for the amount,
together with interest as provided for under section 62. 64.–(1) This section shall apply if-
(a) a unit is owned by two or more people whether as joint
tenants or tenants in common; and
(b) an amount is recoverable by the association from the
unit owners. Discount and
interest on
amounts owing
Recovery of
amounts owing
Liability of
co-owners

amount is recoverable by the association from the
unit owners. Discount and
interest on
amounts owing
Recovery of
amounts owing
Liability of
co-owners

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.432
THE UNIT TITLES ACT [CAP. 416 R.E. 2023]
(2) The unit owners shall be liable separately and together
for the payment of the amount. (3) Each unit owner shall be liable for a part of the amount
proportional to the value of the owner’s interest in the unit. (4) Where any co-owner pays a part of the amount that is
more than the owner ’s proportional liability, the owner may
recover the excess from the other owners. 65.–(1) The association may refer to a court the case of an
owner or tenant of a unit who habitually breaches the by-laws. (2) For the purposes of this section, an owner or tenant of
unit shall be deemed to be a habitual offender if he has breached
the by-laws three or more times within a period of one month. (3) The court may, upon hearing a case referred to it
under this section, impose a fine as may be prescribed in the
regulations. 66.

iod of one month. (3) The court may, upon hearing a case referred to it
under this section, impose a fine as may be prescribed in the
regulations. 66.

A person who contravenes any of the provisions of this
Act, commits an offence and on conviction shall be liable to a
fine not exceeding five million shillings or to imprisonment for
a term not exceeding two years. PART VI
DISPUTES RESOLUTIONS
67. Notwithstanding the provisions regarding the disputes
resolution or litigation affecting land under the provisions of
the Land Act, dispute under this Act shall be determined as
provided in this Part. 68. The association may sue or be sued in respect of any matter
relating to the common property, common assets, by-laws or
involving an act or omission of the association. 69. A dispute among the members of the association in respect
of any matters relating to the association shall first be brought
before the association for mediation. Habitual
offenders
Offences and
penalties
Dispute
resolutions
Cap. 113
Suits for
and against
association
Mediation

fore the association for mediation. Habitual
offenders
Offences and
penalties
Dispute
resolutions
Cap. 113
Suits for
and against
association
Mediation

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.433
THE UNIT TITLES ACT [CAP. 416 R.E. 2023]
70. Notwithstanding the provisions of section 69, where
mediation has failed, the aggrieved party may institute a case
in the High Court or the District Land and Housing Tribunal. 71.–(1) The association, an owner, tenant, mortgagee or other
person having an interest in a unit, may apply to the court for
the appointment of an administrator to exercise the powers
and perform the duties of the association. (2) The court may appoint an administrator if, in the court’s
opinion, the appointment of an administrator is in the best
interest of the association. (3) The court may-
(a) appoint the administrator for an indefinite or set
period;
(b) set the administrator’s remuneration;
(c) order the administrator to exercise or perform some or
all of the powers and duties of the association; and
(d) relieve the association of some or all of its powers and
duties. (4) The remuneration and expenses of the administrator
shall be paid by the association. (5) The Administrator may delegate any of his powers.

duties. (4) The remuneration and expenses of the administrator
shall be paid by the association. (5) The Administrator may delegate any of his powers.

(6) Upon application of the administrator or a person
referred to in subsection (1), the court may remove or replace
the administrator or vary an order under this section. PART VII
TERMINATION OF UNIT STATUS
72.–(1) An association, may apply to the court to terminate
the unit status of a building or land. (2) On an application pursuant to this section, the court
may-
(a) make an order terminating the unit status of a building
or land, if it is satisfied that it is just and equitable to
do so, having regard to the rights and interests of the
owners as a whole; and
Litigation
Act No. 2 of 2010 s. 33
Appointment of
administrator
Application to
terminate unit
status

ights and interests of the
owners as a whole; and
Litigation
Act No. 2 of 2010 s. 33
Appointment of
administrator
Application to
terminate unit
status

