Housing (Statutory and Improvement Areas) Act

The Laws of Zambia
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REPUBLIC OF ZAMBIA
THE HOUSING (STATUTORY AND IMPROVEMENT AREAS) ACT
CHAPTER 194 OF THE LAWS OF ZAMBIA
CHAPTER 194 THE HOUSING (STATUTORY AND IMPROVEMENT AREAS)
ACT
THE HOUSING (STATUTORY AND IMPROVEMENT AREAS) ACT
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title
2. Application
3. Interpretation
PART II
STATUTORY HOUSING AREAS
4. Declaration of Statutory Housing Areas
5. Subdivision and letting of land in Statutory Housing Areas
6. Land comprised in grants
7. Council certificate of title
8. Council certificate of title to be conclusive evidence of interest in land
9. Registered encumbrances to be noted on council certificate
10. Interest outstanding at time of issue of certificate

ve evidence of interest in land
9. Registered encumbrances to be noted on council certificate
10. Interest outstanding at time of issue of certificate

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PART III
REGISTRATION OF T ITLES
11. Register of titles
12. Presentation book
13. When documents deemed to be registered
14. Priority determined by registration and not by execution
15. Memorial of registration
16. Unregistered document invalid
17. Registrar may refuse to register document
18. Translations
19. Registry open for search
20. Official certificates of search
21. Indemnity of officers of registry
22. Form of transfer
23. Form of mortgage
24. Mortgage by deposit of documents
25. Transmission
PART IV
CAVEATS
26. Caveat against dealing with land
27. Particulars to be stated in caveat
28. Service of notices as to caveats
29. Effect of caveat against dealings
30. Notice of caveat to be given to persons affected
31. Removal of caveat and compensation
32. Caveat may be withdrawn
PART V
RECTIFICATION OF T ITLES:
CANCELLATION OF ENTRIES AND CORRECTION OF DOCUMENTS
33. Wrongful or fraudulent entries or retention of documents

rawn
PART V
RECTIFICATION OF T ITLES:
CANCELLATION OF ENTRIES AND CORRECTION OF DOCUMENTS
33. Wrongful or fraudulent entries or retention of documents

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PART VI
T RUSTS
34. No entry of trusts to be made on register except those specially authorised
35. Vesting in new trustees
PART VII
SPECIAL POWERS AND DUTIES OF REGISTRAR
36. Powers of Registrar
PART VIII
I MPROVEMENT AREAS
37. Declaration of Improvement Areas
38. Subdivision and control of Improvement Areas
39. Occupancy licence
PART IX
M ISCELLANEOUS
Section
40. Construction of buildings in Statutory Housing Areas or Improvement Areas
41. Attestation of signatures
42. No dealing with land except with the council's consent
43. Loss of certificate of title
44. Offences
45. Penalties
46. Registrar may submit special case
47. Regulations
48. Certain Acts not to apply to Statutory Housing Areas or Improvement Areas
SCHEDULE -Non-application of certain enactments
CHAPTER 194

Regulations
48. Certain Acts not to apply to Statutory Housing Areas or Improvement Areas
SCHEDULE -Non-application of certain enactments
CHAPTER 194

The Laws of Zambia
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HOUSING (STATUTORY AND IMPROVEMENT AREAS) 30 of 1974
13 of 1994
An Act to provide for the control and improvement of housing in certain areas; and
to provide for matters connected with or incidental thereto. [1st June, 1975]
PART I
PRELIMINARY
1. This Act may be cited as the Housing (Statutory and Improvement Areas) Act. Short title
2. Notwithstanding anything to the contrary contained in any written law, the
provisions of any such law, in so far as they are inconsistent with the provisions of this
Act, shall not apply to any land comprised in a Statutory Housing Area or in an
Improvement Area. Application
3.

onsistent with the provisions of this
Act, shall not apply to any land comprised in a Statutory Housing Area or in an
Improvement Area. Application
3.

In this Act, unless the context otherwise requires- Interpretation
"certificate of title" or "council certificate of title" means certificate of title to land
issued in accordance with the provisions of this Act;
"charge" means any charge created on land for the purpose of securing the
payment of money and also the document by which the charge is created;
"chargee" means the person in whose favour the charge is created, and includes
the person for the time being entitled to the benefit of such charge;
"council" means a municipal council, township council, rural council or any other
council established under the Local Government Act;
Cap. 281
"court" means any Subordinate Court;
"dealing" means any transaction of whatever nature affecting land;
"document" means a document of lease or grant under which a council derives any
leasehold interest in respect of land situated in a Statutory Housing Area or
in an Improvement Area, and includes any other document referred to in
this Act;

d interest in respect of land situated in a Statutory Housing Area or
in an Improvement Area, and includes any other document referred to in
this Act;

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"dwelling" means any building or structure or part of any building or structure
designed to operate or to be used as living accommodation, and includes
any yard or garden appurtenant thereto or enjoyed therewith;
"grant" means a grant of land for a term of years certain made to a council for the
purposes of this Act;
"improvement" includes a building or any other structure of whatever kind on land;
"Improvement Area" means any area of land declared as such in accordance with
the provisions of this Act;
"land" means-
(a) in relation to Parts II to VII inclusive, land within a Statutory Housing
Area;
(b) in relation to Part VIII, land within an Improvement Area; and
(c) where applicable, in relation to Part IX, land within a Statutory
Housing Area or in an Improvement Area, as the case may be;
and in any such cases includes anything attached to the earth or permanently fastened to
anything which is attached to the earth, but does not include any mineral right in or under
or in respect of any such land;
"let" includes transfer, sub-letting or parting with possession;
"memorial" means the entry signed by the council registrar on a council certificate
of title embodied in the council register in respect of any document
presented for registration;
"minor" means a person who has not attained the age of twenty-one years;
"mortgage" includes a charge and the document creating such charge;
"National Housing Authority" means the National Housing Authority established
under the National Housing Authority Act;
Cap.

ent creating such charge;
"National Housing Authority" means the National Housing Authority established
under the National Housing Authority Act;
Cap.

195
"register" or "council register" means the register of titles to land to be kept and
maintained in accordance with the provisions of this Act;
"registrar" or "council registrar" means the person appointed as such by a council
and includes an assistant registrar and any other person appointed to act in
either of such capacities;

eans the person appointed as such by a council
and includes an assistant registrar and any other person appointed to act in
either of such capacities;

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"registry" or "council registry" means the registry of any council where the
documents required or permitted to be registered by or under this Act may
be registered;
"Statutory Housing Area" means any area of land declared as such in accordance
with the provisions of this Act;
"Surveyor-General" means the Surveyor-General appointed under the provisions
of section four of the Land Survey Act;
Cap. 188
"testator" includes a person dying intestate;
"transfer", used in connection with land, means the passing of such land or any
interest therein, by act of the parties rather than by operation of law;
"transferee" means a person to whom a council certificate of title has been issued
under this Act, or to whom an occupancy licence has been issued in
accordance with the provisions of this Act;
"transmission", used in connection with land, means the passing of such land or
any interest therein by operation of law. PART II
STATUTORY HOUSING AREAS
4.

mission", used in connection with land, means the passing of such land or
any interest therein by operation of law. PART II
STATUTORY HOUSING AREAS
4.

(1) The Minister may by statutory order declare any area of land within the
jurisdiction of a council to be a Statutory Housing Area, and may at any time thereafter
declare that the whole or part of the land comprised in the Statutory Housing Area shall
cease to be part of a Statutory Housing Area:
Declaration of
Statutory Housing
Areas
Provided that no land shall be declared to be a Statutory Housing Area unless-
(i) such land is held by the council in fee simple or by way of leasehold or a
grant thereof has been made to the council in accordance with the
provisions of the Zambia (State Lands and Reserves) Orders, 1928 to
1964; and
(ii) a plan showing the particulars or details hereinafter mentioned and duly
approved by the Surveyor-General is deposited by the council with the
Surveyor-General, the Commissioner of Lands, and with the Registrar of
Lands and Deeds. App.9

he Surveyor-General is deposited by the council with the
Surveyor-General, the Commissioner of Lands, and with the Registrar of
Lands and Deeds. App.9

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(2) The plan referred to in paragraph (ii) of the proviso to subsection (1) shall be
entitled "Statutory Housing Area Plan" and shall contain, inter alia, the following particulars
or details:
(a) the name and description by which the Statutory Housing Area is known or
is to be known;
(b) the existing roads, if any;
(c) the roads proposed to be constructed;
(d) the existing areas for common user;
(e) the proposed areas for common user;
(f) the area and dimensions of each piece or parcel of land identified by a
serial number. 5.

for common user;
(e) the proposed areas for common user;
(f) the area and dimensions of each piece or parcel of land identified by a
serial number. 5.

(1) Subject to the provisions of this Act, and notwithstanding anything to the
contrary contained or implied in any written law or in any document, a council may, in any
Statutory Housing Area-
Subdivision and letting
of land in Statutory
Housing Areas
(a) with the approval of the Minister subdivide any land;
(b) in accordance with the specifications prescribed by the National Housing
Authority, erect any building or effect any improvement on any piece or
parcel of land;
(c) let to any person any piece or parcel of land for such term and on such
conditions as may be approved by the Minister:
Provided that in a Statutory Housing Area the council shall not-
(i) sell or convey any freehold estate;
(ii) let more than one piece or parcel of land to any one person;
(iii) save for use and occupation by himself or his bona fide dependants, let to
any person engaged in the business of buying, selling, letting, developing,
or in any way dealing in immovable property.

bona fide dependants, let to
any person engaged in the business of buying, selling, letting, developing,
or in any way dealing in immovable property.

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(2) Nothing contained in subsection (1) shall be so construed as to prohibit the
letting of any piece or parcel of land by the council to-
(a) the Government;
(b) any local authority, public corporation or other public body;
(c) any person if the land is required and is to be used by him for the purpose
of providing accommodation to the full-time employees of such person;
(d) any religious or public organisation for social, cultural, educational,
recreational or religious purposes;
(e) any society registered under the Co-operative Societies Act. Cap. 397
6. After the commencement of this Act, and notwithstanding anything to the
contrary contained in any written law, all the land which is comprised in any grant made to
a council for the purposes of this Act shall be subject to the provisions of this Act, and
shall not be capable of being transferred, transmitted, mortgaged, charged or otherwise
dealt with except in accordance with the provisions of this Act, and any attempt to transfer,
transmit, mortgage, charge or otherwise deal in the same except as aforesaid shall be null
and void.

visions of this Act, and any attempt to transfer,
transmit, mortgage, charge or otherwise deal in the same except as aforesaid shall be null
and void.

Land comprised in
grants
7. (1) Whenever land comprised in a grant is transferred in the manner hereinafter
prescribed, the council registrar shall, on payment of the prescribed fee, issue a council
certificate of title in favour of the transferee in such form as may be prescribed, and shall
thereafter-
Council certificate of
title
(a) register the council certificate of title in the manner prescribed;
(b) deliver the council certificate of title to the transferee; and
(c) file a copy thereof in the council registry. (2) Subject to the provisions of this Act, the title of the transferee under each new
council certificate of title shall be valid and effectual in every respect as if he had been the
original grantee in the grant of the land contained in the certificate. (3) Where two or more persons are entitled as tenants in common to undivided
shares in any land, only one council certificate of title shall be issued in respect of such
land.

sons are entitled as tenants in common to undivided
shares in any land, only one council certificate of title shall be issued in respect of such
land.

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(4) Notwithstanding the provisions of subsection (3), the council registrar may, in his
absolute discretion and on payment of the prescribed fee, issue a separate certificate to
each such person for his individual share. 8. (1) The council certificate of title issued by the registrar to any transferee of land
shall not be subject to challenge, except on the ground of fraud, misrepresentation or
mistake. Council certificate of
title to be conclusive
evidence of interest in
land
(2) A certified copy of any registered document, signed by the council registrar and
sealed with the seal of his office, shall be received in evidence in the same manner as the
original of such document. 9.

by the council registrar and
sealed with the seal of his office, shall be received in evidence in the same manner as the
original of such document. 9.

The council registrar shall note upon every certificate of title, in such manner as
to preserve their priority, the memorials of all unsatisfied mortgages, leases and other
estates and interests to which the land is subject at the time of issuing such certificate,
and any documents dealing with such estates or interests; and in the case of a certificate
of title issued to any person under a legal disability, the council registrar shall in such
certificate also state the particulars of such disability as far as he has notice or knowledge
thereof. Registered
encumbrances to be
noted on council
certificate
10. All estates and interests affecting the land of a registered transferee at the time
of the issue of a council certificate of title shall, so far as the same are disclosed upon
application or can otherwise be ascertained, be entered on such certificate and in the
register in such manner as to preserve their priority. Interest outstanding at
time of issue of
certificate
PART III
REGISTRATION OF T ITLES
11.

n the
register in such manner as to preserve their priority. Interest outstanding at
time of issue of
certificate
PART III
REGISTRATION OF T ITLES
11.

In every council where there is a Statutory Housing Area or Improvement Area,
there shall be a registrar who shall keep and maintain a register to be called the register of
titles, and shall file therein all copies of all grants and of all certificates of title issued under
this Act. Each grant and the relative certificate of title shall constitute a separate folio of
such register and the registrar shall record therein the particulars of all the documents,
dealings and other matters by this Act required or permitted to be registered or entered in
the register, affecting land contained in each grant and certificate of title. Register of titles
12. (1) Every registrar shall keep and maintain a book to be called the presentation
book, in which shall be entered a brief description of every document which is presented
for registration, with the date and time of presentation. Presentation book
(2) For the purpose of priority, the time of presentation of any document shall be
deemed to be the time of registration.

sentation. Presentation book
(2) For the purpose of priority, the time of presentation of any document shall be
deemed to be the time of registration.

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13. (1) Any transfer or other document purporting to transfer or in any way to affect
any land, shall be deemed to be registered as soon as a memorial thereof, as hereinafter
provided, has been entered in the register. When documents
deemed to be
registered
(2) Every document to which subsection (1) applies shall be accompanied by
particulars identifying the house, building or plot in question by reference to its appropriate
number on a Statutory Housing Area Plan. 14. (1) Except as hereinafter otherwise provided, any document required or
permitted to be registered under this Act shall be in the prescribed form and shall be
registered in the order of time in which it is presented for the purpose. Priority determined by
registration and not by
execution
(2) Upon registration of any such document, the registrar shall deliver the original to
the person entitled thereto and shall file a copy in the register. 15.

registration of any such document, the registrar shall deliver the original to
the person entitled thereto and shall file a copy in the register. 15.

Every memorial entered in the register shall be signed by the registrar and
shall state the nature and number of the document to which it relates, the date and time of
presentation of such document for registration, and the names of the parties thereto. Memorial of
registration
16. Any document which is required to be registered under the provisions of this
Act and is not so registered shall be null and void:
Unregistered
document invalid
Provided that nothing herein contained shall apply to the case of any person who
has notice of any such document. 17. No registrar shall register any document purporting to transfer or affect any
land unless such document is in accordance with the provisions of this Act and relates to
land which is situated within the jurisdiction of the council of which he is registrar. Registrar may refuse
to register document
18. If any document presented for registration is not in the English language, it
shall be accompanied by an English translation of the same duly certified by a competent
person. Translations
19.

n is not in the English language, it
shall be accompanied by an English translation of the same duly certified by a competent
person. Translations
19.

Every council register may be searched and examined by anyone and certified
copies of any entry therein may be obtained upon payment of such fees as may be
prescribed. Registry open for
search
20. (1) Where any person requires search to be made at the council registry for
entries of any matters or documents, whereof entries are required or allowed to be made
in the council registry, he may, on payment of the prescribed fee, lodge at the council
registry a requisition in that behalf. Official certificates of
search

ouncil registry, he may, on payment of the prescribed fee, lodge at the council
registry a requisition in that behalf. Official certificates of
search

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(2) The council registrar shall thereupon make the search required, and shall issue
a certificate setting forth the result thereof. (3) In favour of a purchaser or an intending purchaser, as against persons
interested under or in respect of matters or documents whereof entries are required or
allowed as aforesaid, the certificate, according to the tenor thereof, shall be conclusive,
affirmatively or negatively, as the case may be. (4) If any officer, clerk or person employed in the registry commits, or is party or
privy to, any act of fraud or collusion, or is wilfully negligent, in the making of or otherwise
in relation to any certificate under this section, he shall be liable on conviction to
imprisonment for a term not exceeding two years, or on summary conviction to
imprisonment for a term not exceeding three months or to a fine not exceeding one
thousand penalty units or to both. (As amended by Act No. 13 of 1994)
21.

sonment for a term not exceeding three months or to a fine not exceeding one
thousand penalty units or to both. (As amended by Act No. 13 of 1994)
21.

The council registrar shall not be liable for any act done or omitted to be done
in good faith in the exercise or purported exercise of the powers conferred upon him by or
under this Act. Indemnity of officers of
registry
22. Every document purporting to transfer land or any interest therein shall be in
the prescribed form. Form of transfer
23. Every mortgage or transfer of mortgage executed in respect of any land to
which this Act applies shall be in the prescribed form. Form of mortgage
24. (1) A mortgage in respect of any land to which this Act applies may be created
by the deposit of documents of title and such mortgage shall be evidenced by a document
in the prescribed form. Mortgage by deposit of
documents
(2) In this section, "documents of title" means a grant, a certificate of title, a lease or
a sub-lease. 25. Any personal representative or guardian claiming to be entitled to any land or
interest therein by virtue of any transmission may make application in writing to the
registrar to have such transmission registered. Transmission
PART IV
CAVEATS

rein by virtue of any transmission may make application in writing to the
registrar to have such transmission registered. Transmission
PART IV
CAVEATS

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26. Any person-
(a) claiming to be entitled to or to be beneficially interested in any land or
interest therein by virtue of any unregistered agreement or other document
or transmission, or of any trust expressed or implied, or otherwise
howsoever; or
(b) transferring any land or interest therein to any other person to be held in
trust; or
(c) claiming to be a purchaser or mortgagee of any land;
may at any time lodge with the registrar a caveat in the prescribed form. Caveat against dealing
with land
27. (1) Every caveat shall be signed by the caveator or by his attorney or agent
appointed under a registered document in the prescribed form, and shall state with
sufficient certainty the nature of the estate or interest claimed by the caveator, with such
other information and evidence as may be required by any regulations made under this
Act, and shall give a postal address or appoint a place within 4.8 kilometres of the registry
to or at which notices and proceedings relating to such caveat may be addressed or
served.

ss or appoint a place within 4.8 kilometres of the registry
to or at which notices and proceedings relating to such caveat may be addressed or
served.

Particulars to be
stated in caveat
(2) Every caveat shall be entered on the register as of the date and time of its
receipt by the registrar. 28. Every notice relating to a caveat and any proceedings in respect thereof if
served at the place appointed in the caveat, or forwarded through the Post Office by
registered post addressed as aforesaid, shall be deemed duly served. Service of notices as
to caveats
29. So long as a caveat remains in force, the registrar shall not make any entry on
the register having the effect of charging or transferring or otherwise affecting the land or
interest protected by such caveat:
Effect of caveat
against dealings
Provided that nothing herein shall prevent the completion of the registration of any
document which has been accepted for registration before the receipt of the caveat. 30. Upon receipt of any caveat, the council registrar shall notify the same to the
registered transferee or other person against whose title to deal with land or other interest
such caveat has been lodged.

hall notify the same to the
registered transferee or other person against whose title to deal with land or other interest
such caveat has been lodged.

Such notification may be sent by ordinary prepaid post
addressed to the person to be notified at his address as shown in the register or, if there
be no such address, by affixing the same on some conspicuous part of the registry
premises for not less than seven days. Notice of caveat to be
given to persons
affected
31. (1) Such transferee or other interested person may, if he thinks fit, summon the
caveator, or the person on whose behalf such caveat has been lodged, to attend before
the court to show cause why such caveat should not be removed. Removal of caveat
and compensation

behalf such caveat has been lodged, to attend before
the court to show cause why such caveat should not be removed. Removal of caveat
and compensation

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(2) The court, upon proof that such person has been summoned, may make such
order as seems just. (3) Any person lodging any caveat without reasonable cause shall be liable to pay
compensation to any person who may have sustained damage thereby. 32. Any caveat may be withdrawn by the caveator or by his attorney or agent
under a written authority, and either as to the whole or any part of the land affected, or the
consent of the caveator may be given for the registration of any particular dealing
expressed to be made subject to the rights of the caveator. Caveat may be
withdrawn
PART V
RECTIFICATION OF T ITLES : CANCELLATION OF ENTRIES AND CORRECTION OF
DOCUMENTS
33. (1) If it appears to the registrar that any certificate of title or any other document
registered under this Act contains any error or misdescription, he may order any person
possessing such certificate or document to deliver up the same within the period stated in
the said order for the purpose of it being rectified.

erson
possessing such certificate or document to deliver up the same within the period stated in
the said order for the purpose of it being rectified.

Wrongful or fraudulent
entries or retention of
documents
(2) Any person who without reasonable cause fails, neglects or refuses to deliver up
any such certificate or document shall be liable to a fine not exceeding one hundred
penalty units for each day during which such failure, neglect or refusal continues. (3) Any person aggrieved by any order of the registrar may appeal to the court
within thirty days of the receipt of a copy of any such order. (As amended by Act No. 13 of 1994)
PART VI
T RUSTS
34. (1) Except as provided in subsection (2), no entry of any trust shall be made in
the register or on any certificate of title, and any such entry, if made, shall have no effect. No entry of trusts to be
made on register
except those specially
authorised
(2) Trusts affecting land may be declared by any deed or document, and such deed
or document may be registered in the register.

e specially
authorised
(2) Trusts affecting land may be declared by any deed or document, and such deed
or document may be registered in the register.

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35. Section 12 of the Trustees Act, 1893, of the United Kingdom, shall not apply to
land falling under the provisions of this Act, but whenever a new trustee is appointed to
perform any trust in relation to such land, the person or persons in whom the legal interest
in the land or the estates or interest comprised in such trust is vested shall forthwith
transfer the same jointly to the persons who are the trustees as the result of such
appointment. Vesting in new
trustees
PART VII
SPECIAL POWERS AND DUTIES OF REGISTRAR
36.

tly to the persons who are the trustees as the result of such
appointment. Vesting in new
trustees
PART VII
SPECIAL POWERS AND DUTIES OF REGISTRAR
36.

In addition to any other powers conferred upon him under this Act, every
registrar may exercise all or any of the powers following, that is to say:
(a) he may require the transferee of, or any other person interested in, any land
in respect of which any transfer, transmission or other dealing is about to be
registered to produce any certificate of title, mortgage, lease, sub-lease,
underlease, will or other document in his possession relating to such land;
(b) he may summon any such transferee or other person as aforesaid to
appear and give any information or explanation respecting such land or any
document affecting the title thereto, and if any such person without
reasonable cause refuses or wilfully neglects to produce any such
document or to give any information or explanation, he shall be guilty of an
offence and shall be liable to a fine not exceeding five hundred penalty
units or to imprisonment for a term not exceeding three months, or to both;
(c) he may administer oaths and affirmations or take declarations in lieu
thereof and for the purposes aforesaid every registrar is hereby constituted
a Commissioner for Oaths. (As amended by Act No.

ake declarations in lieu
thereof and for the purposes aforesaid every registrar is hereby constituted
a Commissioner for Oaths. (As amended by Act No.

13 of 1994)
Powers of Registrar
PART VIII
I MPROVEMENT AREAS
37. (1) The Minister may by statutory order declare any area of land within the
jurisdiction of a council to be an Improvement Area, and may at any time thereafter
declare that the whole or part of the land comprised in the Improvement Area shall cease
to be part of an Improvement Area:
Declaration of
Improvement Areas

e that the whole or part of the land comprised in the Improvement Area shall cease
to be part of an Improvement Area:
Declaration of
Improvement Areas

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Provided that no land shall be declared to be an Improvement Area unless-
(i) such land is held by the council in fee simple or by way of
leasehold or a grant thereof has been made to the council in
accordance with the provisions of the Zambia (State Lands and
Reserves) Orders, 1928 to 1964; and
(ii) a plan showing the particulars or details hereafter mentioned
and duly approved by the Surveyor-General is deposited by the council
with the Surveyor-General and the Registrar of Lands and Deeds. App.9
(2) The plan referred to in paragraph (ii) of the proviso to subsection (1) may be in
such form as the Minister may approve and shall be entitled "Improvement Area Plan" and
shall contain, inter alia, the following particulars or details:
(a) the name and description by which the Improvement Area is known or to be
known;
(b) the existing roads, if any;
(c) the roads proposed to be constructed;
(d) the existing areas for common user;
(e) the proposed areas for common user;
(f) the location of each building identified by a serial number.

cted;
(d) the existing areas for common user;
(e) the proposed areas for common user;
(f) the location of each building identified by a serial number.

(3) The provisions of sections six and seven and such other sections as the Minister
may prescribe shall mutatis mutandis apply to land comprised in this Part. 38. Subject to the provisions of this Act, and notwithstanding anything to the
contrary contained or implied in any written law or any document, a council may in an
Improvement Area, with the approval of the Minister-
(a) subdivide the land;
(b) in accordance with the specifications prescribed by the National Housing
Authority erect any building or effect any improvement on any piece or
parcel of land;
(c) carry out the construction and maintenance of roads, pathways,
waterworks, drainage, sewerage and other works for public amenity as it
may deem necessary or desirable. Subdivision and
control of
Improvement Areas
39. (1) No person shall without a licence issued under this section and except in
accordance with the conditions thereof, build, use, let, sell, create a lien or security or in
any way deal with any dwelling or building erected on any piece or parcel of land. Occupancy licence

, use, let, sell, create a lien or security or in
any way deal with any dwelling or building erected on any piece or parcel of land. Occupancy licence

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(2) The council may issue to any person a licence (hereinafter referred to as an
occupancy licence) in respect of any piece or parcel of land in such form, subject to such
conditions and on payment of such fees as may be prescribed:
Provided that not more than one occupancy licence shall be issued to any one
person. (3) Subject to the provisions of this Act every occupancy licence shall be valid for a
period of not more than thirty years. (4) Every occupancy licence and any other document relating to any dealing with
land shall be registered in such manner as may be prescribed. (5) The holder of an occupancy licence shall have such rights and obligations in
respect of the piece or parcel of land to which the licence relates and in respect of any
dwelling or other building erected thereon as may be prescribed.

ect of the piece or parcel of land to which the licence relates and in respect of any
dwelling or other building erected thereon as may be prescribed.

