The Ministry of Infrastructure has temporarily suspended the issuance of construction permits related to conditional land use and overlay zones due to malpractices. ALSO READ: Gasabo recalls construction permits over fraud spotlight A conditional land use permit is a type of approval issued by a local authority that allows a landowner or developer to use land for a purpose that is not automatically permitted under the zoning regulations of the land use master plan, but which may be allowed under certain conditions. The proposed land use must be compatible with the general zoning plan but may require additional review or conditions to ensure it aligns with public interest. This often involves public participation or consultation as part of the review process. These permits are usually issued by the District One Stop Centre or relevant planning bodies, following a technical review and recommendations from planning professionals. ALSO READ: Rwanda introduces improved building permit issuance system The suspension also affects overlay permits, which relate to developments in areas covered by an overlay zone such as wetland protection zones, cultural heritage areas, and hazard-prone areas, among others. Overlay permits are also administered by local planning authorities through the District One Stop Centres, in coordination with relevant ministries or agencies such as the Rwanda Environment Management Authority for ecological overlays. In line with its commitment to sustainable urban development, the Ministry of Infrastructure stated that, through the Ministry of Local Government, it is imposing a temporary suspension on the issuance of construction permits for conditional land use and overlay zones. ALSO READ: City to refund Rwf120m in overpaid permit fees “The conditional land use permits would, for instance, allow part of a neighbourhood to be turned into a residential or commercial area, contrary to what the master plan recommended, Infrastructure Minister Jimmy Gasore told The New Times. However, some people were misusing these provisions for conditional land use. We discovered that permits were being issued to the extent that an entire neighbourhood could be converted into a residential or commercial zone for small shops, for example, even though only a small part had been designated for such change. This was a violation of the intended plan.” The minister added that the issue was observed countrywide, with many cases in Kigali, although he did not provide specific details. In a statement on July 29, the Ministry of Infrastructure said that, in collaboration with the Rwanda Housing Authority (RHA), it has been monitoring the issuance of construction permits related to conditional land use and overlays—additional rules applied on top of standard zoning to regulate development in areas requiring special attention or protection. “While such provisions are allowed under exceptional circumstances, as outlined in the Land Use Zoning Regulations, it has come to our attention that they are increasingly being misused. The growing number of permits issued for conditional land use and overlay zones, contrary to the exceptional nature intended by the regulations, has raised concerns about unregulated development and its long-term impact on our land use and urban planning objectives,” the statement reads. ALSO READ: Why some landowners will wait longer for construction permits To address these concerns, the ministry explained that it is imperative to develop a comprehensive framework to ensure the responsible issuance of conditional land use and overlay permits, in strict adherence to the law. This suspension will remain in effect until further notice, allowing time for the ministry, together with relevant stakeholders, to review current practices and establish clear guidelines for such permits. No new permits during the review The ministry stated that, to enforce this temporary measure, it will ensure that local authorities fully comply with the directive. “We request that the Ministry of Local Government immediately inform all relevant local authorities of this directive. During this period, no new permits for conditional land use and overlays should be issued. Existing projects that have already been granted such permits will be subject to review to ensure compliance with the law and the broader zoning regulations,” the announcement adds. Minister Gasore said they will work closely with all stakeholders to ensure that, going forward, the issuance of conditional land use and overlay permits is conducted in a manner that supports orderly development and the goals set forth in the National Urbanisation Policy. He noted that an exercise is being conducted nationwide to identify areas where violations were most severe, which could lead to the cancellation of some permits although the process will adhere to legal procedures protecting landowners who were officially issued the permits. “Compensation is also possible. Everything will depend on the outcome of the review. We will work with stakeholders, the private sector, and local government during the review,” he said.
