Archive for August, 2010

Pay attention to the layout of your Site

Friday, August 27th, 2010

Many people put the cart before the horse when planning their new homes. In many, they tend to fall in love with a floor plan and pay little or no attention to the site where the plan is to be built.

Instead of treating the floor plan and the site as different elements, it is important to understand the relationship between the two and how they can work together to produce spectacular results.

By accentuating the positive aspects of a site, you will gain the best views and allow yourself more privacy and control over “problem” areas that may need camouflage.

The considerations
Many of the issues to consider when selecting a site have little to do with the land and everything to do with lifestyle. Some important aspects include school locations, proximity to work and recreation facilities, among others. When you start to shop, you will discover that sites are as individual as the owners.
After considering what it is you are looking for in terms of land, it is time to evaluate the site’s physical characteristics.

Ask yourself the following questions: Is the site heavily treed? Is it level or sloping in appearance? Is the site susceptible to flooding due to poor drainage? What are the deed restrictions and setbacks?

Problems arising

Problems crop up in unusual places. For instance, your home site may have a beautiful, natural appearance now, but when cleared for construction, the top six inches of soil will be gone. This means that the grass, natural shrubbery and small trees will be removed from the construction area, and may leave you with land that looks different.

Heavily treed home sites are appealing to many people, but can present additional construction costs. Builders will need to remove all the trees within two metres of the house, as well as the trees in the areas of the driveway, sidewalks and septic tanks.

Sloping sites

Low-lying or sloping sites can also add considerable construction costs to a project. The costs of fill or cut away and special construction requirements add up quickly, especially if the home is susceptible to drainage problems.
If the sloping home site has a great view, you may want a custom floor plan developed that follows the lay of the land. In the case of a steep elevation, for example, you could have some rooms on the lower ground floor like garages, or storage.

Authority approval

Beware of setbacks and title deed restrictions. Before you purchase a site, make sure that it can accommodate the home you want to build. Setbacks are regulated by the local approving authorities such as Kampala City Council (KCC) and Kira Town Council, among other authorities.

KCC has a minimum distance of 1.5metres for majority of the residential building as the distance between the boundary site and any building. (Still you have to check with the division approving authority).

The restrictions

Title deed restrictions can contain requirements on the size, how big the home should be and the percentage the house should cover, how many families are allowed to live on that particular land, style and appearance of a home.

It may be a good idea to check with the planning and zoning authority to disclose any restrictions before you buy. This information is actually available with the planners at the different divisions if you are in the Kampala area. You don’t want to compromise the style of the house you intend to build.

Design options

If you own property, but are not excited about the view, don’t worry. There are many creative floor plans that can be designed to create spectacular views.
One quick solution is the courtyard design. By opening the front, middle or rear of your home onto a courtyard or garden, you can capture a view and transform it into a personal oasis. Many urban residences utilise this concept around a swimming pool or garden, while metres away, the fencing or shrubbery hides adjacent homes.

Other captured views with which you may be familiar with include atriums and private gardens. We use these features to enhance the plans, private sitting areas and other interior areas that require natural lighting and privacy.

Land survey

If you are fortunate enough to have property that overlooks a lake, golf course, wooded area or town, you will probably want to take advantage of its positive attributes. First, study the land carefully.

Have a land survey conducted and, in heavily treed areas, consider a tree survey. The site should be visited and photographed from the position of the house looking out in all directions. By considering all angles of the property, the architect will be able to adapt the floor plan to the site.

Blending a perfect floor plan and a home site is not easy, but you will be glad you made the effort. By taking educated steps and by working with your architect, you will see that the results can surpass your wildest dreams.

End

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You should understand the Law on land

Friday, August 27th, 2010

Whether you are inheriting, buying or selling land, it is important to know the legal issues invloved and authorities to approach for assistance, writes Sharon M. Omurungi of Nation Media

Ms Anna Bukirwa, 24, thinks there is no need to learn about the land law. If the time comes when she cannot avoid it, then she will learn about it.
“That is why there are lawyers by the way, so why should I do their job. If I inherit or buy land or property, they will be there to render their services and I will be glad to hire them,” she says.

However, Mr Francis Namutwe, 45, says that if he had known the law earlier, he would not have spent a lot of money. “I first ran to the local council chairpersons thinking they would help, but it was all a waste of money and time,” he says.

He adds that by the time he went to the right authorities, he almost had no money to run the rest of the process.

The importance
Mr Fred Baka, a lawyer with Kayanja and Company Advocates in Kampala, says one mistake that people make is to run to the Resident District Commissioner (RDC) or local councils instead of lawyers or the court.

“Generally, most people do not understand the law. Well, let’s say they know a little through what they hear, but they mix it up; thus, ending up in the wrong places before going to the right places for help,” he says.

However, Mr Alex Nkabahona, a lecturer on peace and conflict studies at Makerere University, says, “There is a new awareness of the value of land now, especially with the discovery of oil and minerals.”

He adds that this has been prompted by outside investor interests. Locals are now beginning to look at land as a source of commercial capital. Depending on what position you are in regarding the land laws, get to know what you are supposed to do and not do.

Inheriting the land of the deceased
First of all, you have to have documents to show that you are a relative to the deceased. These documents are supposed to be taken to the administrator general who takes them to court for a petition to give you permission to the property.
“The process depends on the person handling it.” Mr Baka says. After the property has been changed to your names, then you have nothing to worry about.

Buying land
“Before you buy land, do a thorough research about it. Write to the lawyers to advise you on what to do,” Mr Baka advises. As part of the research on the land you intend to buy, especially mailo land, write to the land registrar who will reply you with a memo giving you all the details of the land. “If the names of the parties intending to sell are on the memo, then you are dealing with something valid,” he explains.

Selling land
The person selling land should be registered not a transferee. The owner of the land, with a land title, is the only one that can sell; the transferee (to whom a title or property is conveyed) cannot.

As a tenant
According to the law, to be a known tenant or squatter, you must have occupied the land for 12 years or more. Then the tenant can be able to attain a certificate of occupancy from the landlord.

“You are free to use the land for anything including development.” Mr Baka says, However, if one is to sell the land, they should give a notice to the landlord. The notification will help the new people (the new landlords) to have the title to the land.

Land tax
When buying land, the owner pays 10 per cent of the transactions made on that land to the Uganda Revenue Authority. “That is why you get the land title. The percentage is partially meant for that purpose. You pay once unless you are on lease,” Mr Baka says. He adds that the amount paid for leasing the land depends on the time the land will be leased. The leasing amount can be paid in two ways; premium, where one pays for the value of land and annual rate, this is paid depending on the location.

Owning land is wealth and Mr Baka argues that wealth leads to prosperity and development of the person and country at large. So getting to know all you need about the land laws can be helpful to avoid money and time wastage in the future.

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