(6) The council may, after giving not less than three months' notice in writing to the
licensee, revoke an occupancy licence on any of the grounds following, that is to say:
(a) the licensee has committed a breach of or failed to comply with any of the
conditions of the licence; or
(b) the licensee has failed to pay the fee prescribed for the licence. (7) Any fees payable under this Part may be recovered as a civil debt. PART IX
M ISCELLANEOUS
40. (1) Every building erected and every improvement effected on any land to which
this Act applies shall be in accordance with specifications approved by the National
Housing Authority or by the council in whose jurisdiction such land is situated. Construction of
buildings in Statutory
Housing Areas or
Improvement Areas
(2) The National Housing Authority may with the consent of the Minister make
regulations prescribing the specifications for any building or improvement referred to in
subsection (1).

ty may with the consent of the Minister make
regulations prescribing the specifications for any building or improvement referred to in
subsection (1).

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41. Every signature to any document required or permitted to be registered under
this Act shall be attested by the registrar. Attestation of
signatures
42. No registrar shall register any document purporting to transfer, deal in or affect
any land unless the council in whose jurisdiction such land is situated is a party to the
transaction recorded therein or has signified its consent to any such transaction. No dealing with land
except with the
council's consent
43.

y to the
transaction recorded therein or has signified its consent to any such transaction. No dealing with land
except with the
council's consent
43.

In the event of a certificate of title being lost or destroyed, the transferee of the
land to which such certificate of title relates may make a declaration, stating to the best of
his knowledge and belief the facts of the case and the particulars of all transactions
affecting such land or the title thereto, and the registrar, if satisfied as to the truth of such
declaration, may issue to the transferee a provisional certificate of title in respect of such
land:
Loss of certificate of
title
Provided that the registrar shall, before issuing such provisional certificate, give at
least thirty days' notice in the Gazette of his intention so to do. 44.

that the registrar shall, before issuing such provisional certificate, give at
least thirty days' notice in the Gazette of his intention so to do. 44.

A person shall be guilty of an offence under this Act if he-
(a) without lawful authority uses or occupies any piece or parcel of land or
building in any area to which this Act applies;
(b) demands or receives from any person in respect of a building or premises
situated in any area to which this Act applies a rent, fee, purchase price or
other charge in excess of the rent, fee, purchase price or other charges
prescribed under this Act;
(c) erects any building or structure in any area to which this Act applies without
the prior approval of the council within whose jurisdiction the land is
situated;
(d) does or omits to do any act in contravention of any of the provisions of this
Act. Offences
45. Unless otherwise expressly provided in this Act, any person found guilty of an
offence under this Act shall be liable to a fine not exceeding five thousand penalty units or
to imprisonment for a term not exceeding two years, or to both. (As amended by Act No. 13 of 1994)
Penalties
46. The council registrar may submit for the decision of the court any question
arising under this Act. Registrar may submit
special case
47.

enalties
46. The council registrar may submit for the decision of the court any question
arising under this Act. Registrar may submit
special case
47.

(1) The Minister may, by statutory instrument, make regulations for the better
carrying into effect of the purposes of this Act. Regulations

(1) The Minister may, by statutory instrument, make regulations for the better
carrying into effect of the purposes of this Act. Regulations

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(2) Notwithstanding the generality of the foregoing provision, the Minister may make
regulations-
(a) prescribing the form of application for search in the registry and the official
certificate to be issued thereon;
(b) prescribing the times during which any register may be searched and
examined;
(c) prescribing the fees payable upon registration of documents and in respect
of searches and any other matters under this Act;
(d) prescribing the form, the terms, and the conditions of any licence which
may be issued under this Act, including the term or period for which such
licence may be issued;
(e) prescribing the name and description by which any Statutory Housing Area
or Improvement Area may be known;
(f) prescribing the area and dimensions of each piece or parcel of land in a
Statutory Housing Area;
(g) determining the rent that may be charged by any person entitled to let any
building or premises;
(h) determining the price at which any piece or parcel of land may be sold;
(i) determining the terms and conditions under which a council or any other
person may make a loan to any transferee of land;
(j) prescribing the fees payable to a council in respect of any licence to be
issued under this Act;
(k) prescribing the terms and conditions which shall be implied in any
document;
(l) prescribing the method of identifying buildings in an Improvement Area;
(m) prescribing anything which under this Act may or is to be prescribed.

(l) prescribing the method of identifying buildings in an Improvement Area;
(m) prescribing anything which under this Act may or is to be prescribed.

48. The Acts set out in the Schedule shall not apply to any piece or parcel of land
to which this Act applies. Certain Acts not to
apply to Statutory
Housing Areas or
Improvement Areas

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SCHEDULE
(Section 48)
NON-APPLICATION OF CERTAIN ENACTMENTS
1. The Lands and Deeds Registry Act (Cap. 185)
2. The Land Survey Act (Cap. 188)
3. The Rent Act (Cap. 206)
4. The Town and Country Planning Act (Cap. 283)
SUBSIDIARY LEGISLATION
HOUSING (STATUTORY AND IMPROVEMENT AREAS) CAP. 194

)
3. The Rent Act (Cap. 206)
4. The Town and Country Planning Act (Cap. 283)
SUBSIDIARY LEGISLATION
HOUSING (STATUTORY AND IMPROVEMENT AREAS) CAP. 194

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SECTION 4-THE STATUTORY HOUSING AREAS (DECLARATION) O RDERS
Orders by the Minister
Statutory Instruments
45 of 1977
118 of 1977
119 of 1977
209 of 1977
79 of 1978
73 of 1979
146 of 1979
212 of 1979
213 of 1979
232 of 1979
34 of 1980
52 of 1980
141 of 1980
142 of 1980
154 of 1980
67 of 1981
69 of 1981
70 of 1981
92 of 1981
118 of 1981
59 of 1982
146 of 1982
35 of 1983
45 of 1983
111 of 1983
134 of 1983
28 of 1984
29 of 1984
99 of 1985
100 of 1985
101 of 1985
102 of 1985
52 of 1986
110 of 1986
111 of 1986
112 of 1986
153 of 1986
54 of 1987
55 of 1987
56 of 1987
71 of 1988
13 of 1989
14 of 1989
36 of 1990
71 of 1990
72 of 1990
73 of 1990
78 of 1990
101 of 1994
144 of 1994
145 of 1994
160 of 1995
161 of 1995
140 of 1997
141 of 1997
1. These Orders may be cited as the Statutory Housing Areas (Declaration)
Orders.
Title
2. The area lying within the jurisdiction of the City Council of Lusaka and described
in the First Schedule is hereby declared a Statutory Housing Area.
City Council of Lusaka

the jurisdiction of the City Council of Lusaka and described
in the First Schedule is hereby declared a Statutory Housing Area.
City Council of Lusaka

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3. The areas lying within the jurisdiction of the City Council of Kitwe and described
in the Second Schedule are hereby declared Statutory Housing Areas. City Council of Kitwe
4. The areas lying within the jurisdiction of the City Council of Ndola and described
in the Third Schedule are hereby declared Statutory Housing Areas. City Council of Ndola
5. The areas lying within the jurisdiction of the Municipal Council of Luanshya and
described in the Fourth Schedule are hereby declared Statutory Housing Areas. Municipal Council of
Luanshya
FIRST SCHEDULE
(Paragraph 2)
STATUTORY HOUSING AREA: CHILENJE SOUTH STAGE I
All that area of land shown bordered red on Plan No. A1264, approved by the Surveyor-General and
dated 20th February, 1978, and deposited by the City Council of Lusaka with the Surveyor-General,
the Commissioner of Lands and the Registrar of Lands and Deeds. (No. 79 of 1978)
SECOND SCHEDULE
(Paragraph 3)
STATUTORY HOUSING AREA: NDEKE VILLAGE G
All that area of land shown bordered red on Plan No.

and Deeds. (No. 79 of 1978)
SECOND SCHEDULE
(Paragraph 3)
STATUTORY HOUSING AREA: NDEKE VILLAGE G
All that area of land shown bordered red on Plan No.

TP/77/16, approved and signed by the
Surveyor-General and dated 30th March, 1977, and deposited by the City Council of Kitwe with the
Surveyor-General, the Commissioner of Lands and the Registrar of Lands and Deeds. (No. 118 of 1977)
STATUTORY HOUSING AREA: NDEKE VILLAGE H
All that area of land shown bordered red on Plan No. TP/77/15, approved and signed by the
Surveyor-General and dated 30th March, 1977, and deposited by the City Council of Kitwe with the
Surveyor-General, the Commissioner of Lands and the Registrar of Lands and Deeds. (No. 119 of 1977)
THIRD SCHEDULE

the City Council of Kitwe with the
Surveyor-General, the Commissioner of Lands and the Registrar of Lands and Deeds. (No. 119 of 1977)
THIRD SCHEDULE

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(Paragraph 4)
STATUTORY HOUSING AREA: NDEKE STAGE I
All that area of land approximately in extent 61.43 hectares, shown bordered red on the City Council
of Ndola Plan No. 3/18/876, approved and signed by the Surveyor-General and dated 1st October,
1976, and deposited with the Surveyor-General, the Commissioner of Lands and the Registrar of
Lands and Deeds. STATUTORY HOUSING AREA: NDEKE STAGE I
All that area of land approximately in extent 91.43 hectares, shown bordered red on the City Council
of Ndola Plan No. TP.2/18/876, approved and signed by the Surveyor-General and dated 7th
October, 1976, and deposited with the Surveyor-General, the Commissioner of Lands and the
Registrar of Lands and Deeds. (No. 45 of 1977)
FOURTH SCHEDULE
(Paragraph 5)
STATUTORY HOUSING AREA: NDEKE STAGE II
All that area of land shown bordered red on Plan No. PL/48A, approved by the Surveyor-General and
dated 26th July, 1977, and deposited by the Municipal Council of Luanshya with the
Surveyor-General, the Commissioner of Lands and the Registrar of Lands and Deeds. (No.

77, and deposited by the Municipal Council of Luanshya with the
Surveyor-General, the Commissioner of Lands and the Registrar of Lands and Deeds. (No.

209 of 1977)
STATUTORY HOUSING AREA: MIKOMFWA WEST
All that area of land shown bordered red on Plan No. B/45A approved by the Surveyor-General and
dated 31st January, 1979, and deposited by the Municipal Council of Luanshya with the
Surveyor-General, the Commissioner of Lands and the Registrar of Lands and Deeds. (No. 73 of 1979)
SECTION 37-THE I MPROVEMENT AREA (CHAWAMA COMPLEX ) (DECLARATION) O RDER
Order by the Minister
Statutory Instrument
146 of 1979
1. This Order may be cited as the Improvement Area (Chawama Complex)
(Declaration) Order. Title

Order by the Minister
Statutory Instrument
146 of 1979
1. This Order may be cited as the Improvement Area (Chawama Complex)
(Declaration) Order. Title

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2. The area lying within the jurisdiction of the City Council of Lusaka and described
in the Schedule is hereby declared an Improvement Area. Declaration of
Improvement Area
SCHEDULE
(Paragraph 2)
IMPROVEMENT AREA: CHAWAMA COMPLEX
All that area of land shown bordered red on Plan No. S31, approved by the Surveyor-General and
dated 3rd October, 1978, and deposited by the City Council of Lusaka with the Surveyor-General and
the Registrar of Lands and Deeds. SECTION 37-THE I MPROVEMENT AREA (NATUSEKO)
(DECLARATION) O RDER. Order by the Minister
Statutory Instrument
212 of 1979
1. This Order may be cited as the Improvement Area (Natuseko) (Declaration)
Order. Title
2. The area lying within the jurisdiction of the Kabwe Municipal Council and
described in the Schedule hereto is hereby declared an Improvement Area. Declaration of
Improvement Area
SCHEDULE
(Paragraph 2)
IMPROVEMENT AREA: NATUSEKO
All that area of land shown bordered red on Plan No.

provement Area. Declaration of
Improvement Area
SCHEDULE
(Paragraph 2)
IMPROVEMENT AREA: NATUSEKO
All that area of land shown bordered red on Plan No.

TA3 approved by the Surveyor-General and
dated 2nd May, 1979, and deposited by the Kabwe Municipal Council with the Surveyor-General, the
Commissioner of Lands and with the Registrar of Lands and Deeds. SECTION 37-THE I MPROVEMENT AREA (CHAWAMA)
(DECLARATION) O RDER. Order by the Minister
Statutory Instrument
213 of 1979

Registrar of Lands and Deeds. SECTION 37-THE I MPROVEMENT AREA (CHAWAMA)
(DECLARATION) O RDER. Order by the Minister
Statutory Instrument
213 of 1979

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1. This Order may be cited as the Improvement Area (Chawama) (Declaration)
Order. Title
2. The area lying within the jurisdiction of the Kafue Township Council and
described in the Schedule hereto is hereby declared an Improvement Area. Declaration of
Improvement Area
SCHEDULE
(Paragraph 2)
IMPROVEMENT AREA: CHAWAMA
All that area of land shown bordered red on Plan No. 058/76, approved by the Surveyor-General and
dated 12th June, 1979, and deposited by the Kafue Township Council with the Surveyor-General, the
Commissioner of Lands and with the Registrar of Lands and Deeds. T HE STATUTORY HOUSING AREA (LUBUTO)
(DECLARATION) O RDER. Order by the Minister
Statutory Instrument
232 of 1979
1. This Order may be cited as the Statutory Housing Area (Lubuto) (Declaration)
Order. Title
2. The area lying within the jurisdiction of the Ndola City Council and described in
the Schedule hereto is hereby declared a Statutory Housing Area. Declaration of
Statutory Housing
Area
SCHEDULE
(Paragraph 2)
STATUTORY HOUSING AREA: LUBUTO
All that area of land shown bordered red on Plan No.

Area. Declaration of
Statutory Housing
Area
SCHEDULE
(Paragraph 2)
STATUTORY HOUSING AREA: LUBUTO
All that area of land shown bordered red on Plan No.

4/15/277, approved by the Surveyor-General
and dated 18th April, 1978, and deposited by the Ndola City Council with the Surveyor-General, the
Commissioner of Lands and with the Registrar of Lands and Deeds.

h April, 1978, and deposited by the Ndola City Council with the Surveyor-General, the
Commissioner of Lands and with the Registrar of Lands and Deeds.

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T HE STATUTORY HOUSING AREA (LUKANGA)
(DECLARATION) O RDER. Order by the Minister
Statutory Instrument
34 of 1980
1. This Order may be cited as the Statutory Housing Area (Lukanga) (Declaration)
Order. Title
2. The area lying within the jurisdiction of the Kabwe Municipal Council and
described in the Schedule hereto, is hereby declared a Statutory Housing Area. Declaration of
Statutory Housing
Area
SCHEDULE
(Paragraph 2)
STATUTORY HOUSING AREA: LUKANGA
All that area of land shown bordered red on Plan No. 1A33, approved by the Surveyor-General and
dated 21st March, 1978, and deposited by the Kabwe Municipal Council with the Surveyor-General,
the Commissioner of Lands and with the Registrar of Lands and Deeds. SECTION 4-THE STATUTORY HOUSING AREA (CHIKOLA B STAGE I) (DECLARATION)
O RDER. Statutory Instrument
52 of 1980
Order by the Minister
1. This Order may be cited as the Statutory Housing Area (Chikola B Stage I)
(Declaration) Order. Title
2.

Instrument
52 of 1980
Order by the Minister
1. This Order may be cited as the Statutory Housing Area (Chikola B Stage I)
(Declaration) Order. Title
2.

The area lying within the jurisdiction of the Chingola Municipal Council and
described in the Schedule hereto is hereby declared a Statutory Housing Area. Declaration of
Statutory Housing
Area
SCHEDULE
(Paragraph 2)
STATUTORY HOUSING AREA: CHIKOLA B STAGE I

to is hereby declared a Statutory Housing Area. Declaration of
Statutory Housing
Area
SCHEDULE
(Paragraph 2)
STATUTORY HOUSING AREA: CHIKOLA B STAGE I

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All that area of land shown bordered red on Plan No. 1138D, approved by the Surveyor-General and
dated 4th January, 1979, and deposited by the Chingola Municipal Council with the
Surveyor-General, the Commissioner of Lands, and with the Registrar of Lands and Deeds. SECTION 4-THE STATUTORY HOUSING AREA (HELEN KAUNDA SUBURB ) (DECLARATION)
O RDER. Statutory Instrument
141 of 1980
Order by the Minister
1. This Order may be cited as the Statutory Housing Area (Helen Kaunda Suburb)
(Declaration) Order. Title
2. The area lying within the jurisdiction of the Lusaka City Council and described in
the Schedule hereto is hereby declared a Statutory Housing Area. Declaration of
Statutory Housing
Area
SCHEDULE
(Paragraph 2)
STATUTORY HOUSING AREA: HELEN KAUNDA SUBURB
All that area of land shown bordered red on Plan No. A1265, approved by the Surveyor-General and
dated 8th November, 1979, and deposited by the Lusaka City Council with the Surveyor-General, the
Commissioner of Lands and with the Registrar of Lands and Deeds. SECTION 4-THE STATUTORY HOUSING AREA (MUSHILI)
(DECLARATION) O RDER.

yor-General, the
Commissioner of Lands and with the Registrar of Lands and Deeds. SECTION 4-THE STATUTORY HOUSING AREA (MUSHILI)
(DECLARATION) O RDER.

Statutory Instrument
142 of 1980
Order by the Minister
1. This Order may be cited as the Statutory Housing Area (Mushili) (Declaration)
Order. Title
2. The area lying within the jurisdiction of the Ndola City Council and described in
the Schedule hereto is hereby declared a Statutory Housing Area. Declaration of
Statutory Housing
Area
SCHEDULE

he Ndola City Council and described in
the Schedule hereto is hereby declared a Statutory Housing Area. Declaration of
Statutory Housing
Area
SCHEDULE

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(Paragraph 2)
STATUTORY HOUSING AREA: MUSHILI
All that area of land bordered red on Plan/Drawing No. 4/19/877, approved by the Surveyor-General
and dated 30th March, 1978, and deposited by the Ndola City Council with the Surveyor-General, the
Commissioner of Lands, and with the Registrar of Lands and Deeds. SECTION 4-THE STATUTORY HOUSING AREA (KAMIRENDA)
(DECLARATION) O RDER. Statutory Instrument
154 of 1980
Order by the Minister
1. This Order may be cited as the Statutory Housing Area (Kamirenda)
(Declaration) Order. Title
2. The area lying within the jurisdiction of the Luanshya Municipal Council and
described in the Schedule hereto, is hereby declared a Statutory Housing Area. Declaration of
Statutory Housing
Area
SCHEDULE
(Paragraph 2)
STATUTORY HOUSING AREA: KAMIRENDA
All that area of land shown bordered red on Plan No. B/65, approved by the Surveyor-General and
dated 18th August, 1980, and deposited by the Luanshya Municipal Council with the
Surveyor-General, the Commissioner of Lands and with the Registrar of Lands and Deeds.

1980, and deposited by the Luanshya Municipal Council with the
Surveyor-General, the Commissioner of Lands and with the Registrar of Lands and Deeds.

SECTION 4-THE STATUTORY HOUSING AREA (KABANANA COMPLEX ) (DECLARATION)
O RDER. Order by the Minister
Statutory Instrument
67 of 1981
1. This Order may be cited as the Statutory Housing Area (Kabanana Complex)
(Declaration) Order. Title

by the Minister
Statutory Instrument
67 of 1981
1. This Order may be cited as the Statutory Housing Area (Kabanana Complex)
(Declaration) Order. Title

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2. The area lying within the jurisdiction of the Lusaka District Council and
described in the Schedule hereto is hereby declared a Statutory Housing Area. Declaration of
Statutory Housing
Area
SCHEDULE
(Paragraph 2)
STATUTORY HOUSING AREA: KABANANA COMPLEX
All that area of land shown bordered green on Plan/Drawing No. S38 approved by the
Surveyor-General and dated 13th January, 1981, and deposited by the Lusaka District Council with
the Surveyor-General, the Commissioner of Lands and with the Registrar of Lands and Deeds. SECTION 4-THE STATUTORY HOUSING AREA (EMMASDALE ) (DECLARATION) O RDER. Order by the Minister
Statutory Instrument
70 of 1980
1. This Order may be cited as the Statutory Housing Area (Emmasdale)
(Declaration) Order. Title
2. The area lying within the jurisdiction of the Lusaka Urban District Council and
described in the Schedule hereto is hereby declared a Statutory Housing Area. Declaration of
Statutory Housing
Area
SCHEDULE
(Paragraph 2)
STATUTORY HOUSING AREA: EMMASDALE
All that area of land bordered green on Plan/Drawing No.

eclaration of
Statutory Housing
Area
SCHEDULE
(Paragraph 2)
STATUTORY HOUSING AREA: EMMASDALE
All that area of land bordered green on Plan/Drawing No.

S.39, approved by the Surveyor-General
and dated 12th February, 1981, and deposited by the Lusaka Urban District Council with the
Surveyor-General, the Commissioner of Lands and with the Registrar of Lands and Deeds. SECTION 37-THE I MPROVEMENT AREA (CHAISA COMPLEX ) (DECLARATION) O RDER. Order by the Minister
Statutory Instrument
92 of 1981

rar of Lands and Deeds. SECTION 37-THE I MPROVEMENT AREA (CHAISA COMPLEX ) (DECLARATION) O RDER. Order by the Minister
Statutory Instrument
92 of 1981

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1. This Order may be cited as the Improvement Area (Chaisa Complex)
(Declaration) Order. Title
2. The area lying within the jurisdiction of the Lusaka Urban District Council and
described in the Schedule hereto, is hereby declared an Improvement Area. Declaration of
Improvement Area
SCHEDULE
(Paragraph 2)
IMPROVEMENT AREA: CHAISA COMPLEX
All that area of land shown bordered green on Plan/Drawing No. 40 approved by the
Surveyor-General and dated 15th April, 1981, and deposited by the Lusaka Urban District Council
with the Surveyor-General, the Commissioner of Lands and with the Registrar of Lands and Deeds. SECTION 37-THE I MPROVEMENT AREA (G EORGE COMPLEX ) (DECLARATION) O RDER. Order by the Minister
Statutory Instrument
118 of 1981
1. This Order may be cited as the Improvement Area (George Complex)
(Declaration) Order. Title
2. The area lying within the jurisdiction of the Lusaka Urban District Council and
described in the Schedule hereto, is hereby declared an Improvement Area.

area lying within the jurisdiction of the Lusaka Urban District Council and
described in the Schedule hereto, is hereby declared an Improvement Area.

Declaration of
Improvement Area
SCHEDULE
(Paragraph 2)
IMPROVEMENT AREA: GEORGE COMPLEX
All that area of land shown bordered green on Plan/Drawing No. 42 approved by the
Surveyor-General and dated 7th August, 1981, and deposited by the Lusaka Urban District Council
with the Surveyor-General, the Commissioner of Lands and with the Registrar of Lands and Deeds. SECTION 4-THE STATUTORY HOUSING AREA (LIBALA STAGE I) (DECLARATION) O RDER. Order by the Minister
Statutory Instrument
59 of 1982

of Lands and Deeds. SECTION 4-THE STATUTORY HOUSING AREA (LIBALA STAGE I) (DECLARATION) O RDER. Order by the Minister
Statutory Instrument
59 of 1982

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1. This Order may be cited as the Statutory Housing Area (Libala Stage I)
(Declaration) Order. Title
2. The area lying within the jurisdiction of the Lusaka Urban District Council and
described in the Schedule hereto is hereby declared a Statutory Housing Area. Declaration of
Statutory Housing
Area
SCHEDULE
(Paragraph 2)
STATUTORY HOUSING AREA: LIBALA STAGE I
All that area of land bordered red on Plan No. A1276 approved by the Surveyor-General and dated
30th December, 1981, and deposited by the Lusaka Urban District Council with the
Surveyor-General, the Commissioner of Lands and with the Registrar of Lands and Deeds. SECTION 4-THE STATUTORY HOUSING AREA (KANSUSWA
STAGES A, B, C AND D) (DECLARATION) O RDER. Order by the Minister
Statutory Instrument
35 of 1983
1. This Order may be cited as the Statutory Housing Area (Kansuswa Stages A, B,
C and D) (Declaration) Order. Title
2. The areas lying within the jurisdiction of the Mufulira District Council and
described in the Schedule hereto are hereby declared Statutory Housing Areas.

areas lying within the jurisdiction of the Mufulira District Council and
described in the Schedule hereto are hereby declared Statutory Housing Areas.

Declaration of
Statutory Housing
Area
SCHEDULE
(Paragraph 2)
STATUTORY HOUSING AREA: KANSUSWA STAGE A
All that area of land shown bordered red on Plan No. KSP/28, approved by the Surveyor-General and
dated 18th January, 1983, and deposited by the Mufulira District Council with the Surveyor-General,
the Commissioner of Lands, and with the Registrar of Lands and Deeds.

1983, and deposited by the Mufulira District Council with the Surveyor-General,
the Commissioner of Lands, and with the Registrar of Lands and Deeds.

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STATUTORY HOUSING AREA: KANSUSWA STAGE B
All that area of land shown bordered red on Plan No KSP/29, approved by the Surveyor-General and
dated 18th January, 1983, and deposited by the Mufulira District Council with the Surveyor-General,
the Commissioner of Lands, and with the Registrar of Lands and Deeds. STATUTORY HOUSING AREA: KANSUSWA STAGE C
All that area of land shown bordered red on Plan No. KSP/30, approved by the Surveyor-General and
dated 18th January, 1983, and deposited by the Mufulira District Council with the Surveyor-General,
the Commissioner of Lands, and with the Registrar of Lands and Deeds. STATUTORY HOUSING AREA: KANSUSWA STAGE D
All that area of land shown bordered red on Plan No. KSP/31, approved by the Surveyor-General and
dated 18th January, 1983, and deposited by the Mufulira District Council with the Surveyor-General,
the Commissioner of Lands, and with the Registrar of Lands and Deeds. SECTION 4-THE STATUTORY HOUSING AREA (PAMODZI ) (DECLARATION) O RDER. Order by the Minister
Statutory Instrument
45 of 1983
1.

rar of Lands and Deeds. SECTION 4-THE STATUTORY HOUSING AREA (PAMODZI ) (DECLARATION) O RDER. Order by the Minister
Statutory Instrument
45 of 1983
1.