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.434
THE UNIT TITLES ACT [CAP. 416 R.E. 2023]
(b) for the purpose of adjusting the effect of the order as
between the corporation, the owners and the holders of
registered interests based on mortgages and as amongst
the owners themselves, impose any conditions and give
any directions, including directions for the payment of
moneys, that it considers appropriate. (3) An insurer who has affected insurance on the building
or land or any part of it against destruction of units or damage
to the building or land may appear in person or by agent or
counsel on an application pursuant to this section. 73. On the termination of the unit status of a building or land
pursuant to section 72, the association shall be dissolved. 74.–(1) Upon termination of the unit status under section
73, an owner or a holder of a registered interest based on a
mortgage may make an application to the court for an order
directing the disposition of the assets of the association.

registered interest based on a
mortgage may make an application to the court for an order
directing the disposition of the assets of the association.

(2) Subject to subsection (1), the court may make any order
in respect of the disposition of the assets that it considers to be
fair and equitable. 75.–(1) On the termination of the unit status of the building or
common property pursuant to section 71, the association shall
immediately-
(a) file a notice of the termination of unit status in the
prescribed manner with the Registrar; and
(b) apply to register an interest based on the notice against
the titles issued pursuant to the unit plan. (2) The owners of the units in a unit plan pursuant to which
titles have issued shall be entitled to the common property as
tenants in common in shares proportional to the unit factors
of their respective units when an interest is registered. (3) An application to issue titles for the common property
may be submitted to the Registrar in the prescribed manner. (4) On receipt of an application referred to in subsection
(3), the Registrar shall-
Dissolution of
association
Application for
disposition of
assets
Notice of
termination of
unit status

erred to in subsection
(3), the Registrar shall-
Dissolution of
association
Application for
disposition of
assets
Notice of
termination of
unit status

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.435
THE UNIT TITLES ACT [CAP. 416 R.E. 2023]
(a) cancel the ownership register for each unit in the plan;
(b) cancel the titles to each unit in the plan;
(c) establish an ownership register for the common
property; and
(d) issue in the names of the owners titles in accordance
with subsection (2). (5) An interests registered against the titles that were
cancelled pursuant to paragraph (b) of subsection (4) shall be
registered in the prescribed manner against the titles issued
pursuant to that paragraph. 76.–(1) Where the unit status of a building or land is being
terminated, the association may, on special resolution, transfer
the common property or any part of the common property. (2) The association shall execute a transfer where the
Committee is satisfied that-
(a) a special resolution was properly passed; and
(b) written consents to the release of interests in the
property included in the proposed transfer have been
obtained from all persons who have registered interests
in the common property.

interests in the
property included in the proposed transfer have been
obtained from all persons who have registered interests
in the common property.

(3) Transfers executed pursuant to subsection (2) shall be
valid and effective without execution by any person who has
an interest in the common property. (4) The receipt of the association for the monies payable
pursuant to a transfer executed under subsection (2), shall
discharge the person to whom the receipt is given from any
responsibility for the application of the monies. 77. Before a transfer referred to in section 76, the Registrar
may, if he considers necessary, require a new unit plan or an
amended plan be submitted and be approved. 78.–(1) A transfer executed pursuant to section 76 shall not be
submitted for registration unless-
(a) the transfer is accompanied by a certificate under
the seal of the association stating that the resolution
Transfers of
part of common
property
New plan
required
Registration of
transfers

ificate under
the seal of the association stating that the resolution
Transfers of
part of common
property
New plan
required
Registration of
transfers

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.436
THE UNIT TITLES ACT [CAP. 416 R.E. 2023]
was properly passed and all necessary consents were
obtained; and
(b) the interest based on the notice required by section 75
has been registered against the titles. (2) The certificate mentioned in subsection (1) shall be
conclusive proof of the facts stated in it in favour of a purchaser
of the common property. (3) Where the common property is transferred pursuant
to section 76, the Registrar shall take necessary steps to give
effect to the transfer. 79.–(1) On the application by an association, any member
of an association or an administrator appointed pursuant to
section 71, the court may make an order providing for the
winding-up of the affairs of the association. (2) By the same or a subsequent order, the court may declare
the association dissolved on and from a day specified in the
order. PART VIII
GENERAL POVISIONS
80.–(1) For purposes of assessing rates by any relevant
authority, each unit and common property shall constitute a
separate entity.