This Order may be cited as the Statutory Housing Area (Pamodzi) (Declaration)
Order. Title
2. The area lying within the jurisdiction of the Ndola Urban District Council and
described in the Schedule hereto is hereby declared a Statutory Housing Area. Declaration of
Statutory Housing
Area
SCHEDULE
(Paragraph 2)
All that area of land shown bordered red on Plan No. 2/17/1276, approved by the Surveyor-General
and dated 3rd March, 1983, and deposited by the Ndola Urban District Council with the
Surveyor-General, the Commissioner of Lands, and with the Registrar of Lands and Deeds. SECTION 4-THE STATUTORY HOUSING AREA (KAMUCHANGA
STAGES A, B, C, D, E AND F) (DECLARATION) O RDER. Order by the Minister
Statutory Instrument
111 of 1983

TION 4-THE STATUTORY HOUSING AREA (KAMUCHANGA
STAGES A, B, C, D, E AND F) (DECLARATION) O RDER. Order by the Minister
Statutory Instrument
111 of 1983

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1. This Order may be cited as the Statutory Housing Area (Kamuchanga Stages A,
B, C, D, E and F) (Declaration) Order. Title
2. The areas lying within the jurisdiction of the Mufulira District Council and
described in the Schedule hereto are hereby declared Statutory Housing Areas. Declaration of
Statutory Housing
Area
SCHEDULE
(Paragraph 2)
STATUTORY HOUSING AREA: KAMUCHANGA STAGE A
All that area of land shown bordered red on Plan No. 2A/178, approved by the Surveyor-General and
dated 5th April, 1983, and deposited by the Mufulira District Council with the Surveyor-General, the
Commissioner of Lands, and with the Registrar of Lands and Deeds. STATUTORY HOUSING AREA: KAMUCHANGA STAGE B
All that area of land shown bordered red on Plan No. 2A/177, approved by the Surveyor-General and
dated 5th April, 1983, and deposited by the Mufulira District Council with the Surveyor-General, the
Commissioner of Lands, and with the Registrar of Lands and Deeds. STATUTORY HOUSING AREA: KAMUCHANGA STAGE C
All that area of land shown bordered red on Plan No.

r of Lands, and with the Registrar of Lands and Deeds. STATUTORY HOUSING AREA: KAMUCHANGA STAGE C
All that area of land shown bordered red on Plan No.

2A/179, approved by the Surveyor-General and
dated 5th April, 1983, and deposited by the Mufulira District Council with the Surveyor-General, the
Commissioner of Lands, and with the Registrar of Lands and Deeds. STATUTORY HOUSING AREA: KAMUCHANGA STAGE D
All that area of land shown bordered red on Plan No. 2A/174, approved by the Surveyor-General and
dated 5th April, 1983, and deposited by the Mufulira District Council with the Surveyor-General, the
Commissioner of Lands, and with the Registrar of Lands and Deeds. SECTION 4-THE STATUTORY HOUSING AREA (DAMBWA NORTH) (DECLARATION) O RDER. Order by the Minister
Statutory Instrument
134 of 1983
1. This Order may be cited as the Statutory Housing Area (Dambwa North)
(Declaration) Order. Title

er by the Minister
Statutory Instrument
134 of 1983
1. This Order may be cited as the Statutory Housing Area (Dambwa North)
(Declaration) Order. Title

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2. The area lying within the jurisdiction of the Livingstone District Council and
described in the Schedule hereto is hereby declared a Statutory Housing Area. Declaration of
Statutory Housing
Area
SCHEDULE
(Paragraph 2)
STATUTORY HOUSING AREA: DAMBWA NORTH
All that area of land shown bordered green on Plan/Drawing No. 1032/1/L, approved by the
Surveyor-General and dated 12th August, 1983, and deposited by the Livingstone District Council
with the Surveyor-General, the Commissioner of Lands and with the Registrar of Lands and Deeds. SECTION 4-THE STATUTORY HOUSING AREA (MATERO-SITE I) (DECLARATION) O RDER. Order by the Minister
Statutory Instrument
28 of 1994
1. This Order may be cited as the Statutory Housing Area (Matero-Site I)
(Declaration) Order. Title
2. The area lying within the jurisdiction of the Lusaka Urban District Council and
described in the Schedule hereto is hereby declared a Statutory Housing Area. Declaration of
Statutory Housing
Area
SCHEDULE
(Paragraph 2)
STATUTORY HOUSING AREA: MATERO-SITE I
All that area of land shown bordered green on Plan No.

laration of
Statutory Housing
Area
SCHEDULE
(Paragraph 2)
STATUTORY HOUSING AREA: MATERO-SITE I
All that area of land shown bordered green on Plan No.

S/43, approved by the Surveyor-General and
dated 7th August, 1981, and deposited by the Lusaka Urban District Council with the
Surveyor-General, the Commissioner of Lands and with the Registrar of Lands and Deeds. SECTION 4-THE STATUTORY HOUSING AREA (KABWATA -SITE 6) (DECLARATION) O RDER. Order by the Minister
Statutory Instrument
29 of 1984

of Lands and Deeds. SECTION 4-THE STATUTORY HOUSING AREA (KABWATA -SITE 6) (DECLARATION) O RDER. Order by the Minister
Statutory Instrument
29 of 1984

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1. This Order may be cited as the Statutory Housing Area (Kabwata-Site 6)
(Declaration) Order. Title
2. The area lying within the jurisdiction of the Lusaka Urban District Council and
described in the Schedule hereto is hereby declared a Statutory Housing Area. Declaration of
Statutory Housing
Area
SCHEDULE
(Paragraph 2)
STATUTORY HOUSING AREA: KABWATA-SITE 6
All that area of land shown bordered green on Plan/Drawing No. S/41, approved by the
Surveyor-General and dated 3rd July, 1981, and deposited by the Lusaka Urban District Council with
the Surveyor-General, the Commissioner of Lands and with the Registrar of Lands and Deeds. T HE STATUTORY HOUSING AREA (LUANGWA)
(DECLARATION) O RDER. Order by the Minister
Statutory Instrument
99 of 1985
1. This Order may be cited as the Statutory Housing Area (Luangwa) (Declaration)
Order. Title
2. The area lying within the jurisdiction of the Kitwe District Council and described
in the Schedule hereto is hereby declared a Statutory Housing Area.

The area lying within the jurisdiction of the Kitwe District Council and described
in the Schedule hereto is hereby declared a Statutory Housing Area.

Declaration of
Statutory Housing
Area
SCHEDULE
(Paragraph 2)
STATUTORY HOUSING AREA: LUANGWA
All that area of land shown bordered red on Plan/Drawing No. TP/97/4B, approved by the
Surveyor-General and dated 29th April, 1985, and deposited by the Kitwe District Council with the
Surveyor-General, the Commissioner of Lands and with the Registrar of Lands and Deeds.

ril, 1985, and deposited by the Kitwe District Council with the
Surveyor-General, the Commissioner of Lands and with the Registrar of Lands and Deeds.

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T HE STATUTORY HOUSING AREA (BULANGILILO)
(DECLARATION) O RDER. Order by the Minister
Statutory Instrument
100 of 1985
1. This Order may be cited as the Statutory Housing Area (Bulangililo)
(Declaration) Order. Title
2. The area lying within the jurisdiction of the Kitwe District Council and described
in the Schedule hereto is hereby declared a Statutory Housing Area. Declaration of
Statutory Housing
Area
SCHEDULE
(Paragraph 2)
STATUTORY HOUSING AREA: BULANGILILO
All that area of land shown bordered red on Plan/Drawing No. TP/87/39, approved by the
Surveyor-General and dated 29th April, 1985, and deposited by the Kitwe District Council with the
Surveyor-General, the Commissioner of Lands and with the Registrar of Lands and Deeds. SECTION 4-THE STATUTORY HOUSING AREA (BULANGILILO SOUTH EXTENSION)
(DECLARATION) O RDER
Order by the Minister
Statutory Instrument
101 of 1985
1. This Order may be cited as the Statutory Housing Area (Bulangililo South
Extension) (Declaration) Order. Title
2.

Statutory Instrument
101 of 1985
1. This Order may be cited as the Statutory Housing Area (Bulangililo South
Extension) (Declaration) Order. Title
2.

The area lying within the jurisdiction of the Kitwe District Council and described
in the Schedule hereto is hereby declared a Statutory Housing Area. Declaration of
Statutory Housing
Area
SCHEDULE
(Paragraph 2)
STATUTORY HOUSING AREA: BULANGILILO SOUTH EXTENSION

by declared a Statutory Housing Area. Declaration of
Statutory Housing
Area
SCHEDULE
(Paragraph 2)
STATUTORY HOUSING AREA: BULANGILILO SOUTH EXTENSION

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All that area of land shown bordered red on Plan/Drawing No. TP/87/39(A), approved by the
Surveyor-General and dated 29th April, 1985, and deposited by the Kitwe District Council with the
Surveyor-General, the Commissioner of Lands and with the Registrar of Lands and Deeds. T HE STATUTORY HOUSING AREA (T WATASHA)
(DECLARATION) O RDER. Order by the Minister
Statutory Instrument
102 of 1985
1. This Order may be cited as the Statutory Housing Area (Twatasha) (Declaration)
Order. Title
2. The area lying within the jurisdiction of the Kitwe District Council and described
in the Schedule hereto is hereby declared a Statutory Housing Area. Declaration of
Statutory Housing
Area
SCHEDULE
(Paragraph 2)
STATUTORY HOUSING AREA: TWATASHA
All that area of land shown bordered red on Plan/Drawing No. TP/83/21, approved by the
Surveyor-General and dated 29th April, 1985, and deposited by the Kitwe District Council with the
Surveyor-General, the Commissioner of Lands and with the Registrar of Lands and Deeds. SECTION 4-THE STATUTORY HOUSING AREA (ELLAINE BRITTEL ) (DECLARATION) O RDER.

al, the Commissioner of Lands and with the Registrar of Lands and Deeds. SECTION 4-THE STATUTORY HOUSING AREA (ELLAINE BRITTEL ) (DECLARATION) O RDER.

Statutory Instrument
52 of 1986
Order by the Minister
1. This Order may be cited as the Statutory Housing Area (Ellaine Brittel)
(Declaration) Order. Title
2. The area lying within the jurisdiction of the Livingstone District Council and
described in the Schedule hereto is hereby declared a Statutory Housing Area. Declaration of
Statutory Housing
Area
SCHEDULE

tone District Council and
described in the Schedule hereto is hereby declared a Statutory Housing Area. Declaration of
Statutory Housing
Area
SCHEDULE

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(Paragraph 2)
STATUTORY HOUSING AREA: ELLAINE BRITTEL
All that area of land shown bordered green on Plan/Drawing No. 995/L, approved by the
Surveyor-General and dated the 7th February, 1986, and deposited by the Livingstone District
Council with the Surveyor-General, the Commissioner of Lands and with the Registrar of Lands and
Deeds. SECTION 4-THE STATUTORY HOUSING AREA (CHILENJE SOUTH
STAGE II) (DECLARATION) O RDER. Order by the Minister
Statutory Instrument
110 of 1986
1. This Order may be cited as the Statutory Housing Area (Chilenje South Stage II)
(Declaration) Order. Title
2. The area lying within the jurisdiction of the Lusaka Urban District Council and
described in the Schedule hereto is hereby declared a Statutory Housing Area. Declaration of
Statutory Housing
Area
SCHEDULE
(Paragraph 2)
STATUTORY HOUSING AREA: CHILENJE SOUTH STAGE II
All that area of land shown bordered red on Plan/Drawing No.

utory Housing
Area
SCHEDULE
(Paragraph 2)
STATUTORY HOUSING AREA: CHILENJE SOUTH STAGE II
All that area of land shown bordered red on Plan/Drawing No.

A/1313, approved by the
Surveyor-General and dated 2nd May, 1986, and deposited by the Lusaka Urban District Council with
the Surveyor-General, Commissioner of Lands and the Registrar of Lands and Deeds. SECTION 4-THE STATUTORY HOUSING AREA (KAUNDA SQUARE STAGE I) (DECLARATION)
O RDER
Order by the Minister
Statutory Instrument
111 of 1986
1. This Order may be cited as the Statutory Housing Area (Kaunda Square Stage
I) (Declaration) Order. Title

Minister
Statutory Instrument
111 of 1986
1. This Order may be cited as the Statutory Housing Area (Kaunda Square Stage
I) (Declaration) Order. Title

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2. The area lying within the jurisdiction of the Lusaka Urban District Council and
described in the Schedule hereto is hereby declared a Statutory Housing Area. Declaration of
Statutory Housing
Area
SCHEDULE
(Paragraph 2)
STATUTORY HOUSING AREA: KAUNDA SQUARE STAGE I
All that area of land shown bordered red on Plan No. A/1280, approved by the Surveyor-General and
dated 2nd May, 1986, and deposited by the Lusaka Urban District Council with the Surveyor-General,
Commissioner of Lands and the Registrar of Lands and Deeds. T HE STATUTORY HOUSING AREA (KAUNDA SQUARE STAGE II) (DECLARATION) O RDER. Order by the Minister
Statutory Instrument
112 of 1986
1. This Order may be cited as the Statutory Housing Area (Kaunda Square Stage
II) (Declaration) Order. Title
2. The area lying within the jurisdiction of the Lusaka Urban District Council and
described in the Schedule hereto is hereby declared a Statutory Housing Area. Declaration of
Statutory Housing
Area
SCHEDULE
(Paragraph 2)
STATUTORY HOUSING AREA: KAUNDA SQUARE STAGE II
All that area of land shown bordered red on Plan No.

n of
Statutory Housing
Area
SCHEDULE
(Paragraph 2)
STATUTORY HOUSING AREA: KAUNDA SQUARE STAGE II
All that area of land shown bordered red on Plan No.

A1325, approved by the Surveyor-General and
dated 2nd May, 1986, and deposited by the Lusaka Urban District Council with the Surveyor-General,
Commissioner of Lands and the Registrar of Lands and Deeds. SECTION 37-THE I MPROVEMENT AREA (KALINGALINGA ) (DECLARATION) O RDER. Order by the Minister
Statutory Instrument
153 of 1986

trar of Lands and Deeds. SECTION 37-THE I MPROVEMENT AREA (KALINGALINGA ) (DECLARATION) O RDER. Order by the Minister
Statutory Instrument
153 of 1986

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1. This Order may be cited as the Improvement Area (Kalingalinga) (Declaration)
Order. Title
2. The area lying within the jurisdiction of the Lusaka Urban District Council and
described in the Schedule hereto is hereby declared an Improvement Area. Declaration of
Improvement Area
SCHEDULE
(Paragraph 2)
IMPROVEMENT AREA: KALINGALINGA
All that area of land shown bordered red on Plan/Drawing No. A.1314 approved by the
Surveyor-General and dated 17th June, 1986, and deposited by the Lusaka Urban District Council
with the Surveyor-General, the Commissioner of Lands and the Registrar of Lands and Deeds. SECTION 4-THE STATUTORY HOUSING AREA (LIBALA STAGE II) (DECLARATION) O RDER. Order by the Minister
Statutory Instrument
54 of 1987
1. This Order may be cited as the Statutory Housing Area (Libala Stage II)
(Declaration) Order. Title
2. The area lying within the jurisdiction of the Lusaka Urban District Council and
described in the Schedule hereto is declared a Statutory Housing Area.

The area lying within the jurisdiction of the Lusaka Urban District Council and
described in the Schedule hereto is declared a Statutory Housing Area.

Declaration of
Statutory Housing
Area
SCHEDULE
(Paragraph 2)
STATUTORY HOUSING AREA: LIBALA STAGE II
All that area of land shown bordered red on Plan No. A.1319 approved by the Surveyor-General and
dated 31st October, 1986, and deposited by the Lusaka Urban District Council with the
Surveyor-General, the Commissioner of Lands and the Registrar of Lands and Deeds.

r, 1986, and deposited by the Lusaka Urban District Council with the
Surveyor-General, the Commissioner of Lands and the Registrar of Lands and Deeds.

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SECTION 4-THE STATUTORY HOUSING AREA (LIBALA STAGE III) (DECLARATION) O RDER. Order by the Minister
Statutory Instrument
55 of 1987
1. This Order may be cited as the Statutory Housing Area (Libala Stage III)
(Declaration) Order. Title
2. The area lying within the jurisdiction of the Lusaka Urban District Council and
described in the Schedule hereto is declared a Statutory Housing Area. Declaration of
Statutory Housing
Area
SCHEDULE
(Paragraph 2)
STATUTORY HOUSING AREA: LIBALA STAGE III
All that area of land shown bordered red on Plan No. A.1320 approved by the Surveyor-General and
dated 27th October, 1986, and deposited by the Lusaka Urban District Council with the
Surveyor-General, the Commissioner of Lands and the Registrar of Lands and Deeds. SECTION 4-THE STATUTORY HOUSING AREA (LIBALA STAGE IVA) (DECLARATION)
O RDER. Order by the Minister
Statutory Instrument
56 of 1987
1. This Order may be cited as the Statutory Housing Area (Libala Stage IVA)
(Declaration) Order. Title
2.

the Minister
Statutory Instrument
56 of 1987
1. This Order may be cited as the Statutory Housing Area (Libala Stage IVA)
(Declaration) Order. Title
2.

The area lying within the jurisdiction of the Lusaka Urban District Council and
described in the Schedule hereto is declared a Statutory Housing Area. Declaration of
Statutory Housing
Area
SCHEDULE
(Paragraph 2)
STATUTORY HOUSING AREA: LIBALA STAGE IVA

ule hereto is declared a Statutory Housing Area. Declaration of
Statutory Housing
Area
SCHEDULE
(Paragraph 2)
STATUTORY HOUSING AREA: LIBALA STAGE IVA

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All that area of land shown bordered red on Plan No. A.1318 approved by the Surveyor-General and
dated 27th October, 1986, and deposited by the Lusaka Urban District Council with the
Surveyor-General, the Commissioner of Lands and the Registrar of Lands and Deeds. SECTION 4-THE STATUTORY HOUSING AREA (MUTENDE ) (DECLARATION) O RDER. Order by the Minister
Statutory Instrument
71 of 1988
1. This Order may be cited as the Statutory Housing Area (Mutende) (Declaration)
Order. Title
2. The area lying within the jurisdiction of the Mansa District Council and described
in the Schedule to this Order is hereby declared a Statutory Housing Area. Declaration of
Statutory Housing
Area
SCHEDULE
(Paragraph 2)
STATUTORY HOUSING AREA: MUTENDE
All that area of land known as Mutende, shown bordered red on Plan No. A/04/01/32/01/02A,
approved by the Surveyor-General and dated 25th September, 1979, and deposited by the Mansa
District Council and the National Housing Authority with the Surveyor-General and Registrar of Lands
and Deeds. SECTION 4-THE STATUTORY HOUSING AREA (CHAWAMA W EST) (DECLARATION) O RDER.

using Authority with the Surveyor-General and Registrar of Lands
and Deeds. SECTION 4-THE STATUTORY HOUSING AREA (CHAWAMA W EST) (DECLARATION) O RDER.

Order by the Minister
Statutory Instrument
13 of 1989
1. This Order may be cited as the Statutory Housing Area (Chawama West)
(Declaration) Order. Title
2. The area lying within the jurisdiction of the Lusaka Urban District Council and
described in the Schedule to this Order is hereby declared a Statutory Housing Area. Declaration of
Statutory Housing
Area
SCHEDULE
(Paragraph 2)

and
described in the Schedule to this Order is hereby declared a Statutory Housing Area. Declaration of
Statutory Housing
Area
SCHEDULE
(Paragraph 2)

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STATUTORY HOUSING AREA: CHAWAMA WEST
All that area of land shown bordered red on Plan No. 1282, approved by the Surveyor-General and
dated 1st November, 1988, and deposited by the Lusaka Urban District Council with the
Surveyor-General, Commissioner of Lands and the Registrar of Lands and Deeds. SECTION 4-THE STATUTORY HOUSING AREA (EMMASDALE BANK HOUSING AREA )
(DECLARATION) O RDER. Order by the Minister
Statutory Instrument
14 of 1989
1. This Order may be cited as the Statutory Housing Area (Emmasdale Bank
Housing Area) (Declaration) Order. Title
2. The area lying within the jurisdiction of the Lusaka Urban District Council and
described in the Schedule to this Order is hereby declared a Statutory Housing Area. Declaration of
Statutory Housing
Area
SCHEDULE
(Paragraph 2)
STATUTORY HOUSING AREA: EMMASDALE BANK HOUSING AREA
All that area of land shown bordered red on Plan No. A1331, approved by the Surveyor-General and
dated 14th March, 1988, and deposited by the Lusaka Urban District Council with the
Surveyor-General, Commissioner of Lands and the Registrar of Lands and Deeds.

March, 1988, and deposited by the Lusaka Urban District Council with the
Surveyor-General, Commissioner of Lands and the Registrar of Lands and Deeds.

SECTION 37-THE I MPROVEMENT AREA (MTENDERE)
(DECLARATION) O RDER. Order by the Minister
Statutory Instrument
36 of 1990
1. This Order may be cited as the Improvement Area (Mtendere) (Declaration)
Order. Title
2. The area lying within the jurisdiction of the Lusaka Urban Council and described
in the Schedule to this Order is hereby declared an Improvement Area. Declaration of
Improvement Area

iction of the Lusaka Urban Council and described
in the Schedule to this Order is hereby declared an Improvement Area. Declaration of
Improvement Area

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SCHEDULE
(Paragraph 2)
IMPROVEMENT AREA: MTENDERE
All that area of land shown on Plan/Drawing No. A/1333 approved by the Surveyor-General and
dated 9th October, 1989, and deposited by the Lusaka Urban District Council with the
Surveyor-General, the Commissioner of Lands and the Registrar of Lands and Deeds. SECTION 37-THE I MPROVEMENT AREA (CHIPATA)
(DECLARATION) O RDER. Order by the Minister
Statutory Instrument
78 of 1990
1. This Order may be cited as the Improvement Area (Chipata) (Declaration)
Order. Title
2. The area lying within the jurisdiction of the Lusaka Urban District Council and
described in the Schedule to this Order is hereby declared an Improvement Area. Declaration of
Improvement Area
SCHEDULE
(Paragraph 2)
IMPROVEMENT AREA: CHIPATA
All that area of land shown bordered red on Plan/Drawing No. A.1336 approved by the
Surveyor-General and dated 18th January, 1990, and deposited by the Lusaka Urban District Council
with the Surveyor-General, the Commissioner of Lands and the Registrar of Lands and Deeds. (No.

90, and deposited by the Lusaka Urban District Council
with the Surveyor-General, the Commissioner of Lands and the Registrar of Lands and Deeds. (No.

78 of 1990)
SECTION 4-THE STATUTORY HOUSING AREA (KAWAMA ) (DECLARATION) O RDER. Order by the Minister
Statutory Instrument
101 of 1994
1. This Order may be cited as the Statutory Housing Area (Kawama) (Declaration)
Order. Title

R. Order by the Minister
Statutory Instrument
101 of 1994
1. This Order may be cited as the Statutory Housing Area (Kawama) (Declaration)
Order. Title

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2. The area lying within the jurisdiction of the City Council of Ndola and described
in the Schedule to this Order is hereby declared a Statutory Housing Area. Declaration of
Statutory Housing
Area
SCHEDULE
(Paragraph 2)
All that piece of land in extent 101.1592 hectares more or less being Stand No. 5524, and all that
piece of land in extent 48.7784 hectares more or less being Stand No. 4299 both situated at Ndola in
the Copperbelt Province and bordered red on Drawing No. 1/16/1277, approved and signed by the
Surveyor-General and dated 11th January, 1988 and deposited by the Ndola City Council with the
Surveyor-General, the Commissioner of Lands and the Registrar of Lands and Deeds. All that area of land shown bordered red on Plan/Drawing No. 1132, approved by the
Surveyor-General on the 30th August, 1994, and deposited by the Livingstone Municipal Council with
the Surveyor-General, the Commissioner of Lands and the Registrar of Lands and Deeds. SECTION 4-THE STATUTORY HOUSING AREAS (MUNDASE ESTATES ) (DECLARATION)
O RDER. Order by the Minister
Statutory Instrument
144 of 1994
1.

ds and Deeds. SECTION 4-THE STATUTORY HOUSING AREAS (MUNDASE ESTATES ) (DECLARATION)
O RDER. Order by the Minister
Statutory Instrument
144 of 1994
1.

This Order may be cited as the Statutory Housing Area (Mundase Estates)
(Declaration) Order. Title
2. The area lying within the jurisdiction of the Livingstone Municipal Council and
described in the Schedule hereto is hereby declared a Statutory Housing Area. Declaration of
Statutory Housing
Area
SCHEDULE
(Paragraph 2)
STATUTORY HOUSING AREA: MUNDASE ESTATES
All that area of land shown bordered red on Plan/Drawing No. 1132, approved by the
Surveyor-General on the 30th August, 1994, and deposited by the Livingstone Municipal Council with
the Surveyor-General, the Commissioner of Lands and the Registrar of Lands and Deeds. SECTION 4-THE STATUTORY HOUSING AREA (KASHITU COMPOUND) (DECLARATION)
O RDER. Order by the Minister
Statutory Instrument
145 of 1994

Lands and Deeds. SECTION 4-THE STATUTORY HOUSING AREA (KASHITU COMPOUND) (DECLARATION)
O RDER. Order by the Minister
Statutory Instrument
145 of 1994

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1. This Order may be cited as the Statutory Housing Area (Kashitu Compound)
(Declaration) Order. Title
2. The area lying within the jurisdiction of the Livingstone Municipal Council and
described in the Schedule hereto is hereby declared a Statutory Housing Area. Declaration of
Statutory Housing
Area
SCHEDULE
(Paragraph 2)
STATUTORY HOUSING AREA: KASHITU COMPOUND
All that area of land shown bordered red on Plan/Drawing No. 1174, approved by the
Surveyor-General on the 30th August, 1994, and deposited by the Livingstone Municipal Council with
the Surveyor-General, the Commissioner of Lands and the Registrar of Lands and Deeds. SECTION 4-THE STATUTORY HOUSING AREA (G ARDEN SITE 3) (DECLARATION) O RDER. Order by the Minister
Statutory Instrument
160 of 1995
1. This Order may be cited as the Statutory Housing Area (Garden Site 3)
(Declaration) Order. Title
2. The area lying within the jurisdiction of the Lusaka City Council and described in
the Schedule hereto is hereby declared a Statutory Housing Area. Declaration of
Statutory Housing
Area
3.

of the Lusaka City Council and described in
the Schedule hereto is hereby declared a Statutory Housing Area. Declaration of
Statutory Housing
Area
3.

The improvement Area (Garden Site 3) (Declaration) Order, 1990, is hereby
revoked. Revocation of S.I. No. 72 of 1990
SCHEDULE
(Paragraph 2)
All that area of land shown bordered red on Plan/Drawing No. A-1324, approved by the
Surveyor-General and dated 27th April 1989, and deposited by the Lusaka City Council with the
Surveyor-General, the Commissioner of Lands and the Registrar of Lands and Deeds.

d 27th April 1989, and deposited by the Lusaka City Council with the
Surveyor-General, the Commissioner of Lands and the Registrar of Lands and Deeds.

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SECTION 4-THE STATUTORY HOUSING AREA (G ARDEN SITE 4) (DECLARATION) O RDER. Order by the Minister
Statutory Instrument
161 of 1995
1. This Order may be cited as the Statutory Housing Area (Garden Site 4)
(Declaration) Order. Title
2. The area lying within the jurisdiction of the Lusaka City Council and described in
the Schedule hereto is hereby declared a Statutory Housing Area. Declaration of
Statutory Housing
Area
3. The Improvement Area (Garden Site 4) (Declaration) Order, 1990, is hereby
revoked. Revocation of S.I. No. 73 of 1990
SCHEDULE
(Paragraph 2)
All that area of land shown bordered red on Plan/Drawing No. A-1323, approved by the
Surveyor-General and dated 27th April 1989, and deposited by the Lusaka City Council with the
Surveyor-General, the Commissioner of Lands and the Registrar of Lands and Deeds. SECTION 4-THE STATUTORY HOUSING AREA (MATINANGALA SITE AND SERVICE ,
SIAVONGA T OWNSHIP ) (DECLARATION) O RDER. Order by the Minister
Statutory Instrument
140 of 1997
1.

TORY HOUSING AREA (MATINANGALA SITE AND SERVICE ,
SIAVONGA T OWNSHIP ) (DECLARATION) O RDER. Order by the Minister
Statutory Instrument
140 of 1997
1.

This Order may be cited as the Statutory Housing Area (Matinangala Site and
Service, Siavonga Township) (Declaration) Order. Title
2. The area lying within the jurisdiction of the Siavonga District Council and
described in the Schedule hereto is hereby declared a Statutory Housing Area. Declaration of
Statutory Housing
Area
SCHEDULE
(Paragraph 2)
All that piece of land in extent of 35.84 hectares situated within Siavonga District Council area and
shown bordered green on Plan No. SIA/12, approved and signed by the Surveyor-General and dated
11th March, 1997 and deposited by the Siavonga District Council with the Surveyor-General, the
Commissioner of Lands and the Registrar of Lands and Deeds.

March, 1997 and deposited by the Siavonga District Council with the Surveyor-General, the
Commissioner of Lands and the Registrar of Lands and Deeds.

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SECTION 4-THE STATUTORY HOUSING AREA (MUTENDERE SITE AND SERVICE ,
CHIRUNDU T OWNSHIP ) (DECLARATION) O RDER. Order by the Minister
Statutory Instrument
141 of 1997
1. This Order may be cited as the Statutory Housing Area (Mutendere Site and
Service, Chirundu Township) (Declaration) Order. Title
2. The area lying within the jurisdiction of the Siavonga District Council and
described in the Schedule hereto is hereby declared a Statutory Housing Area. Declaration of
Statutory Housing
Area
SCHEDULE
(Paragraph 2)
All that piece of land shown in extent of 14.00 hectares more or less being stand No. 538 situated
within Siavonga District Council area and shown bordered green on Plan No. SIA/10, approved and
signed by the Surveyor-General, and dated 11th March, 1997 and deposited by the Siavonga District
Council with the Surveyor-General, the Commissioner of Lands and the Registrar of Lands and
Deeds. SECTION 4-THE STATUTORY HOUSING AREA (KWACHA T OWNSHIP ) (DECLARATION)
O RDER. Order by the Minister
Statutory Instrument
75 of 1996
1.

nds and
Deeds. SECTION 4-THE STATUTORY HOUSING AREA (KWACHA T OWNSHIP ) (DECLARATION)
O RDER. Order by the Minister
Statutory Instrument
75 of 1996
1.

This Order may be cited as the Statutory Housing Area (Kwacha Township)
(Declaration) Order. Title
2. The area lying within the jurisdiction of the Kitwe City Council and described in
the Schedule hereto is hereby declared a Statutory Housing Area. Declaration of
Statutory Housing
Area
SCHEDULE
(Paragraph 2)
All that area of land shown bordered red on Plan/Drawing No. TP/39/37 approved by the
Surveyor-General on the 3rd May, 1996, and deposited by Kitwe City Council with the
Surveyor-General, the Commissioner of Lands and the Registrar of Lands and Deeds..

on the 3rd May, 1996, and deposited by Kitwe City Council with the
Surveyor-General, the Commissioner of Lands and the Registrar of Lands and Deeds..

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SECTION 4-THE STATUTORY HOUSING AREA (BUCHI T OWNSHIP ) (DECLARATION) O RDER. Order by the Minister
Statutory Instrument
77 of 1996
1. This Order may be cited as the Statutory Housing Area (Buchi Township)
(Declaration) Order. Title
2. The area lying within the jurisdiction of the Kitwe City Council and described in
the Schedule hereto is hereby declared a Statutory Housing Area. Declaration of
Statutory Housing
Area
SCHEDULE
(Paragraph 2)
All that area of land shown bordered red on Plan/Drawing No. TP/35/25 approved by the
Surveyor-General on the 3rd May, 1996, and deposited by Kitwe City Council with the
Surveyor-General, the Commissioner of Lands and the Registrar of Lands and Deeds. SECTION 4-THE STATUTORY HOUSING AREA (KAMWALA ) (DECLARATION) O RDER. Order by the Minister
Statutory Instrument
85 of 1996
1. This Order may be cited as the Statutory Housing Area (Kamwala Township)
(Declaration) Order. Title
2. The area lying within the jurisdiction of the Lusaka City Council and described in
the Schedule hereto is hereby declared a Statutory Housing Area.

2. The area lying within the jurisdiction of the Lusaka City Council and described in
the Schedule hereto is hereby declared a Statutory Housing Area.

Declaration of
Statutory Housing
Area
SCHEDULE
(Paragraph 2)
All that piece of land in extent of 28.778 hectares more or less being Stand No. 4807 situated within
Lusaka City Council Planning Authority area and shown bordered red on Drawing No. A-1315,
approved by the Surveyor-General and dated 11th September, 1989 and deposited by the Lusaka
City Council with the Surveyor-General, the Commissioner of Lands and the Registrar of Lands and
Deeds. SECTION 4-THE STATUTORY HOUSING AREA (LIBALA STAGE II) (DECLARATION) O RDER
Order by the Minister
Statutory Instrument
86 of 1996

of Lands and
Deeds. SECTION 4-THE STATUTORY HOUSING AREA (LIBALA STAGE II) (DECLARATION) O RDER
Order by the Minister
Statutory Instrument
86 of 1996

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1. This Order may be cited as the Statutory Housing Area (Libala Stage II)
(Declaration) Order. Title
2. The area lying within the jurisdiction of the Lusaka City Council and described in
the Schedule hereto is hereby declared a Statutory Housing Area. Declaration of
Statutory Housing
Area
SCHEDULE
(Paragraph 2)
All that piece of land in extent of 17.0858 hectares more or less being Stand No. 11062 situated
within Lusaka City Council Planning Authority area and shown bordered red on Drawing No. A-1319,
approved by the Surveyor-General and dated 31st October, 1986 and deposited by the Lusaka City
Council with the Surveyor-General, the Commissioner of Lands and the Registrar of Lands and
Deeds. SECTION 4-THE STATUTORY HOUSING AREA (LIBALA STAGE III) (DECLARATION) O RDER
Order by the Minister
Statutory Instrument
87 of 1996
1. This Order may be cited as the Statutory Housing Area (Libala Stage III)
(Declaration) Order. Title
2. The area lying within the jurisdiction of the Lusaka City Council and described in
the Schedule hereto is hereby declared a Statutory Housing Area.

2. The area lying within the jurisdiction of the Lusaka City Council and described in
the Schedule hereto is hereby declared a Statutory Housing Area.

Declaration of
Statutory Housing
Area
SCHEDULE
(Paragraph 2)
All that piece of land in extent of 32.5153 hectares more or less being Stand No. 11063 situated
within Lusaka City Council Planning Authority area and shown bordered red on Drawing No. A-1320,
approved by the Surveyor-General and dated 27th October, 1986 and deposited by the Lusaka City
Council with the Surveyor-General, the Commissioner of Lands and the Registrar of Lands and
Deeds. SECTION 4-THE STATUTORY HOUSING AREA (CHUNGA ) (DECLARATION) O RDER. Order by the Minister
Statutory Instrument
118 of 1996

istrar of Lands and
Deeds. SECTION 4-THE STATUTORY HOUSING AREA (CHUNGA ) (DECLARATION) O RDER. Order by the Minister
Statutory Instrument
118 of 1996

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1. This Order may be cited as the Statutory Housing Area (Chunga) (Declaration)
Order. Title
2. The area lying within the jurisdiction of the Lusaka City Council and described in
the Schedule hereto is hereby declared a Statutory Housing Area. Declaration of
Statutory Housing
Area
3. The Improvement Area (Chunga) (Declaration) Order, 1990, is hereby revoked. Revocation of S.I. No. 71 of 1990
SCHEDULE
(Paragraph 2)
All that piece of land in extent of 110.7789 hectares more or less being Stand No. 7398 situated
within Lusaka City Council Planning Authority area and shown bordered red on Drawing No. A-1317,
approved and signed by the Surveyor-General and dated 11th September, 1989 and deposited by
the Lusaka City Council with the Surveyor-General, the Commissioner of Lands and the Registrar of
Lands and Deeds. SECTION 4-THE STATUTORY HOUSING AREA (NDEKE T OWNSHIP ) (DECLARATION)
O RDER. Order by the Minister
Statutory Instrument
119 of 1996
1. This Order may be cited as the Statutory Housing Area (Ndeke Township)
(Declaration) Order. Title
2.

the Minister
Statutory Instrument
119 of 1996
1. This Order may be cited as the Statutory Housing Area (Ndeke Township)
(Declaration) Order. Title
2.

The area lying within the jurisdiction of the Kitwe City Council and described in
the Schedule hereto is hereby declared a Statutory Housing Area. Declaration of
Statutory Housing
Area
SCHEDULE
(Paragraph 2)
All that area of land shown bordered red on Plan/Drawing No. TP/71/14, approved by the
Surveyor-General on the 28th May 1996, and deposited by the Kitwe City Council with the
Surveyor-General, the Commissioner of Lands and the Registrar of Lands and Deeds. SECTION 4-THE STATUTORY HOUSING AREA (EAST OF KWACHA T OWNSHIP )
(DECLARATION) O RDER. Order by the Minister
Statutory Instrument
120 of 1996

d Deeds. SECTION 4-THE STATUTORY HOUSING AREA (EAST OF KWACHA T OWNSHIP )
(DECLARATION) O RDER. Order by the Minister
Statutory Instrument
120 of 1996

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1. This Order may be cited as the Statutory Housing Area (East of Kwacha
Township) (Declaration) Order. Title
2. The area lying within the jurisdiction of the Kitwe City Council and described in
the Schedule hereto is hereby declared a Statutory Housing Area. Declaration of
Statutory Housing
Area
SCHEDULE
(Paragraph 2)
All that piece of land in extent of 52.0227 hectares more or less being Stand No. 4537 situated within
Kitwe City Council Planning Authority area and shown bordered red on Plan/Drawing No. TP/88/22,
approved by the Surveyor-General on 28th May, 1996 and deposited by the Kitwe City Council with
the Surveyor-General, the Commissioner of Lands and the Registrar of Lands and Deeds. SECTION 4-THE STATUTORY HOUSING AREA (KALULUSHI T OWNSHIP ) (DECLARATION)
O RDER. Order by the Minister
Statutory Instrument
136 of 1996
1. This Order may be cited as the Statutory Housing Area (Kalulushi Township)
(Declaration) Order. Title
2. The area lying within the jurisdiction of the Kalulushi Municipal Council and
described in the Schedule hereto is hereby declared a Statutory Housing Area.

rea lying within the jurisdiction of the Kalulushi Municipal Council and
described in the Schedule hereto is hereby declared a Statutory Housing Area.

Declaration of
Statutory Housing
Area
SCHEDULE
(Paragraph 2)
All that piece of land in extent of 17.4860 hectares more or less being Stand No. 1516 situated within
Kalulushi Municipal Council area and shown bordered red on plan KAL/49, approved and signed by
the Surveyor-General and dated 9th July, 1996 and deposited by the Kalulushi Municipal Council
with the Surveyor-General, the Commissioner of Lands and the Registrar of Lands and Deeds. SECTION 4-THE STATUTORY HOUSING AREA (CHAMBISHI T OWNSHIP ) (DECLARATION)
(NO. 2) ORDER. Order by the Minister
Statutory Instrument
139 of 1996

Deeds. SECTION 4-THE STATUTORY HOUSING AREA (CHAMBISHI T OWNSHIP ) (DECLARATION)
(NO. 2) ORDER. Order by the Minister
Statutory Instrument
139 of 1996

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1. This Order may be cited as the Statutory Housing Area (Chambishi Township)
(Declaration) (No. 2) Order. Title
2. The area lying within the jurisdiction of the Kalulushi Municipal Council and
described in the Schedule hereto is hereby declared a Statutory Housing Area. Declaration of
Statutory Housing
Area
SCHEDULE
(Paragraph 2)
All that piece of land in extent of 17.0220 hectares more or less being Stand No. 885 situated within
Kalulushi Municipal Council area and shown bordered red on an unumbered plan, approved and
signed by the Surveyor-General and dated 9th July, 1996 and deposited by the Kalulushi Municipal
Council with the Surveyor-General, the Commissioner of Lands and the Registrar of Lands and
Deeds. THE HOUSING (STATUTORY AND IMPROVEMENT AREAS) REGULATIONS
PART I PRELIMINARYARRANGEMENT OF REGULATIONS
PART I
PRELIMINARY
Regulation
1. Title
PART II REGISTRATION OF TITLESPART II
REGISTRATION OF T ITLES
2. Presentation book
3. Register
4. Certificate of search
5. Form of search
6. Certificate of title
7. Form of transfer
8. Rights of transfer to be vested in transferee
9.

3. Register
4. Certificate of search
5. Form of search
6. Certificate of title
7. Form of transfer
8. Rights of transfer to be vested in transferee
9.

Determination of sub-lease or under-lease to be entered in register
10. Surrender of sub-lease or under-lease to be entered in register
11. Abandonment of sub-lease or under-lease

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PART III MORTGAGESPART III
M ORTGAGES
12. Form of mortgage
13. Mortgage to take effect as security
14. Powers of sale and transfer
15. Discharge of mortgage
16. Mortgage by deposit of documents
17. Discharge of mortgage by deposit of documents
18. Discharge of mortgage where mortgagee abroad
PART IV POWERS OF ATTORNEYPART IV
POWERS OF ATTORNEY
19. Form of power of attorney
20. Form of revocation of power of attorney
PART V TRANSMISSIONSPART V
T RANSMISSIONS
Section
21. Death of transferee of land
22. Death of transferee of charge or lease
23. Representative to hold property subject to trusts affecting it
24. Transmission after execution
25. Transmission to transferee preferred by court
PART VI GENERALPART VI
G ENERAL

erty subject to trusts affecting it
24. Transmission after execution
25. Transmission to transferee preferred by court
PART VI GENERALPART VI
G ENERAL

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26. Form of caveat
27. Form of summons
28. General conditions of sale
29. General conditions of a sub-lease
30. General conditions of a mortgage
31. Form of occupancy licence
32. Effect of occupancy licence
33. Council to supply schedule of fees
34. Sale of improvements
35. Certain sections to apply to Improvement Areas
36. Certain forms to apply to occupancy licence
37. Form of charge
38. Registration fees
F IRST SCHEDULE -Prescribed forms
SECOND SCHEDULE -General conditions of sale
T HIRD SCHEDULE -Terms of a lease, etc.
F OURTH SCHEDULE -Mortgage terms
F IFTH SCHEDULE -Terms of occupancy
SIXTH SCHEDULE -Registration fees
SECTION 47-THE HOUSING (STATUTORY AND
I MPROVEMENT AREAS ) REGULATIONS
Regulations by the Minister
Statutory Instrument
55 of 1975
108 of 1992
124 of 1993
Act No. 13 of 1994
PART I PRELIMINARYPART I
PRELIMINARY
1. These Regulations may be cited as the Housing (Statutory and Improvement
Areas) Regulations.
Title

13 of 1994
PART I PRELIMINARYPART I
PRELIMINARY
1. These Regulations may be cited as the Housing (Statutory and Improvement
Areas) Regulations.
Title

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PART II REGISTRATION OF TITLESPART II
REGISTRATION OF T ITLES
2. The presentation book required to be kept by a council registrar pursuant to
section twelve of the Act shall contain columns providing for the time and date of
lodgement, serial number, brief description of property, nature of transaction, name of the
person by whom a document is lodged, receiving officer's signature, date uplifted,
signature of officer uplifting, and remarks. Presentation book
3. The register required to be kept by a council registrar pursuant to section eleven
of the Act shall contain columns providing for the registered number of each document,
date of the document, date of registration, names of parties (assignor, grantor, and
assignee, grantee), consideration, nature of document, area, property description, and
reference numbers. Register
4.

parties (assignor, grantor, and
assignee, grantee), consideration, nature of document, area, property description, and
reference numbers. Register
4.

The certificate of official search to be issued by a council registrar pursuant to
section twenty of the Act shall contain the following certificate:
Certificate of search
"This is to certify that an official search has this day been made in the council registry of the council
of.................... in pursuance of requisition No. ............. dated the ...... day of......, 19...., in respect of ............. and that the following are the only entries relating thereto, subsequent to the ............. day of ................"
and shall be dated and signed by the council registrar. The details of all relative documents shall be set out in
columnar form, with columns provided respectively for the registered number of each document, date of the
document, date of registration, names of parties (assignor, grantor, and assignee, grantee), nature of the
document, area, property description, and reference numbers. 5. The requisition for an official search made pursuant to section twenty of the Act
shall be in accordance with Form 1 of the First Schedule and shall be lodged with the
council registrar along with the prescribed fee for such official search. Form of search
6.

Form 1 of the First Schedule and shall be lodged with the
council registrar along with the prescribed fee for such official search. Form of search
6.

(1) The certificate of title to be issued by a council registrar pursuant to section
seven of the Act shall be in accordance with Form 2 of the First Schedule. Certificate of title
(2) Upon the issue of a certificate of title in accordance with sub-regulation (1), all
previous certificates of title with respect to the property concerned shall be delivered to the
council registrar and cancelled by him.

ation (1), all
previous certificates of title with respect to the property concerned shall be delivered to the
council registrar and cancelled by him.

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(3) If a transfer purports to transfer the whole of the land mentioned in any certificate
of title, the council registrar may, instead of cancelling such certificate as provided by
sub-regulation (2), enter in the register and endorse on the certificate a memorandum of
such transfer and deliver the certificate so endorsed to the transferee, and every
certificate with such memorandum shall be as effectual for the purpose of evidencing the
title and for all other purposes as if the old certificate had been cancelled and a new
certificate had been issued to the transferee in his own name, and such process in lieu of
cancellation may be repeated upon every transfer of the whole of the land, but where in
the opinion of the council registrar any certificate cannot for want of space or other cause
conveniently bear any further endorsement, he may require its cancellation and the issue
of a new certificate.

cannot for want of space or other cause
conveniently bear any further endorsement, he may require its cancellation and the issue
of a new certificate.

(4) Where part only of the land is transferred, the council registrar shall apportion
any rent or other annual payments payable to the council in respect of such land and shall
enter on the certificate of title issued by him to the transferee and transferor the rent or the
annual payments thereafter payable in respect of the part transferred and the remainder,
respectively. (5) Where either party is dissatisfied with the apportionment made by the council
registrar, he may request the council registrar in writing to refer the question of
apportionment to a court, and the council registrar shall thereupon refer the same
accordingly. 7. (1) A transfer executed pursuant to section seven of the Act shall be in
accordance with Form 3 of the First Schedule. Such transfer shall be executed by the
transferor in original only, and shall refer to the grant, lease, or certificate of title of such
land, and shall contain a description of the land by reference to the plot number of the
relevant Statutory Housing Area Plan.

ficate of title of such
land, and shall contain a description of the land by reference to the plot number of the
relevant Statutory Housing Area Plan.

Form of transfer
(2) Upon the registration of any transfer of land, the interest of the transferor as set
forth in such instrument and all rights, powers and privileges thereto belonging or
appertaining shall vest in the transferee and such transferee shall thereupon become
subject to and liable for all and singular of the same requirements and liabilities to which
the transferor shall have been subject and liable if such transfer had not been made. 8. By virtue of every such transfer, the right to sue upon any mortgage or other
instrument, and to recover any money or damages thereunder, and all interest in any such
money or damages, shall be transferred so as to vest the same in the transferee thereof:
Rights of transferor to
be vested in transferee
Provided that nothing herein contained shall prevent the court from giving effect to
any trusts affecting the said money or damages in case the transferee holds the same in
trust for any other person.

nt the court from giving effect to
any trusts affecting the said money or damages in case the transferee holds the same in
trust for any other person.

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9. Where the transfer of land is by way of sub-lease or under-lease, the council
registrar, upon proof to his satisfaction of lawful re-entry and recovery of possession by
the sub-lessor or under-lessor, as the case may be, shall note the same by entry in the
register, and the sub-lease or the under-lease, as the case may be, shall thereupon
determine, but without releasing the sub-lessee or under-lessee from his liability in respect
of the breach of any agreements in such sub-lease or under-lease expressed or implied. Determination of
sub-lease or
under-lease to be
entered in register
10.

reach of any agreements in such sub-lease or under-lease expressed or implied. Determination of
sub-lease or
under-lease to be
entered in register
10.

Whenever any sub-lease or under-lease, as the case may be, is intended to be
surrendered, and the surrender thereof is effected otherwise than by operation of law,
there shall be endorsed upon such sub-lease or under-lease, as the case may be, the
word "surrendered", with the date of such surrender and such endorsement shall be
signed by the sub-lessee, and the sub-lessor or by the under-lessee and the under-lessor,
as the case may be, as evidence of the acceptance thereof, and shall be attested by the
council registrar; the council registrar thereupon shall enter in the register a memorial
recording the date of such surrender and shall likewise endorse upon the sub-lease or the
under-lease a memorandum recording the fact of such entry having been made in the
register and upon such entry having been so made, the interest of the sub-lessee or the
under-lessee in such land shall vest in the sub-lessor or the under-lessor or in the person
in whom, having regard to the intervening circumstances, if any, the said land would have
been then vested if no such sub-lease or under-lease had ever been executed and the
production of such sub-lease or under-lease or counterpart thereof bearing such endorsed
memorandum shall be sufficient evidence that such sub-lease or under-lease has been so
surrendered:
Surrender of sub-lease
or under-lease to be
entered in register
Provided that no sub-lease or under-lease subject to a mortgage shall be
surrendered without the consent of the mortgagee.

e to be
entered in register
Provided that no sub-lease or under-lease subject to a mortgage shall be
surrendered without the consent of the mortgagee.

11. Where a sub-lessee or under-lessee or his assignee has delivered to the
sub-lessor or under-lessor or his agent the duplicate of the sub-lease or under-lease,
accompanied by some writing signed by the sub-lessee or under-lessee or his assignee
and attested in a manner evidencing his intention to give up possession of the land
contained in such sub-lease or under-lease, the council registrar may, upon application to
him by the sub-lessor or under-lessor and production of such evidence as the council
registrar may require that the sub-lessee or under-lessee or his assignee has abandoned
occupation of the land contained in the said sub-lease or under-lease, make an entry in
the register of the surrender of such sub-lease or under-lease. Abandonment of
sub-lease or
under-lease
PART III MORTGAGESPART III
M ORTGAGES
12.

y in
the register of the surrender of such sub-lease or under-lease. Abandonment of
sub-lease or
under-lease
PART III MORTGAGESPART III
M ORTGAGES
12.

Whenever any land is intended to be mortgaged or made security in favour of
any person other than by way of deposit of documents of title, the mortgagor or if such
mortgagor lacks legal capacity, the guardian or other person appointed by the court to act
on his behalf in the matter shall execute the mortgage in Form 4 set out in the First
Schedule, which must be registered. Form of mortgage

ourt to act
on his behalf in the matter shall execute the mortgage in Form 4 set out in the First
Schedule, which must be registered. Form of mortgage

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13. A mortgage of any estate or interest in land shall have effect as security and
shall not operate as a transfer or lease of the estate or interest thereby mortgaged, but the
mortgagee shall have and shall be deemed always to have had the same protection,
powers and remedies (including a power of sale, the right to take proceedings to take
possession from the occupiers and the persons in receipt of rents and profits or any of
them and in the case of land in leasehold, the right to receive any notice relating to the
land the subject of the mortgage which under any law or instrument the mortgagor is
entitled to receive) as if the mortgage had so operated as a transfer or lease of the estate
or interest mortgaged. Mortgage to take
effect as security
14.

led to receive) as if the mortgage had so operated as a transfer or lease of the estate
or interest mortgaged. Mortgage to take
effect as security
14.

(1) A power of sale of the whole or any part or parts of any property subject to a
mortgage shall become exercisable by a mortgagee if any mortgage is made in the Form
4 set out in the First Schedule and the mortgage money payable thereunder has become
due and the mortgage is not redeemed before sale, and every such power of sale shall be
subject to the powers and obligations and other provisions relating to sales by mortgagees
contained in the Conveyancing and Law of Property Act, 1881, of the United Kingdom, or
any statutory modification thereof applicable in Zambia, but neither the council registrar
nor any person purchasing for value from such a mortgagee shall be bound or concerned
to see whether all or any of the provisions of that Act have been complied with or whether
any money remains due under the mortgage.

ound or concerned
to see whether all or any of the provisions of that Act have been complied with or whether
any money remains due under the mortgage.

Powers of sale and
transfer
(2) A mortgagee exercising the said power of sale shall have power to transfer to
the purchaser the whole estate or interest of the mortgagor in the property the subject of
the mortgage freed from the right of redemption by the mortgagor and freed from all
estates, interests and rights to which the mortgagee has priority, but subject to all estates,
interests and rights which have priority to the mortgage. (3) A transfer of mortgage shall not be registered unless such transfer is made in
Form 5 set out in the First Schedule. 15.

priority to the mortgage. (3) A transfer of mortgage shall not be registered unless such transfer is made in
Form 5 set out in the First Schedule. 15.