GENERAL POVISIONS
80.–(1) For purposes of assessing rates by any relevant
authority, each unit and common property shall constitute a
separate entity.

(2) An owner of a unit shall be liable for any rate, charge or
tax levied by a relevant authority in relation to his property. (3) The association shall be liable to any rate, charge or
tax levied by a relevant authority in relation to the common
property. 81.–(1) The association shall, on its own and on behalf of the
owners, obtain and maintain an insurance policy covering the
unit and common properties. (2) The insurance provided for under subsection (1) shall
cover ordinary risks, namely-
Winding-up
order
Taxes, rates,
charges, etc. Insurance of
common property

urance provided for under subsection (1) shall
cover ordinary risks, namely-
Winding-up
order
Taxes, rates,
charges, etc. Insurance of
common property

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.437
THE UNIT TITLES ACT [CAP. 416 R.E. 2023]
(a) fire;
(b) theft;
(c) explosions;
(d) water escapes; and
(e) vandalism and malicious acts, as provided for in the
relevant laws. (3) Notwithstanding the provisions of this section, the
insurance policy under subsection (1) shall not cover-
(a) improvements made by a co-owner to his units;
(b) damages caused by faulty, improper material or
workmanship. (4) The insurance policy provided for under subsection (1)
shall have a clause which prohibits the insurer to terminate the
insurance contract unless a two months notice is given to an
association. (5) The amount insured under subsection (1) shall cover
the replacement cost of the property damaged as provided for
under the relevant policy. (6) The amount received under subsection (5) shall be
used by the association to repair or replace the damaged units
or common property, or to offset the cost incurred by the
association if the association paid for the repair or replacement.

replace the damaged units
or common property, or to offset the cost incurred by the
association if the association paid for the repair or replacement.

(7) The insurance policy provided for under this Part shall
not exclude a right of the owner to insure against-
(a) loss of damaged to the owner’s unit; or
(b) his interest in the common property. (8) The association shall, in addition to an insurance under
subsection (1), obtain and maintain-
(a) an insurance against its liability arising from breach of
duty as occupier of common property or land that the
association holds as an asset;
(b) an insurance against liability arising from the ownership
and use of various machineries and other equipment. (9) An insurer under the insurance policy required under
this Part shall provide to the association with certificates,
policies and any other relevant documents declaring the
coverage carried by the association on behalf of the owners.

he association with certificates,
policies and any other relevant documents declaring the
coverage carried by the association on behalf of the owners.

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.438
THE UNIT TITLES ACT [CAP. 416 R.E. 2023]
(10) Where a lessee or an owner or any other person
residing in the owner’s unit with the permission or knowledge
of the owner, damages the unit, the amount of repairing and
the deductible limit of the insurance policy obtained by the
association shall be added to the common expenses payable
for the owner’s unit. 82. The Minister may make regulations prescribing procedures
on how existing houses may be transformed into unit titles. 83.–(1) The Minister may make regulations for the promotion
and furtherance of objects and purposes of this Act.

may be transformed into unit titles. 83.–(1) The Minister may make regulations for the promotion
and furtherance of objects and purposes of this Act.

(2) Without prejudice to the generality of subsection (1),
the Minister may make regulations prescribing-
(a) registration of properties under this Act;
(b) manner under which the association may operate;
(c) management structure of less than five owners of a unit;
(d) properties to be insured under this Act;
(e) matters relating to taxation of properties under this Act;
(f) rates to be charged under this Act;
(g) procedures to be followed by an owner on termination
of insurance;
(h) offences and penalties under this Act;
(i) contribution by owners on maintenance of common
property;
(j) common properties which can be transferable;
(k) qualification of a person to be appointed as a managing
agent; and
(l) anything which may be prescribed under this Act for
purposes of giving effect to the provisions of this Act. (3) Notwithstanding any provisions of this section, the
Minister may, by order and after consultation with a Minister
responsible for finance, issue tax incentives to developers. Transformation of
existing houses
Regulations