Upon the production of any mortgage having thereon an endorsement signed
by the mortgagee and attested in the manner prescribed for the attestation of instruments
discharging the land from the whole or part of the money secured or discharging any part
of the land contained in such instrument from the whole of such moneys, or upon proof of
the occurrence of the event upon which in accordance with the provisions of any
mortgage, the money thereby secured shall cease to be payable, and upon proof that all
arrears have been paid, satisfied or discharged, the council registrar shall make an entry
in the register noting that such mortgage is discharged, wholly or partially or that part of
the land is discharged as aforesaid, or that such mortgage is satisfied and discharged as
the case may require, and upon such entry being so made the land mentioned or referred
to in such endorsement as aforesaid, or other instrument evidencing that such mortgage
is satisfied and discharged, shall cease to be subject or liable for such moneys, or for the
part thereof, or subject to such mortgage, as the case may be, noted in such entry as
discharged, and the council registrar shall, in any or either such case as aforesaid,
endorse on the certificate of title of the land mortgaged a memorandum of the date to
which such entry as aforesaid was made by him in the register, whenever such certificate
is presented to him for that purpose.

morandum of the date to
which such entry as aforesaid was made by him in the register, whenever such certificate
is presented to him for that purpose.

Discharge of mortgage
16. (1) A mortgage may be created by the deposit of documents of title to land and
shall be evidenced by an instrument in writing in Form 6 set out in the First Schedule,
which shall be registered, and no charge by deposit of documents of title may be created
in any way other than as specified in this regulation. Mortgage by deposit of
documents

and no charge by deposit of documents of title may be created
in any way other than as specified in this regulation. Mortgage by deposit of
documents

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(2) In this regulation "document of title" means a grant, a certificate of title, a
registered mortgage, a lease, sub-lease or an under-lease. (3) A mortgage created by the deposit of documents when registered shall render
subject to the security thereof the same property as would have been affected by an
equitable mortgage had the land comprised in the mortgage not been registered and had
the transaction been effected by an equitable mortgage instead of by such mortgage. 17. A mortgage by way of deposit of documents may be discharged only by an
instrument in writing in Form 7 set out in the First Schedule, which shall be registered, and
no discharge may, except by an order of the court directing a council registrar to discharge
such mortgage, be effected in any way other than as specified in this regulation. Discharge of mortgage
by deposit of
documents
18.

strar to discharge
such mortgage, be effected in any way other than as specified in this regulation. Discharge of mortgage
by deposit of
documents
18.

If any person is entitled to pay off the mortgage and the registered mortgagee
is absent from Zambia, and there is no person authorised under a power of attorney to
give a receipt for the money, it shall be lawful for the council registrar to receive such
money with all arrears then due in trust for the person entitled thereto, and the council
registrar shall make an entry in the register discharging such mortgage, stating the day
and hour on which such entry is made, and such entry shall be a valid discharge for such
mortgage and shall have the same force and effect as is hereinbefore given to a like entry
when made upon production of the instrument of mortgage with the receipt of all the
charges payable thereunder, and the council registrar shall endorse on the certificate of
title and also on the instrument of mortgage, whenever the certificate and the instrument
are brought to him for that purpose, the several particulars hereinbefore prescribed to be
endorsed upon each of such instruments, respectively. Discharge of mortgage
where mortgagee
abroad
PART IV POWERS OF ATTORNEYPART IV
POWERS OF ATTORNEY
19.

sed upon each of such instruments, respectively. Discharge of mortgage
where mortgagee
abroad
PART IV POWERS OF ATTORNEYPART IV
POWERS OF ATTORNEY
19.

The transferee of any land, if not a person under a legal incapacity, may
appoint any person to act for him in respect of the transfer or other dealing with land in
accordance with the Act by executing a power in Form 8 set out in the First Schedule, and
a duplicate or an attested copy thereof shall be deposited with the council registrar, who
shall enter in the register a memorandum of the particulars therein contained and of the
date and hour of its deposit with him:
Form of power of
attorney
Provided that a power of attorney validly executed before the commencement of the
Act shall be registrable under this regulation but nothing in this regulation contained shall
make valid a power or any transaction under it otherwise invalid. 20. Any such power of attorney may be revoked by an instrument of revocation in
Form 9 set out in the First Schedule, and after the registration of any revocation of the
power of attorney the council registrar shall not give effect to any transfer or other
instrument signed pursuant to such power:
Form of revocation of
power of attorney

the council registrar shall not give effect to any transfer or other
instrument signed pursuant to such power:
Form of revocation of
power of attorney

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Provided that a revocation of any power of attorney referred to in the proviso to
regulation 19 shall be registrable under this regulation. PART V TransmissionsPART V
T RANSMISSIONS
21.

ower of attorney referred to in the proviso to
regulation 19 shall be registrable under this regulation. PART V TransmissionsPART V
T RANSMISSIONS
21.

Whenever the transferee of any land dies, the representative of the deceased
transferee shall, before any dealing with such land, make an application in writing to the
council registrar of the council within whose registry the land is situated and registered, to
be registered as a transferee, and shall produce to the council registrar the probate or
letters of administration, and thereupon the council registrar shall enter in the register a
memorial of the date of the probate or letters of administration, the date and hour of the
production of the same to him and the date of the death of such transferee, where the
same can be ascertained, and shall add the words "as representative" after the name of
the person to whom such probate or letters of administration was granted; and such
probate or letters
of administration was granted; and upon such entry being made the representative shall
be deemed to be the transferee of such land or such part thereof as for the time being
remains undisposed of, and the council registrar shall note the fact of such registration by
memorandum on the probate or letters of administration:
Death of transferee of
land
Provided that the title of the representative to such land shall relate back and take
effect as from the date of the death of the deceased transferee.

Provided that the title of the representative to such land shall relate back and take
effect as from the date of the death of the deceased transferee.

22. Whenever any mortgage, lease, sub-lease or under-lease affecting land is
transmitted in consequence of the death of the transferee thereof, the probate or letters of
administration, accompanied by an application in writing from the representative claiming
to be registered as transferee in respect of such mortgage, lease, sub-lease or
under-lease shall be produced to the council registrar, who shall thereupon enter in the
register, and on the instrument evidencing title to the mortgage, lease, sub-lease or
under-lease transmitted, the date of the issue of probate or letters of administration as
aforesaid, the date and hour of the production of the same to him and the date of the
death of such transferee, where the same can be ascertained, with such other particulars
as he may deem necessary; and upon such entry being made the representative shall be
deemed to be the transferee of such mortgage, lease, sub-lease or under-lease and the
council registrar shall note the fact of such registration by memorandum under his hand
on the document evidencing the issue of probate or letters of administration. Death of transferee of
charge or lease
23.

by memorandum under his hand
on the document evidencing the issue of probate or letters of administration. Death of transferee of
charge or lease
23.

Any person registered as the representative of a deceased person shall hold
the land in respect of which he is registered for the purpose to which the same is
applicable according to equity and good conscience, and subject to any trusts upon which
the deceased transferee held the same, but for the purpose of any registered dealings
with such land he shall, subject to the provisions of the Act, be deemed to be the absolute
transferee thereof. Representative to hold
property subject to
trusts affecting it

subject to the provisions of the Act, be deemed to be the absolute
transferee thereof. Representative to hold
property subject to
trusts affecting it

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24. (1) No execution or notice of sale for the recovery of any rent due in respect of
the piece or parcel of land in question shall affect such piece or parcel of land until the
council registrar of the council within whose registry such land is situated and registered is
served with a copy of the warrant of execution or notice of sale, as the case may be,
accompanied by a statement signed by the party interested, or by his agent, specifying the
land sought to be affected thereby, and after marking upon such copy the time of such
service, enters a notice thereof in the register.

specifying the
land sought to be affected thereby, and after marking upon such copy the time of such
service, enters a notice thereof in the register.

Transmission after
execution
(2) Such entry shall operate as a caveat against any alienation other than in
pursuance of the said warrant or notice of sale while the same remains in force, and after
any land so specified has been sold under any such warrant or notice of sale the council
registrar shall, on receiving a transfer thereof in Form 10 set out in the First Schedule,
make an entry thereof in the register and, on such entry being made, the purchaser shall
be deemed the transferee of such land:
Provided that, until such entry of notice has been made as aforesaid, no sale or
transfer under any such warrant or notice of sale shall be valid as against a bona fide
purchaser for value without notice of such sale or transfer.

r
transfer under any such warrant or notice of sale shall be valid as against a bona fide
purchaser for value without notice of such sale or transfer.

(3) Upon production to the council registrar of sufficient evidence of the satisfaction
of any warrant, a copy whereof has been served as aforesaid, or of the payment of the
arrears in respect of which the notice of sale, or copy thereof has been served as
aforesaid and of the interest and expenses, he shall cause an entry to be made in the
register to that effect, and on such entry being made such warrant or notice of sale shall
cease to affect any land specified as aforesaid unless a transfer upon a sale under such
warrant or notice of sale is registered within six months from the date on which the copy is
served. 25.

said unless a transfer upon a sale under such
warrant or notice of sale is registered within six months from the date on which the copy is
served. 25.

Whenever the court has made any order preferring as transferee of land any
person other than the registered transferee thereof, the council registrar, on being served
with a duly authenticated copy of such order, shall enter in the register and on the
instrument evidencing title to the said land the date of the said order, the date and hour of
its production to him, and the name and description of the person in whom the said order
purports to vest the said land, and such person shall thereupon be deemed to be the
transferee of such land, and unless and until such entry is made the said order shall not
affect such land. Transmission to
transferee preferred by
court
PART VI GENERALPART VI
G ENERAL
26. A caveat lodged with the council registrar pursuant to section twenty-six of the
Act shall be in Form 11 set out in the First Schedule, and shall be verified by the oath of
the caveator or his agent, and shall contain an address within Zambia at which notices
may be served. Form of caveat

shall be verified by the oath of
the caveator or his agent, and shall contain an address within Zambia at which notices
may be served. Form of caveat

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27. A summons issued by a council registrar pursuant to section thirty-six of the
Act shall be in Form 12 set out in the First Schedule. Form of summons
28. (1) Where an agreement is made according to Form 13 in the First Schedule for
the sale and purchase of any parcel of land in a Statutory Housing Area, or where any
other agreement for sale and purchase of land is expressed to be made pursuant to the
Act, such agreement shall have the same effect as if it contained the general conditions of
sale set out in the Second Schedule. General conditions of
sale
(2) The parties to any such agreement as is referred to in sub-regulation (1) may
introduce into or annex to such agreement any express exceptions from or express
qualifications to the general conditions of sale contained in the Second Schedule.

o or annex to such agreement any express exceptions from or express
qualifications to the general conditions of sale contained in the Second Schedule.

(3) Where the word "vendor" or "seller" or similar form of words occurs in any such
agreement as is referred to in sub-regulation (1), it shall be deemed to include the heirs,
executors, administrators, successors and assigns of such party; and where the word
"purchaser" or "buyer" or similar form of words occurs in any such agreement, it shall be
deemed to include the heirs, executors, administrators, successors and assigns of such
party. 29. (1) Where a sub-lease is made according to Form 14 in the First Schedule, or
where any other such sub-lease is expressed to be made in pursuance of the Act, and
such sub-lease contains any form of words set out in Column One of the Third Schedule,
such sub-lease shall have the same effect as if it contained the provisions set out in
Column Two of the Third Schedule. General conditions of
a sub-lease
(2) The parties to any such sub-lease as is referred to in sub-regulation (1) may
introduce into or annex to any form of words in Column One any express exceptions
therefrom or express qualifications thereto.

sub-regulation (1) may
introduce into or annex to any form of words in Column One any express exceptions
therefrom or express qualifications thereto.

(3) Proviso 12 and covenants 2 to 9 of the Third Schedule shall be deemed to be
made with and to apply to the lessor, his executors, administrators, successors and
assigns. (4) Where the word "lessor" occurs in Column Two it shall include the executors,
administrators, successors and assigns of the lessor; and where the word "lessee" occurs
in Column Two it shall include the executors, administrators, successors and assigns of
the lessee. (5) The word "lessor" where the context so requires shall be read and construed as
"sub-lessor", and the word "lessee" as "sub-lessee".

of
the lessee. (5) The word "lessor" where the context so requires shall be read and construed as
"sub-lessor", and the word "lessee" as "sub-lessee".

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(6) Any lease or sub-lease or part thereof which fails to take effect by virtue of these
Regulations shall nevertheless bind the parties thereto as if these Regulations had not
been issued. (7) Unless the contrary is expressly stated in the sub-lease, all covenants not to
assign or sub-let without leave entered by a sub-lessee in any sub-lease under the Act
shall run with the land demised, and shall bind the heirs, executors, administrators,
successors and assigns of the sub-lessee whether mentioned in the sub-lease or not,
unless by the terms of the sub-lease or otherwise it is expressly provided to the contrary;
and the proviso for re-entry contained in the Third Schedule aforementioned, when
inserted in a sub-lease shall apply to a breach of either an affirmative or negative
covenant. 30.

ontained in the Third Schedule aforementioned, when
inserted in a sub-lease shall apply to a breach of either an affirmative or negative
covenant. 30.

(1) Where a mortgage of a leasehold interest in land is made according to Form
4 in the First Schedule or where any other mortgage is expressed to be made pursuant to
the Act, and such mortgage contains the form of words set out in Column One of the
Fourth Schedule such mortgage shall have the same effect as if it contained the form of
words set out in Column Two of the said Schedule:
General conditions of
a mortgage
Provided that where a blank occurs in Column Two that column shall be read as if it
were filled in with the words that supply the place of the blank in the corresponding form in
Column One. (2) The parties to any such mortgage as referred to in sub-regulation (1) may
introduce into or annex to any of the forms in Column One any express exceptions
therefrom or other express qualifications thereto. 31. An occupancy licence issued under the Act shall be substantially in Form 15 of
the First Schedule. Form of occupancy
licence
32. (1) An occupany licence shall have the same effect as if it contained the form of
words contained in the Fifth Schedule and every occupancy licence shall be issued
expressly subject to the terms and conditions set forth in the said Schedule.

tained in the Fifth Schedule and every occupancy licence shall be issued
expressly subject to the terms and conditions set forth in the said Schedule.

Effect of occupancy
licence
(2) Subject to the approval of the Minister, a council may introduce into or annex to
any such occupancy licence any express exceptions therefrom or express qualifications
thereto. 33. Where a council requests the Minister to declare an area of land to be a
Statutory Housing Area or an Improvement Area, such council shall supply to the Minister
a proposed schedule of fees proposed to be charged by the council to the lessees or
occupants of the proposed area in respect of services provided or to be provided for such
lessees or for such proposed area, including any charges for water and for sewerage
service, and in respect of any charges in lieu of rates:
Council to supply
schedule of fees

sed area, including any charges for water and for sewerage
service, and in respect of any charges in lieu of rates:
Council to supply
schedule of fees

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Provided that such proposed fees and charges shall not become effective unless
and until these shall have been approved by the Minister or his authorised officer, who
may amend such fees and charges as and in such manner as he shall deem advisable;
and if a council does not suggest a schedule of fees to be charged as aforesaid, the
Minister may state the amount of such fees and charges as he shall deem advisable. 34. (1) If the holder of an occupancy licence shall have agreed to sell his
improvements on the land included in the occupancy licence, such sale shall be subject to
the approval of the council, and the parties shall apply to the council to issue to such
purchaser of improvements a new occupancy licence, such application to be in
accordance with Form 16 of the First Schedule.

e council to issue to such
purchaser of improvements a new occupancy licence, such application to be in
accordance with Form 16 of the First Schedule.

Sale of improvements
(2) If the council shall consent to the transfer of such occupancy licence, the council
registrar shall either enter in the register and issue to the purchaser of improvements a
new licence, in which event the existing licence shall be delivered up to the council
registrar to be cancelled by him; or shall enter in the register and endorse on the
occupancy licence a memorandum of such transfer, in which event the council registrar
shall deliver to the transferee the occupancy licence so endorsed, and for all purposes of
the Act such endorsed occupancy licence shall be as effectual as if the old occupancy
licence had been cancelled and a new occupancy licence had been issued to the
transferee in his own name; and such last mentioned process in lieu of cancellation may
be repeated upon every transfer of the occupancy licence.

the
transferee in his own name; and such last mentioned process in lieu of cancellation may
be repeated upon every transfer of the occupancy licence.

(3) Upon the registration of any transfer of an occupancy licence, the interest of the
transferor as set forth in such occupancy licence, and all rights, powers and privileges
thereto belonging or appertaining shall vest in the transferee, and such transferee shall
thereupon become subject to and liable for all and singular of the same requirements and
liabilities to which the previous holder of the occupancy licence shall have been subject
and liable if such transfer had not been made. 35. The following sections of the Act shall apply mutatis mutandis to Improvement
Areas so declared by the Minister, that is to say: sections eight to twenty-five inclusive,
and sections thirty-three to thirty-six inclusive; and where any one or more of such
sections refers to land or an interest in land, the same shall be read and construed as
referring to the rights and duties under an occupancy licence. Certain sections to
apply to Improvement
Areas
36.

same shall be read and construed as
referring to the rights and duties under an occupancy licence. Certain sections to
apply to Improvement
Areas
36.

The following forms contained in the First Schedule shall, with any necessary
changes, be used in dealing with occupancy licences in an Improvement Area, that is to
say, Forms 8, 9, 11, 12 and 13:
Certain forms to apply
to occupancy licence
Provided that where in such forms there is reference to land, piece or parcel of land,
or an interest in land, there shall be substituted for such words "occupancy licence" or the
appropriate form of such words. 37. (1) If the holder of an occupancy licence shall have agreed to mortgage or
charge his improvements on land included in such occupancy licence, such mortgage or
charge shall be subject to the approval of the council, and shall be in accordance with
Form 17 of the First Schedule. Form of charge

such mortgage or
charge shall be subject to the approval of the council, and shall be in accordance with
Form 17 of the First Schedule. Form of charge

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(2) If the council shall consent to such mortgage or charge, such consent shall be
endorsed thereon, and the council registrar shall enter in the council registry a
memorandum thereof. 38. The fees to be charged by and paid to a council registrar shall be those set
forth in the Sixth Schedule; and each council registrar shall keep and maintain a proper
account of all such sums of money received by him in accordance with the Act, and shall
account for such sums of money in such manner as may be prescribed by the council
concerned. Registration fees
FIRST SCHEDULE
PRESCRIBED FORMS
FORM 1
(Regulation 5)
APPLICATION FOR SEARCH
I require to make a search in the Council Registry of the Council of.......................................................................................

uire to make a search in the Council Registry of the Council of.......................................................................................

......................................................................................................................................................................for all entries of any
(name of council )
matter or documents whereof entries are made in such Registry relating to the following:
(a) the land comprising Plot (or House) Number................................................................................................................ according to Statutory Housing Area Plan (or Improvement Area Plan)
Number.............................................................. (b) said to be registered in the name of............................................................................................................................ Dated the..............................................day of.............................................., 19....... ................................................................................... Applicant

............................................., 19....... ................................................................................... Applicant

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FORM 2
(Regulation 6)
CERTIFICATE OF TITLE
Council Registry of ..........................................................................................................................................................Council
Annual Rent of............................................................................................kwacha and...................................................ngwee
Register.....................................volume......................................folio......................................................................................... This certificate dated the..... ..day of......................................................................................................................................one
thousand nine hundred and.............................................................................................................under the hand and seal of
the Council Registrar of..............................................................................................................................................................

......................................................................................................................................................

WITNESSETH that...................................................................................................................................................................... of.................................................................................................................................................................................................. is a sub-tenant or sub-lessee for the unexpired residue of a term of.......................................................................................... ...............................years from the........................................................................................................................day of............ ...............................one thousand nine hundred and.................................................................................................................. from the.......................................................................................................................................................................................

......................................................................................................................................................

(name of the council)
subject to the provisions of the Housing (Statutory and Improvement Areas) Act, and the regulations made thereunder, and
to such special conditions and encumbrances as are notified by memorandum written or endorsed hereon of ALL THAT
piece or parcel of land numbered................................................................................................................................................ on the plan a photostat copy whereof is annexed to a grant dated the...................................................................................... ..............................................................................day of......................................................................................................one
thousand nine hundred and........................................................................................................................................................ registered in the Registry of Deeds in Lusaka as No.................................................................................................................. ................................................................

..................................................................................... ................................................................

Council Registrar
MEMORANDUM OF SPECIAL CONDITIONS AND ENCUMBRANCES
1. Grant dated the .........................................................day of.................................................................................................... one thousand nine hundred and............................................................................................................................................... 2. ................................................................................................................................................................................................ .................................................................................................................................................................................................. 3. ................................................................................................................................................................................................

......................................................................................................................................................

.................................................................................................................................................................................................. 4. ................................................................................................................................................................................................ ..................................................................................................................................................................................................

......................................................................................................................................................

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FORM 3
(Regulation 7)
TRANSFER
I, .................................................................................................................................................................................................. of.................................................................................................................................................................................................. being registered as a sub-tenant or a sub-lessee or a transferee (subject to the provisions of the Housing (Statutory and
Improvement Areas) Act and this regulations made thereunder, and to such special conditions and encumbrances as are
notified by memorandum
endorsed hereon), and to the annual rent of K...................................n...................................................................................... of ALL THAT piece or parcel of land numbered..........................................................................................................................

e or parcel of land numbered..........................................................................................................................

on the plan a photostat copy whereof is annexed to a grant dated the.................................................................................day
of..............................................................................................................................................one thousand nine hundred and
..................................................................................................................................and more fully described in a certificate of
title dated the..........................................................day of............................................................................................................ one thousand nine hundred and..............................................................................................................................registered in
the council register of..................................................................................................................................................................

......................................................................................................................................................

(name of the council)
in volume.................................................and folio...................................................................................................................... (together with all the buildings and improvements being thereon) in consideration of the sum of................................kwacha
paid to me by ......................................................................of.................................................................................................... the receipt of which sum I hereby acknowledge, do hereby transfer to the said
.................................................................................................................................................................................................... all my right, title and interest in the said piece of land (together with all the buildings and improvements being thereon). In witness whereof I have hereunto subscribed my name this................................................................................................ day of............................................................, 19.........

...................................................................... day of............................................................, 19.........

Signed in the presence of
.............................................................. (name)
.............................................................. (address)
} ............................................................................................................................. (Signature)
MEMORANDUM OF SPECIAL CONDITIONS AND ENCUMBRANCES
1. Grant dated the...........................................day of.................................................................................................................. one thousand nine hundred and................................................................................................................................................. 2. ................................................................................................................................................................................................ .................................................................................................................................................................................................. 3.

................................................................................................................................................... 3.

................................................................................................................................................................................................ .................................................................................................................................................................................................. 4. ................................................................................................................................................................................................ .................................................................................................................................................................................................. CONSENT
.................................................................................................................................................................................................... (name of the council)
hereby consents to the within written transfer. ................................................................................... Council Registrar

hereby consents to the within written transfer. ................................................................................... Council Registrar

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FORM 4
(Regulation 12)
MORTGAGE
I,........................................................................................................................................................................................, being
registered as the transferee (sub-lessee or sub-tenant) (subject to the provisions of the Housing (Statutory and
Improvement Areas) Act and the regulations made thereunder, and to such special conditions and encumbrances as are
notified by memorandum endorsed
hereon, and to the annual rent of K..............................................................n............................................................................)
of ALL THAT piece or parcel of land numbered.......................................................................................................................... on the plan a photostat copy whereof is annexed to a grant dated the......................................................................................

he plan a photostat copy whereof is annexed to a grant dated the......................................................................................

day of.......................................................................................................................................one thousand nine hundred and
and more fully described in a certificate of title dated the............................................................................................................ day of........................................................................................................................................one thousand nine hundred and
.............................................................................................................................................registered in the council register of
.................................................................................................................................................................................................... (name of the council)
in volume.............................................. and folio.........................................................................................................................

................... and folio.........................................................................................................................

(together with all the buildings and improvements being thereon) in consideration of the sum of....kwacha lent and advanced
to me by.......................................................................of............................................................................................................ .........................................................................................................................., the receipt whereof I hereby acknowledge, do
hereby agree:
First that I will pay to him the said...........................................................................................................................................

im the said...........................................................................................................................................

(full name)
the above sum of............................................................................................................................................................kwacha
in the manner following, that is to say-
(a) a sum of................................................................................................................................................kwacha on the
............................................................day of......................................................................................................one
thousand nine hundred and......................................................................................................................................

nine hundred and......................................................................................................................................

(b) a sum of............................................................................................................................................................kwacha
on the .................................................day of......................................................................................................one
thousand nine hundred and...................................................................................................................................... (c) ..................................................................................................................................................................................... .................................................................................................................................................................................. ..................................................................................................................................................................................

......................................................................................................................................................

.................................................................................................................................................................................. (d) the balance, namely the sum of........................................................................................................................kwacha
on the day of......................................................................................................................................................one
thousand nine hundred and...................................................................................................................................... Secondly that I will pay interest on the said sum at the rate of................................................................................................ kwacha per centum per annum by equal payment of K..............................................................................................................

r centum per annum by equal payment of K..............................................................................................................

n............................................................................on the..................................................................................................day of
every............................................................................................................................................................................................ (insert month or quarter or half-year or year)
the first of such payments to be made on the....................................................................................................................day of
.............................................................................................next. Thirdly..........................................................................................................................................................................................

......................................................................................................................................................

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(set forth special stipulations if any)
.................................................................................................................................................................................................... .................................................................................................................................................................................................... AND, for the better securing to the said...................................................................................................................................... the repayment in manner aforesaid of the principal sum and interest, I hereby charge and mortgage all my right, title and
interest in the said piece or parcel of the land together with all the buildings and improvements being thereon with such
principal sum and interest. In witness whereof I have hereunto signed my name this......................................................................................................

ness whereof I have hereunto signed my name this......................................................................................................

day of...................................................................., 19........ Signed by the above-named in the presence ........................................................................................................................ of................................................................... } (Signature)
MEMORANDUM OF SPECIAL CONDITIONS AND ENCUMBRANCES
1. Grant dated the.......................................................day of...................................................................................................... one thousand nine hundred and.................................................................................................................................................. 2. ................................................................................................................................................................................................ .................................................................................................................................................................................................. 3.

................................................................................................................................................... 3.

................................................................................................................................................................................................ .................................................................................................................................................................................................. 4. ................................................................................................................................................................................................ ..................................................................................................................................................................................................

......................................................................................................................................................

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FORM 5
(Regulation 14)
TRANSFER OF MORTGAGE
I, ................................................................................................................................................................, being the registered
owner of a mortgage registered in council registry in volume...................................................................................................... and folio................................................................................................................................ ALL THAT piece or parcel of land
numbered.................................................................................................................... on the plan a photostat copy whereof is
annexed to a grant dated the....................................... day of..............................................................................................one
thousand nine hundred and.........................................................................................

................................one
thousand nine hundred and.........................................................................................

and more fully described in a certificate
of title dated the............................................ day of..............................................................................................one thousand
nine hundred and ............... registered in the council register of................................................................................................. (name of council)
....................................in volume............................folio................................................................................................(together
with all buildings and improvements being thereon) and the said mortgage is
herewith presented in consideration of the sum of K.................................................................................................................. this day paid to me by............................................................................................................................of..................................

..................................................................................................................of..................................

....................................................................................................................the receipt of which sum I hereby acknowledge, do
hereby transfer to the said..............................................................................................................................................the said
mortgage and all my rights, powers and remedies therein contained or implied. In witness whereof I have hereunto subscribed my name, this.............................................................................................. day of.........................................................., 19 ........... ......................................................................................................................................(Transferor)
Accepted......................................................................................................................(Transferee)
..

nsferor)
Accepted......................................................................................................................(Transferee)
..

The signature of the transferor was made in my
presence the.........................day of....................,
19......., and I verily believe that such signature
is of the proper handwriting of the person
described as........................................................ ............................................................................ } .............................................................................................. .............................................................................................. The signature of the transferee was made in my
presence the ........................day of....................,
19 ......, and I verily believe that such signature
is of the proper handwriting of the person
described as ....................................................... ............................................................................ } ............................................................................ CONSENT
....................................................................................................................................................................................................

......................................................................................................................................................

(name of the council )
hereby consents to the within written transfer.

(name of the council )
hereby consents to the within written transfer.

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
FORM 6
(Regulation 16)
MEMORANDUM OF MORTGAGE BY DEPOSIT OF DOCUMENT OF TITLE
TITLE NUMBER.............................. Certificate of title dated the................................. day of....................................................................................................one
thousand nine hundred and................................................................................................ registered in the council register of
................................................................................................................................in volume.............................................. and
(name of the council )
folio...........................relating to that piece or parcel of land number........................................................................................... on the plan a photostat copy whereof is annexed to a grant dated the......................................................................................

he plan a photostat copy whereof is annexed to a grant dated the......................................................................................

day of....................................................one thousand nine hundred and....................................................................and more
fully described in the said certificate of title was deposited by.................................................................................................... ......................................................................................................................................, of P.O. Box No. ..................................,
(Mortgagor) with............................................................................................................................................................., of P.O. Box No. ............................................................................................................................ (Mortgagee) by way of mortgage on
the....................................... day of............................................, 19......... The Mortgagor and Mortgagee hereby certify that the amount hereby secured
is..............................................................................................................

ertify that the amount hereby secured
is..............................................................................................................

kwacha/uncertain, and the mortgage acknowledges
to have received the document of title. Dated this........................................ day of............................... 19......... Signed in the presence of:
.................................................................................... Postal address............................................................ ................................................................................... Description ................................................................ } Signature or Common
Seal of Mortgagor:
.............................................................................................. Signed in the presence of:
.................................................................................... Postal address............................................................ ................................................................................... Description ............................................................... } Signature or Common
Seal of Mortgagee:
............................................................................

................................ } Signature or Common
Seal of Mortgagee:
............................................................................

CONSENT
.................................................................................................................................................................................................... (name of the council)
hereby consents to the within written mortgage. .................................................................................. Council Registrar

)
hereby consents to the within written mortgage. .................................................................................. Council Registrar

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
FORM 7
(Regulation 17)
MEMORANDUM OF DISCHARGE OF MORTGAGE BY DEPOSIT OF DOCUMENTS OF TITLE
TITLE NUMBER................................ The mortgage by deposit of document of title registered as No. was discharged on the ................................... day of .................................................................................................. 19 .......,
in so far as it relates to the piece or parcel of land numbered.................................................................................................... on the plan a photostat copy whereof is annexed to a grant dated the...................................................................................... day of.................................................... one thousand nine hundred and .......................................................................... and
more fully described in a certificate of title dated the ...................................................................................................... day of
........................................

...................................................................................................... day of
........................................

one thousand nine hundred and .................................................................................. registered in
the council register .................................................................. in volume.................................................................................. (name of the council)
and folio ................................................. It is hereby certified that-
(a) the greatest amount at any time thereby secured was................................................................................................ kwacha;
(b) this is a partial discharge. Dated this....................................... day of........................................... 19....... Signed in the presence of:
.................................................................................... Postal address............................................................ ................................................................................... Description ................................................................

......................................................................... Description ................................................................

} Signature or Common
Seal of Mortgagor:
..............................................................................................

} Signature or Common
Seal of Mortgagor:
..............................................................................................

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
FORM 8
(Regulation 19)
POWER OF ATTORNEY
I, ................................................................................................................................................................................, do hereby
appoint ........................................................................................................................................................................................

......................................................................................................................................................

my attorney to sell and transfer to any person all or any lands, sub-leases, under-leases and mortgages or any right, title
and interest in such lands whether now belonging to me or which shall hereafter belong to me under or by virtue of the
Housing (Statutory and Improvement Areas) Act and the regulations made thereunder, or of which I am now or shall
hereafter be the transferee under the said Act; also to mortgage all or any such lands, sub-leases or under-leases for any
sum at any rate of interest; also to sublet or underlet any such lands for any term of years, not exceeding forty years in
possession, at any rent; also to surrender or obtain or accept the surrender of any sub-leases or under-leases in which I
am or may be interested; also to exercise and execute all powers which are or shall hereafter be vested in or conferred on
me as a sub-lessee or mortgagee under the said Act (or otherwise according to the nature and extent of the powers
intended to be conferred), and for me, and in my name, to sign all such transfers and other instruments and to do all such
acts, matters and things as may be necessary or expedient for carrying out the powers hereby given and for recovering all
sums of money that are now or may become due or owing to me in respect of the premises, and for enforcing or varying
any contracts, agreements or conditions binding upon any under-lessee, tenant or occupier of the said lands, or upon any
other person in respect of the same, and for recovering and maintaining possession of the said lands and for protecting the
same from waste, damage or trespass.

on in respect of the same, and for recovering and maintaining possession of the said lands and for protecting the
same from waste, damage or trespass.

Dated this............................................ day of ..............................................................................................................., 19....... Signed by the said:.................................................... .................................................................................... in the presence of...................................................... ................................................................................... } .............................................................................................. (Signature)

......................................... } .............................................................................................. (Signature)

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
FORM 9
(Regulation 20)
REVOCATION OF POWER OF ATTORNEY
I,................................................................................................................................................................................................of
........................................................................................................................................................................hereby revoke the
power of attorney given by me to ................................................................................................................................................ ..............................................................dated the ................................................................................................................day
of.......................................................19....... Signed by the said:.................................................... in the presence of...................................................... ...................................................................................

presence of...................................................... ...................................................................................

} .............................................................................................. (Signature)

} .............................................................................................. (Signature)

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
FORM 10
(Regulation 24)
TRANSFER OF SUB-LEASE
I, ..................................................................................................................................................................................................

......................................................................................................................................................

being registered as the sub-lessee or sub-tenant pursuant to a sub-lease dated
the................................................day of ........................................................................................................one thousand nine
hundred and ....................................................................................................................registered in the Registry of Deeds at
Lusaka in volume........................................................and folio................................................................................................or
pursuant to-
*(1) An order for sale made by the ........................................................................................................................court at
........................................on the .............................................day of........................................................................ ............................................................................................one thousand nine hundred and .................................

.......................................................................................one thousand nine hundred and .................................

*(2) A sale by virtue of power contained in the mortgage dated
the ...............................................day of ............................................................................................one thousand
nine hundred and .................................................................................................................................................... *(3) A sale of my right, title and interest under sub-lease dated
the ............................................day of................................................................................................one thousand
nine hundred and ....................................................................................................and to such special conditions
and encumbrances contained therein as are notified by memorandum
written hereon, and to the annual rent of K.............................................................................................................. ...................of ALL THAT piece or parcel of land numbered....................................................................................

.. ...................of ALL THAT piece or parcel of land numbered....................................................................................

....................................................................................................on the plan a photostat copy whereof is annexed
to the said grant (together with all the buildings and improvements being
thereon) do hereby transfer by way of sub-lease to .................................................................................................. ..............................................................................of ................................................ in consideration of .................. kwacha the said piece of land (together with all the buildings and
improvements being thereon) to be held by him, the said........................................................................................ ..............................................................................................as sub-lessee or sub-tenant for the unexpired term of
.................................................................................................... years from the ................................................day
of..............................................................................................

e ................................................day
of..............................................................................................

one thousand nine hundred and ............................ ........................................................................................at the yearly rent of K................................n...................... payable...................................................................................................................................................................... (insert terms of payment of rent)
subject to the following other terms and conditions ................................................................................................ .................................................................................................................................................................................. ..................................................................................................................................................................................

......................................................................................................................................................

I............................................................................................................................................................................,
of .............................................................................................................................................................................,
do hereby accept this subject to the conditions, restrictions and stipulations above set forth or referred to. *Delete where necessary
......................................................................... (Signature of Sub-Lessee or Sub-Tenant)
......................................................................... (Signature of Lessee or Tenant)
Signed by the said Sub-Lessee or Sub-Tenant in the presence of.......................................................................................... ....................................................................................................................................................................................................

......................................................................................................................................................

Signed by the said Lessee or Tenant in the presence of ........................................................................................................ ....................................................................................................................................................................................................

......................................................................................................................................................

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
MEMORANDUM OF SPECIAL CONDITIONS AND ENCUMBRANCES
1. Grant dated the ........................................................................................................day of .................................................... one thousand nine hundred and ................................................................................................................................................ 2. ................................................................................................................................................................................................ ................................................................................................................................................................................................ 3. ................................................................................................................................................................................................

......................................................................................................................................................

................................................................................................................................................................................................ 4. ................................................................................................................................................................................................ ................................................................................................................................................................................................

......................................................................................................................................................

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
FORM 11
(Regulation 26)
CAVEAT FORBIDDING REGISTRATION OF DEALING WITH LAND
To: The Council Registrar
Council Registry
......................................Council
TAKE NOTICE that I,..............................................................................................................................................................,
of ................................................................................................................................................................................................ (at which address within Zambia notices may be served), claiming-
(1)................................................................................................................................................................................................ .....................................................................................................................................................................................................

......................................................................................................................................................

in (2)............................................................................................................................................................................................ .................................................................................................................................................................................................... forbid the registration of any dealing with the said land-
*(a) absolutely; or
*(b) unless the transaction be expressed to be subject to the claim of the caveator. Dated this ..............................................day of.........................................................,19.............................................................. (Signed)..............................................................

..............,19.............................................................. (Signed)..............................................................

I,..........................................................................................................................................................................................,of
............................................................................................................................................................................,make oath and
say*/affirm* that to the best of my knowledge and belief the claim above referred to is true. Sworn at ..........................................................................................................this .......................................................day of
...................................19....... Before me:
............................................. (1) Nature of registrable interest claimed in land. (2) Particulars of land. * Delete whichever is not applicable.

................................... (1) Nature of registrable interest claimed in land. (2) Particulars of land. * Delete whichever is not applicable.

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
FORM 12
(Regulation 27)
SUMMONS
In the Matter of the Housing (Statutory and Improvement Areas) Act and the regulations made thereunder:
..................................................................................................................................................is hereby summoned to appear
before me at the............................................................................................................ on the................................................... day of..........................................................................................................................19.......,at..............................hours in the
..................................................................................................................noon, then and there to be examined at the instance
of...................................................................................................................concerning.............................................................

...............................................................................concerning.............................................................

and the said................................................................................................................................................is hereby required to
bring with him and produce at the time and place aforesaid........................................................................................................ .............................................................................................................................., and all other writings and documents in his
(describe documents)
custody and power in anyway relating to the said land or premises. Given under my hand this ....................................................................................................day of......................................... 19........ ............................................................................. Council Registrar

of......................................... 19........ ............................................................................. Council Registrar

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
FORM 13
(Regulation 28)
STATUTORY CONTRACT FOR SALE AND PURCHASE BEING THE FORM PROVIDED
TO BE ADOPTED IN CONTRACTING TO SELL AND PURCHASE LAND
An agreement made the ......................................................................................................day of ............................................,
19............. in pursuance of the Housing (Statutory and Improvement Areas) Act
between ...................................................................................................................................,of ............................................. ..................................................................................................................(hereinafter called "the Vendor") of the one part and
..................................................................................................................................,of ..............................................................

....................................................................................,of ..............................................................

..................................................................................................................(hereinafter called "the Purchaser") of the other part. Whereby it is agreed that the Vendor will sell and the Purchaser will purchase all that
leasehold property described in the Schedule hereto at the price of ........................................................................................ kwacha of lawful money of Zambia upon the terms and conditions set out in the Second Schedule to the regulations issued
under the said Act, and the Vendor and the Purchaser do on their respective parts agree to complete the said sale and
purchase on the said terms and conditions subject to the consent of the council. The following are the special terms and conditions:
As witness the hands of the parties hereto or their duly authorised agents the day and year first above written. Signed by.................................................................................... in the presence of:
Signed by....................................................................................

.................................... in the presence of:
Signed by....................................................................................

in the presence of: }
SCHEDULE
(Description of the Property)
All that leasehold property being.............................................................................................................................................. ....................................................................................................................................................................................................

......................................................................................................................................................

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
FORM 14
(Regulation 29)
STATUTORY LEASE BEING THE FORM PROVIDED TO BE ADOPTED IN LEASING OR
SUB-LETTING LAND UNDER THE HOUSING (STATUTORY AND IMPROVEMENT AREAS) ACT
This lease, made the......................................................................................................day of..................................................,
19.............., in pursuance of the Housing (Statutory and Improvement Areas) Act,
..........................................................................................................................of......................................................................,
(called "the lessor")
of the First Part, and between.....................................................................................................................................................,
(called "the lessee")
of.......................................................................................................................................,of the Second Part.

..................................................................................................................................,of the Second Part.

Witnesseth that
in consideration of the rents, convenants and agreements hereinafter reserved and contained on the part of the lessee, the
lessor doth demise and lease unto the lessee, his heirs, executors, administrators, successors and assigns all that
leasehold property described in the Schedule hereto, to have and to hold the said demised premises for and during the
term of..........................................................................................................................................................................................

......................................................................................................................................................

to be computed from the ......................................................................................................day of...........................................,
19.........., and from thenceforth next ensuing and fully to be complete and ended, yielding
and paying therefor......................................................................................................................................................and every
............................................................................................................................during the said term unto the lessor, his heirs,
executors, administrators, successors or assigns the sum of........................................................................................kwacha
of lawful money of Zambia payable on the following days and times, that is to say,
on ..............................................................................................................................the first of such payments to become due
and be made on the ..........................................................................................................day of ...............................................

................................................................................................day of ...............................................

next. The lessee hereby convenants and agrees with the lessor................................................................................................ ............................................................................................................................ as witness the hands of the parties hereto or
their duly authorised agents the day and year first above written. SCHEDULE
(Description of the Property)
All that leasehold property being................................................................................................................................................. ....................................................................................................................................................................................................

......................................................................................................................................................

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
FORM 15
(Regulation 31)
COUNCIL OF THE...................................,OF................................... OCCUPANCY LICENCE IN AN IMPROVEMENT AREA
The Council of the ....................................................................................................,of......................................................does
hereby grant to.............................................................................................................................................a licence to occupy
the land under and immediately adjoining House (or Shop) Number........................................................................................,
in ...............................................................Improvement Area.

.................................................................,
in ...............................................................Improvement Area.

Subject to the terms and conditions contained in the Housing (Statutory and Improvement Areas) Act and any
amendments thereto and regulations made thereunder, and in particular subject to the terms and conditions contained in
the Fifth Schedule appended to the said regulations, and to such other terms and conditions as may be enumerated on the
reverse side of this licence. The term of the within licence shall be for the period of .......................................................................................................... years from the date hereof, and shall be extended for the further period
of years from the date of expiry of this licence provided
that the occupant has observed all terms of this licence and of such regulations and by-laws as may be declared or
enacted with respect to the physical improvement of dwellings within the said Improvement Area. ........................................................................... .............................................................................. Date and Place Licensing Officer
................................................................................ Occupant

........................... Date and Place Licensing Officer
................................................................................ Occupant

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
FORM 16
(Regulation 34)
REQUEST TO TRANSFER OCCUPANCY LICENCE
I hereby request the Council of...............................................................................................................................to transfer
(name of council)
unto.............................................................................................................., of..........................................................the licence
(proposed transferee) (his address)
of occupation issued to me and being No............................................................................... in the council register of the said
council and being related to land identified as No................................................................................... according to Improve-
ment Area No...................... I warrant that the total and only consideration being paid to me by the said proposed
transferee for all of my improvements on the said land is ..............................................................................kwacha in money
or in money value.

f my improvements on the said land is ..............................................................................kwacha in money
or in money value.

If the said council transfers the licence as herein requested I do hereby release and discharge the said council, its
successors and assigns, from all actions and causes of action which I or my executors, administrators, successors or
assigns might ever have in relation to the said occupancy licence or in any way relating thereto. Dated the............................................day of.....................................................,19....... ...................................................................................... Applicant
...................................................................................... Address

............................................. Applicant
...................................................................................... Address

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
FORM 17
(Regulation 37)
MORTGAGE OR CHARGE OF OCCUPANCY LICENCE
I, ..............................................................................................................................................., being the holder of Occupancy
Licence No................................................................................., relating to land identified as No..........................according to
Improvement Area No................................................................................................

......................according to
Improvement Area No................................................................................................

(subject to the provisions of the Housing
(Statutory and Improvement Areas) Act and the regulations made thereunder, and to such special conditions as are
notified by memorandum endorsed hereon, and to the annual rent
of K............................................) in consideration of the sum of.....................................................................................kwacha
lent and advanced to me by.......................................................................................................................................................,
of..............................................................................................., the receipt whereof I hereby acknowledge, do hereby agree:
First that I will pay to the said.......................................................................................................................................................

......................................................................................................................................................

(full name)
the above sum of ..........................................................................................................kwacha in the manner following, that is
to say-
(a) a sum of ....................................................................................................kwacha on the ....................................... day of ....................................................................................................................one thousand nine hundred and
................................................. (b) a sum of......................................................................................................kwacha on the ....................................... day of ....................................................................................................................one thousand nine hundred and
................................................. (c) ..................................................................................................................................................................................

......................................................................................................................................................

.................................................................................................................................................................................. .................................................................................................................................................................................. .................................................................................................................................................................................. (d) the balance, namely the sum of................................................................................................................................ ............................................................................................................kwacha on the ........................................day
of......................................................................................................one thousand nine hundred and...................... ................................................

..................................................one thousand nine hundred and...................... ................................................

Secondly that I will pay interest on the said sum at the rate of................................................................................................ ..............................................................................kwacha per centum per annum by equal payments of K................ n........... on the ..................................day of....................................every ................................................................................................ (insert month or quarter or half-year or year)
the first of such payments to be made on the ..................................................................................................................day of
.............................................................next. Thirdly......................................................................................................................................................................................

......................................................................................................................................................

(set forth special stipulations if any)
.................................................................................................................................................................................................... .................................................................................................................................................................................................... .................................................................................................................................................................................................... ....................................................................................................................................................................................................

......................................................................................................................................................

and for the better security to the said ..............................................................................................................the repayment in
manner aforesaid of the principal sum and interest, I hereby charge and mortgage all my rights in the said occupancy
licence together with all the buildings and improvements being thereon with such principal and interest. In witness whereof I have hereunto signed my name this...................................................................................................... day of .................................................. 19...........

.............................................................................. day of .................................................. 19...........

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
Signed by the above named in the
presence of:
.................................................................................... (Name)
.................................................................................... (Address)
.................................................................................... (Signature)
} .............................................................................................. (Signature)
MEMORANDUM OF SPECIAL CONDITIONS
1................................................................................................................................................................................................... .................................................................................................................................................................................................. 2...................................................................................................................................................................................................

......................................................................................................................................................

.................................................................................................................................................................................................. 3................................................................................................................................................................................................... .................................................................................................................................................................................................. CONSENT
The council of.............................................................................................................................................................................. (name of council)
hereby consents to the within written mortgage or charge. ................................................................................ Council Registrar

consents to the within written mortgage or charge. ................................................................................ Council Registrar

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
SECOND SCHEDULE
(Regulation 28)
GENERAL CONDITIONS OF SALE
General Conditions of Sale deemed to be included in any contract for the sale and purchase of
leasehold land pursuant to the Housing (Statutory and Improvement Areas) Act, except for those
terms and conditions expressed to the contrary in any such contract. Interpretation
1. (a) These conditions shall be known as "the Statutory Housing Areas General Conditions of
Sale". (b) In these conditions where the context admits:
(i) "Abstract of Title" shall include copies of deeds and documents which would normally be
abstracted. (ii) "The Contract" means any contract incorporating these Conditions or any of them, by
reference thereto, and includes the Particulars and Special Conditions, if any, used in
connection with the contract. (iii) "Conveyance" includes Assignment.

ce thereto, and includes the Particulars and Special Conditions, if any, used in
connection with the contract. (iii) "Conveyance" includes Assignment.

(iv) Words importing the masculine gender include the feminine and neuter genders, words
importing the singular include the plural and where there are two or more persons
included in the expressions "the Vendor" and "the Purchaser" any covenant or
agreement made or to be made by either the Vendor or the Purchaser by virtue of these
conditions shall be made jointly and severally. (v) The expressions "the Vendor" and "the Purchaser" include the persons deriving title
under them respectively. (vi) References to the Special Conditions include references to the Particulars. (c) Where the last day for doing any act or taking any step would but for this provision be a Public
Holiday, Sunday or Saturday then such last day shall be the next following working day. (d) The Marginal notes hereto shall not affect the construction hereof. Deposit
2. (a) Unless the Special Conditions otherwise expressly provide, a deposit of ten per centum of
the purchase money shall be paid on the exchange of contracts. (b) Such deposit is to be paid to the Vendor's Solicitor as stakeholder for the parties. Completion
3.

ney shall be paid on the exchange of contracts. (b) Such deposit is to be paid to the Vendor's Solicitor as stakeholder for the parties. Completion
3.

(a) The purchase shall be completed on the date fixed by the Special Conditions or, if no date is
so fixed, the date six weeks from the date of the Contract. (b) Completion shall take place at the office of the Vendor's Solicitor mentioned in the Contract, or
if so required by the Vendor at the office of the Vendor's Mortgagee or such Mortgagee's Solicitor, if
any. If there is no such Solicitor, completion shall take place at the office of the Purchaser's Solicitor.

ortgagee or such Mortgagee's Solicitor, if
any. If there is no such Solicitor, completion shall take place at the office of the Purchaser's Solicitor.

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Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
(c) (i) On actual completion of the purchase the Purchaser shall be entitled to possession or
receipt of the rents and profits of the property as from the day fixed for completion and shall be liable
to all outgoings as from that date, such rents profits and outgoings to be apportioned if necessary to
the following provisions hereof:
(ii) insurance premiums shall not be apportioned except as hereinafter provided;
(iii) rates shall be apportioned according to the period for which they are intended to provide
wherever possible;
(iv) where completion takes place after the end of the period for which the last rate was
made and before the new rate has been ascertained, the rate to be apportioned shall be
deemed to be at the same rate per kwacha as was the last rate;
(v) where a rates clearance certificate is required the same shall be obtained by and at the
expense of the Vendor;
(vi) where completion takes place at the office of the Vendor' Solicitor, the purchase money
or any part thereof shall be paid free of any bank commission or other charges but if such
commission or charges become payable or are increased by reason of the fact that the
completion takes place otherwise than at such office, the same or such increase, as the
case may be, together with the Purchaser's reasonable costs and expenses of attending
such completion shall be borne by the Vendor.

h increase, as the
case may be, together with the Purchaser's reasonable costs and expenses of attending
such completion shall be borne by the Vendor.

Interest
4.

Interest
4.

(a) Except in a case to which Condition 5 applies, if from any cause whatever (save as
hereinafter mentioned) the completion of the purchase is delayed beyond the date fixed for
completion, the purchase money (or if a deposit has been paid, the balance thereof) shall bear
interest at the rate (if any) specified in the Special Conditions, and if no rate is so specified at the rate
of eight per centum per annum from the date fixed for completion to the date of actual payment
thereof, provided that, unless the delay in completion is attributed solely to the Purchaser's own act or
default, the Purchaser may-
(i) at his own risk deposit the purchase money, or where a deposit has been paid, the
balance thereof, at any bank in Zambia; and
(ii) forthwith give to the Vendor or his Solicitor notice in writing of such deposit and in that
case the Vendor shall (unless and until there is further delay in completion which is
attributable solely to the Purchaser's own act or default) be bound to accept the interest,
if any, allowed thereon, as from the date of such deposit instead of the interest accruing
after such date which would otherwise be payable to him under the foregoing provisions
of this Condition.

uch deposit instead of the interest accruing
after such date which would otherwise be payable to him under the foregoing provisions
of this Condition.

(b) No interest under paragraph (a) of this Condition shall become payable by a Purchaser if and
so long as delay in completion is attributable to-

(b) No interest under paragraph (a) of this Condition shall become payable by a Purchaser if and
so long as delay in completion is attributable to-

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(i) default by the Vendor in deducing title in accordance with the Contract;
(ii) any other act or default of the Vendor or his Mortgagee. (c) In respect of any period during which interest is payable under paragraph (a) of this Condition
the Vendor shall, instead of any similar right at law or equity, have the option of taking, instead of the
said interest, the rents and profits or an apportioned part thereof (as the case requires) less the
outgoings or an apportioned part thereof. Occupation before completion
5.

s and profits or an apportioned part thereof (as the case requires) less the
outgoings or an apportioned part thereof. Occupation before completion
5.

If the Purchaser, not being in occupation as a tenant or lessee, is let into occupation before
completion takes place then, in the absence of agreement to the contrary, from the date of his going
into occupation the following shall apply:
(a) the Purchaser shall be the licensee of the Vendor and not the tenant;
(b) the Purchaser shall keep the property in as good repair and condition as when
occupation was given;
(c) the Purchaser shall pay interest at the rate of eight per centum per annum upon the
purchase-money or the unpaid balance thereof and pay or indemnify the Vendor against
all outgoings and expenses, including the cost of insurance, in respect of the property;
(d) the Purchaser shall not be deemed thereby to have accepted the Vendor's title;
(e) if the contract is rescinded or discharged, the Purchaser shall give up possession
forthwith in as good repair and condition as aforesaid. Abstract
6. (a) The Vendor shall deliver to the Purchaser an Abstract of Title within ten days of the date of
the Contract.

nd condition as aforesaid. Abstract
6. (a) The Vendor shall deliver to the Purchaser an Abstract of Title within ten days of the date of
the Contract.

(b) The Purchaser shall deliver in writing all requisitions or objections upon or to the title, the
Abstract and the Contract, as regards matters not thereby specifically provided for, within fourteen
days of the delivery of the Abstract and, subject to such requisitions and objections, the title shall be
deemed to be accepted. (c) The Abstract, though in fact imperfect, shall be deemed perfect, for the purpose of any
objections or requisitions which could not have been taken or made on the information therein
contained. (d) Replies to any such requisition or objection shall be answered in writing within seven days of
the date of delivery of such requisitions or objections and if not so answered the Vendor shall be
deemed to agree to the requisition or to accept the objection. (e) A reply to any objection or requisition shall be answered in writing within seven days after the
delivery thereof and if not so answered shall be considered satisfactory. (f) Time shall be of the essence of this Condition in all respects. Rescission
7.

ery thereof and if not so answered shall be considered satisfactory. (f) Time shall be of the essence of this Condition in all respects. Rescission
7.

(a) If the Purchaser continues to make any requisition or objection as to title which the Vendor
shall be unable or on the grounds of unreasonable expense unwilling to remove or comply with and
does not withdraw the same within ten days of being required in writing so to do the Vendor may
rescind the Contract. (b) Upon such rescission the Vendor shall return the deposit but without interest and the Purchaser
shall return the Abstract and all papers belonging to the Vendor and shall have no claim against the
Vendor for costs, compensation or otherwise. Leaseholds
8. (a) The title to leasehold property shall commence with the lease or underlease creating the
term or interest sold. (b) Such lease or underlease having been made available for the inspection of the Purchaser, the
Purchaser (whether he has inspected the same or not) shall be deemed to have notice of all the
contents and such notice shall not be affected by any partial, incomplete or inaccurate statement in
the Contract.

be deemed to have notice of all the
contents and such notice shall not be affected by any partial, incomplete or inaccurate statement in
the Contract.

(c) Where the term or interest sold is created by an underlease the Purchaser shall make no
objection on the ground that the conditions and covenants in the underlease do not correspond with
those in the superior lease provided that the provisions of the underlease substantially give effect to
the provisions of the superior lease.

ond with
those in the superior lease provided that the provisions of the underlease substantially give effect to
the provisions of the superior lease.

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(d) Where licence to assign must be obtained the Vendor shall apply for such licence immediately
after the Contract is made and pay any fee necessary to be paid in respect of such licence and shall
use his best endeavours to obtain the same; in the event of the Vendor being unable to obtain such
licence to assign within eight weeks from the date of the Contract either party may rescind the
Contract and thereupon the provisions of Conditions 5 (e) and 7 (b) shall apply. (e) The Purchaser shall give to the reversioner at his own expense any notice required to be given
after completion. Acknowledgment for production
9. The Purchaser shall not object to the absence or insufficiency of any covenant or
acknowledgment or undertaking for the production of documents. Diagrams and beacons
10. (a) The Purchaser shall accept the identity of the property as shown on the diagram or other
approved plan relating to the same and shall, if he so requires, have the beacons and boundaries
pointed out to him at his own expense by a land surveyor.

oved plan relating to the same and shall, if he so requires, have the beacons and boundaries
pointed out to him at his own expense by a land surveyor.

Any missing beacons shall be replaced at
the expense of the Vendor. Condition of property
(b) A Purchaser shall be deemed to purchase with full notice of the actual state and condition of
the property, whether as to the state of repair, means of access, enjoyment of light and air or
otherwise, and shall take the same as it stands. Requirements of authorities
11. (a) Where before the date of the Contract the Vendor has notice of any requirement of any
local or public authority or other person or body lawfully making the same which will or may involve
the expenditure of money then (unless the Contract is made subject thereto) if the Vendor fails to
show that before the Contract was made the Purchaser received (whether by the Contract or
otherwise) notice in writing of any such requirements, the Purchaser may by notice in writing given to
the Vendor or his Solicitors rescind the Contract and thereupon Conditions 5 (e) and 7 (b) shall apply.

he Purchaser may by notice in writing given to
the Vendor or his Solicitors rescind the Contract and thereupon Conditions 5 (e) and 7 (b) shall apply.

(b) Where notice of any such requirement is received by the Vendor after the date of the Contract
then-
(i) the Vendor shall forthwith give notice thereof to the Purchaser and give him the
opportunity of satisfying the same as far as it may be practicable to do so without giving
possession before completion;
(ii) if the Vendor has expended money for the purpose of satisfying such notice or
requirement before completion the Purchaser shall on completion pay to the Vendor the
money so expended with interest at the rate of eight per centum per annum from the date
of such expenditure;
(iii) if and so far as the requirement has not been satisfied before the completion of the
purchase the Purchaser shall keep the Vendor indemnified against all liability for the
payment of any money payable as a result of the same and the Purchaser shall give a
covenant for such indemnity. Vacant possession
12. Except as otherwise stated in the particulars or the special conditions vacant possession of the
property will be given upon completion. Subdivision
13.

cept as otherwise stated in the particulars or the special conditions vacant possession of the
property will be given upon completion. Subdivision
13.

Where the property is a subdivision of a piece of land owned by the Vendor-
(a) all expenses of the subdivision and survey of the property and the approval of any
diagram or plan and the marking-off fees and the application for a Provisional Certificate
or Certificate of Title in respect of any other portion of such piece of land shall be borne
by the Vendor;
(b) the diagram or (where the same is permitted to be used by the responsible authority) the
approved plan shall be available for inspection at the offices of the Vendor's Solicitor and
shall be delivered on loan to the Purchaser with the Abstract;
(c) where an approved plan is used to complete the Contract any expenditure in connection
with the substitution of a diagram for such plan incurred after the date of completion shall
be borne by the Purchaser unless the use of such plan is caused by delay on the part of
the Vendor or his surveyor in carrying out the survey and obtaining approval of the
diagram;
(d) the Purchaser shall not object to the use of an approved plan instead of a diagram. Private townships
14 Wh th t i it t i d i t t hi d fi d b th T d

) the Purchaser shall not object to the use of an approved plan instead of a diagram. Private townships
14 Wh th t i it t i d i t t hi d fi d b th T d

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(b) The amount of compensation (if any) shall be determined by the person agreed on or
nominated to settle disputes as provided in Condition 26 and the decision of such person thereon
shall be conclusive and binding on the Vendor and the Purchaser and his costs shall be paid by the
party against whom the decision of the person is made or as he shall direct. Unsurveyed land
20.

and the Purchaser and his costs shall be paid by the
party against whom the decision of the person is made or as he shall direct. Unsurveyed land
20.

Where the particulars of the property do not describe the property by reference to an approved
plan or diagram, and subject to anything to the contrary contained in the special conditions-
(a) the parties shall appoint a land surveyor to undertake the survey and demarcation of the
property and the beacons thereof and in default of agreement between the parties a land
surveyor shall be appointed by the person agreed or nominated to settle disputes as
provided by Condition 26;
(b) all parties shall be deemed to have agreed to the instructions given to the land surveyor
so appointed and any discrepancy between the description of the property in the
particulars and the area calculated as a result of the beacons made and the boundaries
demarcated by him shall not annul the sale but the area so calculated by the land
surveyor so instructed or appointed shall be deemed to be the piece of land agreed to be
sold;
(c) no adjustment shall be made to the purchase price by virtue of any discrepancy between
the quantity of property as shown in the particulars and that apparent from such survey.

de to the purchase price by virtue of any discrepancy between
the quantity of property as shown in the particulars and that apparent from such survey.

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Purchaser's default
21. (a) If a Purchaser shall fail to perform his part of the Contract the Vendor may give to the
Purchaser or his Solicitor at least fourteen days' notice in writing specifying the default complained of
and requiring the Purchaser to make good the same before the expiration of such notice. (b) If the Purchaser does not comply with the terms of such notice the deposit (if any) shall be
forfeited to the Vendor; the Vendor may resell the property without previously tendering a conveyance
to the Purchaser; and the Contract shall, without prejudice to the Vendor's right to resume possession
(if given up) and recover documents belonging to him, become void but the following provisions of
this Condition shall apply. (c) Any resale, however effected, may be made at such time and subject to such conditions and in
such manner as the Vendor may think proper.

ll apply. (c) Any resale, however effected, may be made at such time and subject to such conditions and in
such manner as the Vendor may think proper.

(d) If within one year from the expiration of such notice the Vendor shall suffer a loss as a result of
such resale by reason of diminution of price, the Purchaser shall pay to the Vendor the amount of
such loss as liquidated damages, after receiving credit for the deposit, but any surplus on such resale
shall be retained by the Vendor. (e) On any resale or attempted resale by auction the property may be bought in by or on behalf of
the Vendor. (f) On any resale or attempted resale made in good faith within such year the Purchaser shall pay
to the Vendor all expenses and disbursements reasonably incurred in such resale or attempted
resale as liquidated damages, after receiving credit for the deposit.

r all expenses and disbursements reasonably incurred in such resale or attempted
resale as liquidated damages, after receiving credit for the deposit.

(g) In favour of a purchaser for value acting at the time of the contract of resale in good faith any
resale by the Vendor appearing to the Purchaser thereunder to be made in good faith under the
provisions of this Condition shall be valid and effective notwithstanding that as between the parties to
this Contract the Vendor may not be entitled to resell under this Condition or that the Purchaser on
the resale may have made no inquiry as to the Vendor's right to resell or that this Contract may have
been registered; but, if the resale is unauthorised or improper or irregular, any person indemnified
shall have his remedy in damages against the Vendor. Caveat and memorials on rescission
22. Where by virtue of these Conditions the Contract is rescinded or has become void the
Purchaser shall forthwith and at his own expense remove or cancel any caveat or memorial relating
thereto in any register or certificate of title or provisional certificate. Indemnity
23.

own expense remove or cancel any caveat or memorial relating
thereto in any register or certificate of title or provisional certificate. Indemnity
23.

Where after completion of the purchase-
(a) the Vendor;
(b) the estate of any testator or intestate of whom the Vendor is personal representative; or
(c) any trust estate of which the Vendor is trustee;
will remain liable, whether directly or by way of indemnity, in respect of a breach of-
(i) any existing restrictive covenant or stipulation affecting the property sold; or
(ii) any existing positive covenant or provision relating to the property sold;
then if in the Contract or the Special Conditions the property is expressed to be sold subject to any
such covenant, stipulation or provision, the Purchaser in his conveyance shall covenant thenceforth
to observe and perform the same, and keep the Vendor and his estate and effects, or the estate and
effects of such testator or intestate, or the trust estate, as the case may be, indemnified from all
claims in respect of the said covenant, stipulation or provision, so far as the same relates to the
property conveyed to him:
Provided that unless the Vendor of such estate as aforesaid is interested in the observance or
performance of such existing covenant, stipulation or provision, apart from his or its liability for such
observance or performance, the covenant by the Purchaser shall be by way of indemnity only.

ion or provision, apart from his or its liability for such
observance or performance, the covenant by the Purchaser shall be by way of indemnity only.

Restrictive covenants
24. (a) Where the Contract provides that any restrictive or other covenant or stipulation shall be
imposed on the property or any part thereof or shall be entered into by a Purchaser, he shall in the
conveyance covenant with the Vendor and, if so required, with any legal mortgagee joining the
conveyance, that the Purchaser and the person deriving title under him to property to be affected,
will, for the benefit of which the covenant or stipulation is made, observe and perform the same. (b) Where the Contract provides that an owner of the property to be affected by any restrictive
covenant or stipulation shall not be liable for any breach thereof if it occurs after he has parted with all
his interest in the property in regard to which the breach occurs, a provision to that effect shall be
inserted in the Conveyance; but, unless and so far as the Special Conditions expressly provide to the
contrary, that provision shall not extend to the liability of the Purchaser and his estate and effects as

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THIRD SCHEDULE
(Regulation 29)
TERMS OF A LEASE, ETC.

as

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Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
THIRD SCHEDULE
(Regulation 29)
TERMS OF A LEASE, ETC.

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Abbreviated and Extended Terms, respectively, of a lease or sublease or underlease made in pursuance of the Housing
(Statutory and Improvement Areas) Act. Column One Column Two
1. The said lessee covenants 1. And the said lessee doth hereby covenant
with the said lessor: with the said lessor in the manner following, that is to say:
2. To pay rent. 2. That he, the said lessee, will during the said term, pay unto
the said lessor the rent hereby reserved, in manner hereinbefore
mentioned, without any deduction whatsoever. 3. And to pay rates. 3. And also will pay all rates, duties and assessments
whatsoever, whether municipal, parliamentary or otherwise, now
charged or hereafter to be charged upon the said demised
premises, or upon the said lessor on account hereof. 4. And to repair, reasonable 4. And also will, during the said term, well and
wear and tear and damage by sufficiently repair, maintain, amend and keep the
fire, lightning and tempest only said demised premises with the appurtenances in
excepted.

damage by sufficiently repair, maintain, amend and keep the
fire, lightning and tempest only said demised premises with the appurtenances in
excepted.

good and substantial repair, and all fixtures and things thereto
belonging, or which at any time during the said term shall be
erected and made by the lessor, when, where, and so often as
need shall be, reasonable wear and tear and damage by fire,
lightning and tempest only excepted. 5. And to keep up fences. 5. And also, will from time to time, during the said term, keep up
the fences and walls of or belonging to the said premises, and
make new any parts thereof that may require to be new-made in a
good and husbandlike manner and at proper seasons of the year. 6. And not to cut down timber. 6. And also will not at any time during the said term hew, fell,
cut down or destroy, or cause or knowingly permit or suffer to be
hewed, felled, cut down or destroyed, without the consent in
writing of the lessor, any timber or timber trees. 7. And that the said lessor may 7.

be
hewed, felled, cut down or destroyed, without the consent in
writing of the lessor, any timber or timber trees. 7. And that the said lessor may 7.

And that it shall be lawful for the lessor and
enter and view state of repair: and his agents, at all reasonable times during the said
that the said lessee will repair term, to enter the said demised premises to
according to notice in writing, examine the condition thereof: and further that all
reasonable wear and tear and want of reparation that upon such view shall be
damage by fire, lightning and found, and for the amendment of which notice in
tempest only excepted. writing shall be left at the premises, the said lessee will, within
three calendar months next after such notice, well and sufficiently
repair and make good accordingly, reasonable wear and tear and
damage by fire, lightning and tempest only excepted. 8. And will not assign or sublet 8. And also that the lessee shall not, nor will
without leave. during the said term, assign, transfer or set over
or otherwise by any act or deed procure the
said premises or any of them to be assigned,
Column One Column Two
transferred, set over or sub-let unto any person or persons
whomsoever without the consent in writing of the lessor first had
and obtained, but such consent shall not unreasonably be
withheld. 9.

son or persons
whomsoever without the consent in writing of the lessor first had
and obtained, but such consent shall not unreasonably be
withheld. 9.

And that he will leave the 9. And further, that the lessee will, at the
premises in good repair, reasonable expiration, or other sooner determination of the
wear and tear and damage by fire, said term, peaceably surrender and yield up unto
lightning and tempest only excepted. the said lessor the said premises hereby demised with the
appurtenances, together with all the buildings, erections and
fixtures erected or made by the lessor thereon, in good and
substantial repair and condition, reasonable wear and tear and
damage by fire, lightning and tempest only excepted. 10. Provided, that the lessee may 10. Provided and it is hereby expressly agreed
remove his fixtures. that the lessee may at or prior to the expiration of the term hereby
granted, take, remove and carry away from the premises hereby
demised all fixtures, fittings, plant, machinery, utensils, shelving,
counters, safes or other articles upon the said premises in the
nature of trade or tenants' fixtures or other articles belonging to or
brought upon the said premises by the said lessee but the lessee
shall in such removal do no damage to the said premises, or shall
make good any damage which he may occasion thereto.

y the said lessee but the lessee
shall in such removal do no damage to the said premises, or shall
make good any damage which he may occasion thereto.

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FOURTH SCHEDULE
(Regulation 30)
MORTGAGE TERMS
Abbreviated and Extended Terms, respectively, of a mortgage of a leasehold interest in land in pursuance of the Housing
(Statutory and Improvement Areas) Act. Column One Column Two
1. And the said wife of the said mortgagor hereby
binds her dower in the said lands. 1. And the said wife of the said mortgagor for and in consideration
of the sum of one hundred kwacha of lawful money of Zambia to her
in hand paid by the said mortgagee at or before the sealing and
delivery of these presents, the receipt whereof is hereby
acknowledged, hath granted and released, and by these presents
doth grant and release unto the said mortgagee, his heirs,
executors, administrators, successors and assigns all her dower and
right and title which in the event of her surviving her said husband,
she might or would have dower, in, to, or out of the lands and
premises hereby conveyed or intended so to be. 2. Provided this mortgage to be void on payment of
............... kwacha of lawful money of Zambia, with
interest at .............

intended so to be. 2. Provided this mortgage to be void on payment of
............... kwacha of lawful money of Zambia, with
interest at .............

per cent as follows: .................... and taxes and performance of statute labour. 2.

per cent as follows: .................... and taxes and performance of statute labour. 2.

Provided always and these presents are upon this express
condition that if the said mortgagor, his heirs, executors,
administrators, successors or assigns, or any of them do and shall
well and truly pay or cause to be paid unto the said mortgagee, his
executors, administrators, successors or assigns the just and full
sum of (amount of principal money) of lawful money of Zambia with
interest thereon at the rate of (rate of interest) per cent per annum
on the days and times and in the manner following, that is to say
(terms of payments of principal and interest), without any deduction
or abatement, and do and shall also pay any taxes, rates, levies,
charges or assessments upon the said lands or in respect thereof no
matter by whom or by what authority imposed which the said
mortgagee, his executors, administrators, successors or assigns
shall have paid or shall have been rendered liable to pay, and do
and shall also pay all such other sums as the said mortgagee, his
executors, administrators, successors or assigns may be entitled to
by virtue of these presents, then these presents and everything in
the same shall be absolutely null and void; but nothing in this proviso
or these presents shall make the mortgagor, his heirs, executors,
administrators, successors or assigns liable to pay to the mortgagee,
his executors, administrators, successors or assigns any tax, rate or
charge imposed upon the mortgagee, his heirs, executors,
administrators, successors or assigns in respect of the mortgage
money or in respect of the devolution of the interest of the said
mortgagee in the said lands or mortgage money.

or assigns in respect of the mortgage
money or in respect of the devolution of the interest of the said
mortgagee in the said lands or mortgage money.

3. The said mortgagor covenants with the said
mortgagee. 3. And the said mortgagor doth hereby, for himself, his heirs,
executors, administrators, and successors covenant, promise and
agree to and with the said mortgagee, his heirs, executors,
administrators, successors and assigns, in manner following, that is
to say:

, promise and
agree to and with the said mortgagee, his heirs, executors,
administrators, successors and assigns, in manner following, that is
to say:

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4. That the mortgagor will pay the mortgage money
and interest, and observe the above proviso. 4. That the said mortgagor, his heirs, executors, administrators
and successors or some or one of them shall and will well and truly
pay or cause to be paid unto the said mortgagee, his executors,
administrators, successors or assigns, the said sum of money in the
above proviso mentioned, with interest for the same as aforesaid, at
the days and times and in the manner above limited for payment
thereof, and shall and will in everything well, faithfully and truly do,
observe, perform, fulfil and keep all and singular the provisions,
agreements
Column One Column Two
and stipulations in the said above proviso particularly set forth,
according to the true intent and meaning of these presents, and of
the said above proviso. 5. That the mortgagor has a good title to the said
lands. 5.

ccording to the true intent and meaning of these presents, and of
the said above proviso. 5. That the mortgagor has a good title to the said
lands. 5.

And also, that the said mortgagor, at the time of the sealing and
delivery hereof, is, and stands solely, rightfully and lawfully seised of
a good, sure, perfect, absolute and indefeasible estate of
inheritance, of and in the lands, tenements, hereditaments and all
and singular other the premises hereinbefore described, with their
and every of their appurtenances and of and in every part and parcel
thereof without any manner of trust, reservation, limitation proviso or
condition, except those contained in the original grant matter thereof
from the President or any other or thing to alter, charge, change,
encumber or defeat the same. 6. And that he has the right to convey the said lands
to the said mortgagee. 6.

other or thing to alter, charge, change,
encumber or defeat the same. 6. And that he has the right to convey the said lands
to the said mortgagee. 6.

And also, that the said mortgagor now hath in himself good
right, full power and lawful and absolute authority to convey the said
lands, tenements, hereditaments, and all and singular other the
premises hereby conveyed or hereinbefore mentioned or intended
so to be, with their and every of their appurtenances unto the said
mortgagee, his heirs, executors, administrators, successors and
assigns, in manner aforesaid, and according to the true intent and
meaning of these presents. 7. And that on default the mortgagee shall have quiet
possession of the said lands. 7.

and according to the true intent and
meaning of these presents. 7. And that on default the mortgagee shall have quiet
possession of the said lands. 7.

And also, that from and after default shall happen to be made
of or in the payment of the said sum of money, in the said above
proviso mentioned, or the interest thereof, or any part thereof, or of
or in the doing, observing, performing, fulfilling or keeping of some
one or more of the provisions, agreements or stipulations in the said
above proviso particularly set forth, contrary to the true intent and
meaning of these presents, and of the said above proviso, then, in
every such case, it shall and may be lawful to and for the said
mortgagee, his heirs, executors, administrators, successors and
assigns, peaceably and quietly to enter into, have, hold, use,
occupy, possess and enjoy the aforesaid lands, tenements,
hereditaments and premises hereby conveyed or mentioned or
intended so to be, with their appurtenances, without the let, suit,
hindrance, interruption or denial of him the said mortgagor, his heirs,
executors, administrators, successors or assigns and any other
person or persons whomsoever. 8. Free from all encumbrances. 8.

d mortgagor, his heirs,
executors, administrators, successors or assigns and any other
person or persons whomsoever. 8. Free from all encumbrances. 8.

And that free and clear and freely and clearly acquitted,
exonerated and discharged of or from all arrears and assessments
whatsoever due from, upon or in respect of the said lands,
tenements, hereditaments and premises or any part thereof and of
and from all former conveyances, mortgages, rights, annuities,
debts, executions and recognizances,and of and from all manner of
other charges or encumbrances whatsoever. 9. And that the said mortgagor will execute such
further assurances of the said lands as may be
requisite. 9. And also, that from and after default shall happen to be made
or the payment of the said sum of money in the said proviso
mentioned, or the interest thereof, or any part of such money or
interest in the doing, observing, performing, fulfilling or keeping
some one or more of the provisions, agreements or stipulations in
the said above proviso particularly set forth, contrary to the true
intent and meaning of these presents and of the said proviso, then
and in every such case the said mortgagor, his heirs, executors,
Column One Column Two

ent and meaning of these presents and of the said proviso, then
and in every such case the said mortgagor, his heirs, executors,
Column One Column Two

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administrators, successors and assigns and all and every other
person or persons whosoever having, or lawfully claiming any, or
who shall or may have or lawfully claim any estate, right, title,
interest or trust of, in, to or out of the lands, tenements,
hereditaments, and premises hereby conveyed or mentioned or
intended so to be, with the appurtenances or any part thereof, by,
from, under or in trust for him the said mortgagor, his heirs,
executors, administrators, successors or assigns shall and will, from
time to time, and at all times thereafter, at the proper costs and
charges of the said mortgagee, his heirs, executors, administrators,
successors and assigns, make, do, suffer and execute, or cause or
procure to be made, done, suffered and executed all and every such
further and other reasonable act, or acts, deed or deeds, devises,
conveyances, and assurances in the law for the further, better and
more perfectly and absolutely conveying and assuring the said
lands, tenements, hereditaments and premises, with the
appurtenances, unto the said mortgagee, his heirs, executors,
administrators, successors and assigns, as by the said mortgagee,
his heirs, executors, administrators, successors or assigns, or his or
their counsel learned in the law shall or may be lawfully and
reasonably advised or required, but so as no person who shall be
required to make or execute such assurances shall be compelled,
for the making or executing thereof to go or travel from his usual
place of abode.

be
required to make or execute such assurances shall be compelled,
for the making or executing thereof to go or travel from his usual
place of abode.

10. And that the said mortgagor will produce the title
documents enumerated hereunder, and allow copies to
be made at the expense of the mortgagee. 10.

0. And that the said mortgagor will produce the title
documents enumerated hereunder, and allow copies to
be made at the expense of the mortgagee. 10.

And also, that the said mortgagor, his heirs, executors,
administrators, successors and assigns shall and will, unless
prevented by fire or inevitable accident, from time to time, and at all
times hereafter, at the request and proper costs and charges in the
law of the said mortgagee, his heirs, executors, administrators,
successors or assigns at any trial or hearing in any action or
otherwise as occasion shall require, produce all, every or any
instrument or writing thereunder written for the manifestation,
defence and support of the estate, title and possession of the said
mortgagee, his heirs, executors, administrators, successors and
assigns, of, in, to, or out of the said lands, tenements, hereditaments
and premises hereby conveyed or mentioned or intended so to be,
and at the like request, costs and charges shall and will make and
deliver, or cause or procure to be made and delivered, unto the said
mortgagee, his heirs, executors, administrators, successors and
assigns true and attested or other copies or abstracts of the same
instruments and writings respectively, or any of them, and shall and
will permit and suffer such copies and abstracts to be examined and
compared with the said original documents by the said mortgagee,
his heirs, executors, administrators, successors and assigns.

acts to be examined and
compared with the said original documents by the said mortgagee,
his heirs, executors, administrators, successors and assigns.

11. And that the said mortgagor. 11. And also that the said mortgagor hath not at any time
heretofore made, done, committed, executed or wilfully or knowingly
suffered any act, deed, matter or thing whatsoever whereby or by
means whereof the said lands, tenements, hereditaments and
premises hereby conveyed or mentioned or intended so to be, or
any part or parcel thereof, are, is or shall or may be in anyway
impeached, charged, affected or encumbered in title, estate or
otherwise howsoever. Column One Column Two

hereof, are, is or shall or may be in anyway
impeached, charged, affected or encumbered in title, estate or
otherwise howsoever. Column One Column Two

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12. And that the said mortgagor will insure the
buildings on the said lands to the amountof not less
than ..........kwacha of lawful money of Zambia. 12.

And that the said mortgagor will insure the
buildings on the said lands to the amountof not less
than ..........kwacha of lawful money of Zambia. 12.

And also that the said mortgagor or his heirs, executors,
administrators, successors or assigns shall and will forthwith insure
unless already insured, and during the continuance of this security
keep insured against loss or damage by fire, in such proportions
upon each building as may be required by the said mortgagee, his
heirs, executors, administrators, successors or assigns, the
messuages and buildings erected on the said lands, tenements,
hereditaments and premises hereby conveyed or mentioned, or
intended so to be, in the sum of ...........kwacha of lawful money of
Zambia, at the least, in some insurance office to be approved of by
the said mortgagee, his heirs, executors, administrators, successors
or assigns, and pay all premiums and sums of money necessary for
such purpose, as the same shall become due, and will on demand
assign transfer and deliver over unto the said mortgagee, his heirs,
executors, administrators, successors or assigns the policy or
policies of insurance, receipt or receipts thereto appertaining; and if
the said mortgagee, his heirs, executors, administrators, successors
or assigns, shall pay any premiums or sums of money for insurance
of the said premises or any part thereof, the amount of such
payment shall be added to the debt hereby secured, and shall bear
interest at the same rate from the time of such payments, and shall
be payable at the time appointed for the then next ensuring payment
of interest on the said debt.

same rate from the time of such payments, and shall
be payable at the time appointed for the then next ensuring payment
of interest on the said debt.

13. And the said mortgagor doth release to the said
mortgagee all his claims upon the said lands subject to
the said proviso. 13.

13. And the said mortgagor doth release to the said
mortgagee all his claims upon the said lands subject to
the said proviso. 13.

And the said mortgagor hath released, remised, and for ever
quit claim, and by these presents doth release, remise, and for ever
quit claim unto the said mortgagee, his heirs, executors,
administrators, successors and assigns, all and every manner of
right, title, interest claim and demand whatsoever, of, unto and out of
the said lands, tenements, hereditaments and premises hereby
conveyed or mentioned, or intended so to be, and every part and
parcel thereof, so as that neither the said mortgagor, his heirs,
executors, administrators, successors or assigns, shall or may at
any time hereafter have claim, pretend to, challenge or demand the
said lands, tenements, hereditaments and premises or any part
thereof, in any manner howsoever, subject always to the said above
proviso; but the said mortgagee, his heirs, executors, administrators,
successors or assigns, and the said lands, tenements,
hereditaments and premises, subject as aforesaid shall from
henceforth forever hereafter be exonerated and discharged of and
from all claims and demands whatsoever which the said mortgagor,
his heirs, executors, administrators, successors or assigns might or
could have upon the said mortgagee, his heirs, executors,
administrators, successors or assigns, in respect of the said lands,
tenements, hereditaments and premises, or upon the said lands,
tenements, hereditaments and premises.

essors or assigns, in respect of the said lands,
tenements, hereditaments and premises, or upon the said lands,
tenements, hereditaments and premises.

14. Provided that the said mortgagee on default of
payment for................. may on..................... notice
enter on and lease the said lands or on default of
payment for................. may on ................... notice sell
the said lands. 14. Provided always, and it is hereby declared and agreed by and
between the parties to these presents, that if the said mortgagor, his
heirs, executors, administrators, successors or assigns, shall make
default in any payment of the said money or interest or any part of
either of the same,according to the true intent and meaning of these
presents and of the proviso in that behalf hereinbefore contained,
and.....shall have thereafter elapsed without such payment being
made (of which default, as also of the continuance of the said
principal money and interest, or some part
Column One Column Two

out such payment being
made (of which default, as also of the continuance of the said
principal money and interest, or some part
Column One Column Two

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thereof, on this security the production of these presents shall be
conclusive evidence), it shall and may be lawful to and for the said
mortgagee, his heirs, executors, administrators, successors or
assigns, after giving written notice to the said mortgagor, his heirs,
executors, administrators, successors or assigns, of his or their
intention in that behalf, either personally or at his or their usual or
last place of residence within this Province not less than ..... previous, without any further consent or concurrence of the said
mortgagor, his heirs, executors, administrators, successors or
assigns to enter into possession of the said lands, tenements,
hereditaments and premises hereby conveyed, or mentioned or
intended so to be, and to receive and take the rents, issues and
profits thereof, and whether in or out of possession of the same to
make any lease or leases thereof, or of any part thereof as he or
they shall think fit, and also on default as aforesaid and ..... shall
have thereafter elapsed and after giving written notice not less than
.....

or
they shall think fit, and also on default as aforesaid and ..... shall
have thereafter elapsed and after giving written notice not less than
.....

previous without any further consent or concurrence of the said
mortgagor, his heirs, executors, administrators, successors or
assigns to sell and absolutely dispose of the said lands, tenements,
hereditaments and premises hereby conveyed or mentioned, or
intended so to be, or any part or parts thereof, with the
appurtenances, by public auction or private contract, or partly by
public auction and partly by private contract as to him or them shall
seem meet, and to convey and assure the same when so sold unto
the purchaser or purchasers thereof, his or their heirs, successors,
or assigns, or as he or they shall direct and appoint and to execute
and do all such assurances, acts, matters and things as may be
found necessary for the purposes aforesaid, and the said
mortgagee, his heirs, executors, administrators, successors or
assigns shall not be responsible for any loss which may arise by
reason of any such leasing or sale as aforesaid unless the same
shall happen by reason of his or their wilful neglect or default; and it
is hereby further agreed between the parties to these presents, that,
until such sale or sales shall be made as aforesaid, the said
mortgagee, his heirs, executors, administrators, successors or
assigns shall and will stand and be possessed of and interested in
the rents and profits of the said lands, tenements, hereditaments
and premises, in case he or they shall take possession of the same
on any default as aforesaid, and after such sale or sales shall stand
and be possessed of and interested in the moneys to arise and be
produced by such sale or sales, or which shall be received by the
mortgagee, his heirs, executors, administrators, successors or
assigns, by reason of any insurance upon the said premises or any
part thereof, upon trust in the first place to pay and satisfy the costs
and charges of preparing for and making sales, leases and
conveyances as aforesaid, and all other costs, and charges,
damages and expenses which the said mortgagee, his heirs,
executors, administrators, successors or assigns, shall bear, sustain
or be put to for taxes, rents, insurances and repairs, and all other
costs and charges which may be incurred in and about the execution
of any of the trusts in him or them hereby reposed, and in the next
place to pay and satisfy the principal sum of money and interest
hereby secured or mentioned or intended so to be or so much
thereof as shall remain due and unsatisfied up to and inclusive of the
day whereon the said principal sum shall be paid and satisfied;
Column One Column Two

f as shall remain due and unsatisfied up to and inclusive of the
day whereon the said principal sum shall be paid and satisfied;
Column One Column Two

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and after full payment and satisfaction of all such sums of money
and interest as aforesaid upon this further trust that the said
mortgagee, his heirs, administrators, executors, successors or
assigns, do and shall pay the surplus, if any to the said mortgagor,
his heirs, executors, administrators, successors or assigns or as he
or they shall direct and appoint, and shall also, in such event, at the
request, costs and charges of the said mortgagor, his heirs,
executors, administrators, successors or assigns, convey and
assure unto the said mortgagor, his heirs, executors, administrators,
successors or assigns or to such person or persons as he or they
shall direct and appoint all such parts of the said lands, tenements,
hereditaments and premises as shall remain unsold for the purposes
aforesaid, freed and absolutely discharged of and from all estate,
lien, charge and encumbrance whatsoever by the said mortgagee,
his heirs, executors, administrators, successors or assigns, in the
meantime, but so as no person who shall be required to make or
execute any such assurances, shall be compelled for the making
thereof to go or travel from his usual place of abode: Provided
always and it is hereby further declared and agreed by and between
the parties to these presents, that notwithstanding the power of sale
and other the powers and provisions contained in these presents,
that the said mortgagee, his heirs, executors, administrators,
successors or assigns, shall have and be entitled to his right of
foreclosure of the equity of redemption of the said mortgagor, his
heirs, executors, administrators, successors and assigns in the said
lands, tenements, hereditaments and premises as fully and
effectually as he or they might have exercised and enjoyed the same
in case the power of sale, and the other former provisos and trusts
incident thereto had not been herein contained.

ave exercised and enjoyed the same
in case the power of sale, and the other former provisos and trusts
incident thereto had not been herein contained.

15. Provided that the mortgagee may distrain for
arrears of interest. 15. And it is further covenanted, declared and agreed by and
between the parties to these presents that if the said mortgagor, his
heirs, executors, administrators, successors or assigns shall make
default in payment of any part of the said interest at any of the days
or times hereinbefore limited for the payment thereof, it shall and
may be lawful for the said mortgagee, his heirs, executors,
administrators, successors or assigns, to distrain thereof upon the
said lands, tenements, hereditaments and premises, or any part
thereof, and by distress warrant, to recover by way of rent reserved,
as in the case of a demise, of the said lands, tenements,
hereditaments and premises, so much of such interest as shall, from
time to time, be, or remain in arrear and unpaid, together with all
costs, charges and expenses attending such levy or distress, as in
like cases of distress for rent. 16. Provided that in default of the payment of the
interest hereby secured, the principal hereby secured
shall become payable. 16.

distress for rent. 16. Provided that in default of the payment of the
interest hereby secured, the principal hereby secured
shall become payable. 16.

Provided always, and it is hereby further expressed declared
and agreed by and between the parties to these presents, that if any
default shall at any time happen to be made of or in the payment of
the interest money hereby secured or mentioned or intended so to
be, or any part thereof, then and in such case the principal money
hereby secured or mentioned, or intended so to be, and every part
thereof, shall forthwith become due and payable in like manner and
with the like consequences and effects to all intents and purposes
whatsoever, as if the time herein mentioned for payment of such
principal money had fully come and expired, but that in such case
the said mortgagor, his heirs,
Column One Column Two
executors, administrators, successors or assigns, shall on payment
of all arrears under these presents, with lawful costs and charges in
that behalf, at any time before any judgment in the premises
recovered or within such time as by the practice of the High Court
relief therein could be obtained, be relieved from the consequence of
non-payment of so much of the money secured by these presents,
or mentioned, or intended so to be as may not then have become
payable by reason of lapse of time.

of so much of the money secured by these presents,
or mentioned, or intended so to be as may not then have become
payable by reason of lapse of time.

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17. Provided that until default of payment the
mortgagor shall have quiet possession of the said
lands. 17.

airs, Government of the Republic of Zambia
17. Provided that until default of payment the
mortgagor shall have quiet possession of the said
lands. 17.

And provided also, and it is hereby further expressly declared
and agreed by and between the parties to these presents, that until
default shall happen to be made of or in the payment of the said sum
of money hereby secured or mentioned, or intended so to be, or the
interest therein, or any part of either of the same, or the doing,
observing, performing, fulfilling or keeping some one or more of the
provisions, agreements or stipulations herein set forth, contrary to
the true intent and meaning of these presents, it shall and may be
lawful to and for the said mortgagor, his heirs, executors,
administrators, successors and assigns, peaceably and quietly to
have, hold, use, occupy, possess and enjoy the said lands,
tenements, hereditaments, and premises hereby conveyed or
mentioned, or intended so to be, with their and every of their
appurtenances, and receive and take the rents, issues and profits
thereof to his and their own use and benefit, without suit, hindrance,
interruption, or denial of or by the said mortgagee, his heirs,
executors, administrators, successors or assigns, or of or by any
other person or persons whomsoever lawfully claiming, or who shall,
or may lawfully claim by, from, under or in trust for him, her, them or
any or either of them.

or persons whomsoever lawfully claiming, or who shall,
or may lawfully claim by, from, under or in trust for him, her, them or
any or either of them.

FIFTH SCHEDULE
(Regulation 32)
TERMS OF OCCUPANCY

FIFTH SCHEDULE
(Regulation 32)
TERMS OF OCCUPANCY

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1. During the term of the licence and any extension or renewal thereof the Occupant shall for such
licence pay to the Council on or before the last day of each month commencing with the month next
following the date of the licence such fee or fees as shall be declared by the Council (with the
approval of the Minister responsible for housing) with respect to the following components:
(a) a charge for water supplied to the Improvement Area;
(b) a charge for sewage service if any supplied to the Improvement Area;
(c) a charge in lieu of rates based on the value of the average or normal dwelling and
outbuildings within the Improvement Area;
(d) a charge for a fair share of the cost of any service provided especially for such Improvement
Area. 2.

d
outbuildings within the Improvement Area;
(d) a charge for a fair share of the cost of any service provided especially for such Improvement
Area. 2.

(a) The Council shall not be liable to the Occupant for any personal injury damage loss or
inconvenience howsoever or wheresoever caused to him or her or to any goods or chattels brought
by any person upon the premises, it being the intention of and agreed between the parties hereto that
the Occupant and any other person exercising the rights at the invitation of the Occupant shall do so
at the risk of the Occupant; and accordingly the Occupant agrees to indemnify the Council against all
claims by any visitor to the premises whether with or without the permission of the Occupant. (b) By "claims" in the preceding sub-paragraph is meant a claim or claims in respect of the
condition of the premises or for breach of the statutory or common duty of care or for the negligence
of the Council or of the Occupant or of those for whose negligence the Council could or might
otherwise be responsible. 3. The Occupant convenants with the Council as follows:
(a) To make the payments in accordance with the foregoing provisions and with the licence
whether the same be demanded or not.

the Council as follows:
(a) To make the payments in accordance with the foregoing provisions and with the licence
whether the same be demanded or not.

(b) Where the building is a dwelling and its outbuildings to occupy the premises as a residence
for himself and his immediate family only, and to use his best endeavours to expel any
person or persons poaching or trespassing on the premises; and in particular not to take
in any lodger or other occupant without the consent of the Council; and not to do or
permit or suffer to be done anything which shall cause annoyance inconvenience or
disturbance to any adjoining occupant. (c) Not to use the premises for any purposes other than the permitted use and not to do any
damage to the premises or any part thereof; and to observe and perform all statutory
requirements and give prompt and sufficient effect to all orders directions notices and
requests of any competent authority; and in particular not to do or permit or suffer to be
done any addition to or change in the structure of any of such buildings without
previously having obtained a building permit from the Council. (d) To exercise the rights hereby granted in such manner as to do as little damage as possible
and to make adequate compensation for any damage nevertheless caused.

e the rights hereby granted in such manner as to do as little damage as possible
and to make adequate compensation for any damage nevertheless caused.

(e) To keep the premises clean and tidy and clear of litter and in a good state of repair, and not
to pollute the premises or allow any pollution to escape therefrom. (f) Not to sub-license or assign the benefit or part with the rights hereby granted over the
premises or any part thereof except with the express approval of the Council; but upon
the death or mental incapacity of the Occupant during the term of this licence or any
extension or renewal thereof, the person or persons entitled by law to succeed the
Occupant shall be entitled to continue to occupy the said buildings during the unexpired
period of such term. (g) To keep the Council and all those authorised by them to use the premises indemnified
against all damage loss and injury of every description which may occur to or affect the
Council or such other persons as aforesaid or their property and which may arise from or
through the exercise of the rights by any authorised person including any persons invited
or permitted by the Occupant or the
non-observance of any of the items of this licence however expressed or implied.

son including any persons invited
or permitted by the Occupant or the
non-observance of any of the items of this licence however expressed or implied.

(h) Within three calendar months of the termination of this licence or any renewal or extension
thereof by effluxion of time or for any other reason whatsoever, on an appropriate written
request being served by posting on the premises, such request to be made either before
or within three calendar months thereafter, to remove all buildings fixtures or other works
constructed on the land before or after the date hereof, and to leave the site clean and
tidy to the reasonable satisfaction of the Council. 4. This licence may be determined forthwith by notice given by the Council-
(a) by the effluxion of time. (b) if at any time any payment due hereunder is unpaid for three calendar months after
becoming due whether demanded or not.

by the effluxion of time. (b) if at any time any payment due hereunder is unpaid for three calendar months after
becoming due whether demanded or not.

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5. Upon failure of the Occupant to pay within three calendar months next following its due date any
one or more of the monthly instalments of fees enumerated in paragraph 1 above the Council shall
have the right to discontinue the supply of water to the part of the Improvement Area within which the
building or buildings of the Occupant are situated. 6. Nothing herein contained shall prevent the Occupant upon receiving the proper consent of the
Council and only then, from using all or part of the licensed premises for the purpose of operating a
shop or of conducting artisanal activities upon or within the said building as the Council may permit,
provided that such operation does not in any respect violate the provisions of this licence. 7.

or within the said building as the Council may permit,
provided that such operation does not in any respect violate the provisions of this licence. 7.

The licence shall confer no tenancy upon the Occupant, and possession of the premises shall
be retained by the Council subject however to the rights created by this licence; and the Council shall
at any time have the right to enter upon the lands and to inspect the buildings upon such lands or to
instal or erect any works thereon which the Council deems to be in the general interest of the
Improvement Area or its occupants. If the medical officer of health considers that the dwelling or any
outbuilding thereof is unfit for human habitation or use, he shall be entitled to serve notice of such
decision on the Occupant, and the Occupant shall do or cause to be done such alteration (including
demolition if such notice so prescribes) as such notice shall order. 8. The costs charges and expenses in connection with this licence including any charges for
registration thereof in the Council Registry shall be paid by the Occupant. 9. Any notice to be given to the Council under or pursuant to the licence shall be sufficiently given
by mailing such notice postpaid to the Council at P.O.

notice to be given to the Council under or pursuant to the licence shall be sufficiently given
by mailing such notice postpaid to the Council at P.O.

Box ..........; and any notice to be given to the
Occupant shall be sufficiently given by posting the same upon the dwelling or other building on the
licensed premises.

d any notice to be given to the
Occupant shall be sufficiently given by posting the same upon the dwelling or other building on the
licensed premises.

SIXTH SCHEDULE
(Regulation 38)
REGISTRATION FEES
The fees to be charged by, and paid to, a Council registrar shall be as follows:
Fee units
For application for consent of mortgage, assign or transfer....................................................................................................80
For registration of mortgage or caveat....................................................................................................................................80
For registration of assignment or transfer................................................................................................................................90
For the preparation and issue of a certificate of title..............................................................................................................100
For the preparation and issue of an occupancy licence..........................................................................................................80
For the preparation and issue of a land record card................................................................................................................80
For any change of ownership for improvement areas..............................................................................................................40
For the preparation and issue of lost certificates of title and occupancy licences..................................................................90
For the replacement of damaged covers for certificates of title and
occupancy licences..............................................................................................................................................................80
For applications for change of ownership by press advertisement..........................................................................................80
For the preparation and issue of a contract of sale..................................................................................................................90
For registration of a power of attorney, discharge of
mortgage or withdrawal of caveat........................................................................................................................................80
For change of particulars on certificate of title, occupancy
licence or land record card..................................................................................................................................................80
For the replacement of damaged certificate of title................................................................................................................100
For the replacement of damaged occupancy licence..............................................................................................................90
For the purposes of conducting an official search in the registry............................................................................................80
(As amended by S.I.

g an official search in the registry............................................................................................80
(As amended by S.I.

No. 124 of 1993 and Act No. 13 of 1994)

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HOUSING (STATUTORY AND IMPROVEMENT AREAS)
SECTION 47-THE HOUSING (STATUTORY AND I MPROVEMENT AREAS ) (M ORTGAGES )
(Z AMBIA NATIONAL BUILDING SOCIETY) REGULATIONS
Regulations by the Minister
Statutory Instrument
146 of 1982
1. These Regulations may be cited as the Housing (Statutory and Improvement
Areas) (Mortgages) (Zambia National Building Society) Regulations.
Title
2. Notwithstanding the provisions of the Housing (Statutory and Improvement
Areas) Regulations, where any land is intended to be mortgaged or made security other
than by way of deposit of documents of title, and the mortgage or security is in favour of
the Zambia National Building Society, the mortgagor, or if the mortgagor lacks legal
capacity, the guardian or other person appointed by the court to act on his behalf in the
matter, shall execute the mortgage in the form set out in the Schedule, which must be
registered.
Form of mortgage S.I.
No.
55 of 1975
SCHEDULE
(Paragraph 2)
FORM OF MORTGAGE

e mortgage in the form set out in the Schedule, which must be
registered.
Form of mortgage S.I.
No.
55 of 1975
SCHEDULE
(Paragraph 2)
FORM OF MORTGAGE

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
THIS MORTGAGE DEED made the
day of One thousand nine hundred and
BETWEEN
(hereinafter called "the Borrower") of the one part and ZAMBIA NATIONAL BUILDING SOCIETY
registered under the Building Societies Act (Cap. 412 of the Laws of Zambia) (hereinafter called "the
Society") of the other part. IN CONSIDERATION of the principal sum specified in the Schedule hereto (hereinafter called "the
principal sum") to be advanced by the Society to the Borrower subject to the provisions hereof in the
manner and at the time or times hereinafter mentioned witnesseth as follows:
1.

by the Society to the Borrower subject to the provisions hereof in the
manner and at the time or times hereinafter mentioned witnesseth as follows:
1.

In these presents words importing the masculine gender only include the feminine and neuter
gender words importing the singular number only include the plural number and vice-versa and where
there are two or more persons included in the expression "the Borrower" or "the Surety" covenants
expressed to be made by the Borrower or the Surety shall be deemed to be made by such persons
jointly and severally and unless the context otherwise requires the expression "Person" includes a
body of persons and a corporation the expressions "the Borrower" and "the Society" include all
persons deriving title under them respectively the expression "the Surety" includes the personal
representatives of the Surety the expression "the Board" means the Board of Directors for the time
being of the Society the expression "Rules" means the Rules and Regulations of the Society for the
time being in force the expression "Lease" includes a grant at a fee farm rent or securing a rent by
condition and the expression "Leasehold" and "Lessee" and "Rent" shall be construed accordingly
the expression "Month" means a calendar month the expression "Financial Year" means the twelve
months ending on the thirty-first day of March in any year and the expression "Mortgaged Property"
means the Land described in the Schedule hereto with the buildings and improvements erected or
hereafter to be erected thereon.

n "Mortgaged Property"
means the Land described in the Schedule hereto with the buildings and improvements erected or
hereafter to be erected thereon.

2. THE BORROWER covenants duly and punctually to pay to the Society the principal sum with
interest theron computed at the rate and in the manner hereinafter provided by the monthly
instalments specified in the said Schedule payable on the dates mentioned in such Schedule until the
principal sum and interest shall be fully paid and satisfied And also duly and punctually to pay to the
Society as and when the same shall respectively become payable all other moneys (including
interest) which by the Rules or by virtue of this Mortgage shall from time to time become payable by
the Borrower to the Society. Provided always that subject as hereinafter provided the Borrower may
at any time redeem this Mortgage upon the terms set forth in the Rules. 3.

iety. Provided always that subject as hereinafter provided the Borrower may
at any time redeem this Mortgage upon the terms set forth in the Rules. 3.

THE BORROWER covenants to pay to the Society (as well after as before any judgment)
interest at the rate specified in the said Schedule from the date of appropriation mentioned in such
Schedule computed and charged in manner following that is to say for the period up to and including
the thirty-first day of March next interest shall be computed and charged at the said rate on the whole
of the principal sum and for each financial year commencing after the thirty-first day of March next
interest shall be computed at the said rate upon the total indebtedness hereunder (whether for the
principal sum interest or other moneys) of the Borrower to the Society at the commencement of the
financial year interest to be due and charged in account on the first day of April of the financial year
for which it is payable and no part of any payment made by the Borrower shall be treated as a
repayment of principal until all interest due or accrued has been paid And for the purpose of
computing and charging interest hereunder the whole of the principal sum shall be deemed to have
been advanced by and become owing to the Society on the said date of appropriation. 4.

ereunder the whole of the principal sum shall be deemed to have
been advanced by and become owing to the Society on the said date of appropriation. 4.

IF DEFAULT shall be made by the Borrower for one month in the payment of some instalment or
other money herein or in any deed or instrument made supplemental to or collateral with these
presents covenanted to be paid by the Borrower or if he shall make default in the observance or
performance of the stipulations agreements and provisions (other than for the payment of money)
herein or in any such deed or instrument contained or implied or of some or one of them or if the
Borrower or any one or more of the persons included in that expression shall become bankrupt or
have a receiving order made against him or enter into any statutory or other composition or
arrangement with or for the benefit of his creditors or if (being a corporation) an order is made or an
effective resolution passed for winding up or a receiver is appointed for debenture or debenture stock
holders of the Borrower then and in any such cases notwithstanding the covenant for the payment of
the principal sum by instalments the whole of the balance of the principal moneys then remaining
secured hereunder shall immediately become due and payable by the Borrower to the Society and be
recoverable by the Society on demand with interest thereon at the said rate (computed and charged
as hereinbefore provided) until payment thereof Provided always that subject and without prejudice to
the right of the Society at any time thereafter to recover on demand the whole of such moneys and
interest thereon the Borrower shall continue liable under his covenants in that behalf hereinbefore
contained to pay to the Society the principal sum and the interest thereon by the said monthly
instalments and to pay all other moneys which according to the Rules or by virtue of these presents
have or shall become payable.

by the said monthly
instalments and to pay all other moneys which according to the Rules or by virtue of these presents
have or shall become payable.

5. NOTWITHSTANDING the provisions hereof for the payment of the principal sum and interest
thereon by instalments the Society may at any time by six months' notice in writing to the Borrower

for the payment of the principal sum and interest
thereon by instalments the Society may at any time by six months' notice in writing to the Borrower

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
(This clause does not apply if a surety is not named)
(hereinafter called "the Surety") should guarantee the payment of the money secured by this
Mortgage the Surety hereby covenants and agrees with the Society in the terms of all the covenants
by the Borrower and the agreements hereinbefore contained and such covenants shall operate and
take effect in all respect as joint and several covenants by the Borrower and the Surety with the
Society and the said agreements shall be binding as well on the Surety as on the Borrower.

d several covenants by the Borrower and the Surety with the
Society and the said agreements shall be binding as well on the Surety as on the Borrower.

Without
prejudice to the rights of the Surety against the Borrower as principal debtor the Surety shall as
between the Surety and the Society be deemed a principal debtor under the foregoing covenants by
the Surety and not merely a surety and accordingly shall not be discharged nor shall the Surety's
liability be affected by any time or indulgence being given to or any arrangement or alteration of terms
being made with the Borrower or by the making of any further advance or re-advance or by the
variation of the provisions of this Mortgage or by any other act thing omission or means whatever
whereby the Surety's liability as surety only would or might but for this provision have been
discharged. 37. THE BORROWER acknowledges that he has been supplied with a copy of the Rules and has
retained the same.

t for this provision have been
discharged. 37. THE BORROWER acknowledges that he has been supplied with a copy of the Rules and has
retained the same.

IN WITNESS whereof
THE SCHEDULE hereinbefore referred to
Principal sum:
Date of appropriation:
Rate of interest:
Monthly instalments of principal and interest:
Dates on which monthly
instalments are to be paid: The first day of every month during the continuance of this Mortgage
commencing with the first day of the month next succeeding the month
during which the principal sum or a part thereof shall have been
advanced by the Society. The said principal sum is to be advanced by the Society to the Borrower after registration of these
presents at such times and in such proportions during the progress of works in course of erection or
construction on the Mortgaged Property and subject to such approval and on such terms as the
Board deems expedient. Description of Mortgaged Property
ZAMBIA NATIONAL BUILDING SOCIETY hereby acknowledges to have received all moneys
intended to be secured by the within written deed
IN WITNESS whereof the seal of the Society is hereto affixed this
day of
One thousand nine hundred and
by order of the Board of Directors in the presence of:
Members of the Seal Committee