The ministry of infrastructure has temporarily suspended the issuance of construction permits related to conditional land use and overlay zones due to malpractices. A conditional land use permit is issued by a local authority allowing a landowner or developer to use land for a purpose not automatically permitted under zoning regulations but may be allowed under certain conditions. For example, small-scale commercial developments may be allowed in residential areas to provide convenience for daily shopping needs, according to the 2022 National Land Authority (NLA) land use zoning regulations. Similarly, civic facilities such as schools, day care centres, and religious facilities may be permitted in residential zones if they meet requirements like parking and noise standards. ALSO READ: Gasabo recalls construction permits over fraud spotlight Such uses may be permitted “conditionally” following assessment and approval by the City of Kigali and District One Stop Centres. Normally, the land use master plan is implemented through zoning regulations. Zoning defines types of uses and guides development in a logical and orderly way. The Zoning Plan provides landowners, developers, and stakeholders with clarity on what can and cannot be developed on any land parcel in Kigali and other districts, according to Eng. Albert Rene Yuli Nahimana, founder of REEC LTD. He said every landowner should be aware of three land use categories in zoning: Permitted, Conditional, and Prohibited. “For conditional land use, you can request a permit to build, for instance, a nursery school, although it was not initially planned. We have seen big projects like hotels requesting conditional and overlay permits. Some involve corruption due to lack of a clear framework,” he explained. ALSO READ: Rwanda introduces improved building permit issuance system Currently, no new permits should be issued for ‘conditional land use’ and overlays until a proper framework is developed to ensure responsible issuance in accordance with the law, according to the ministry. Nahimana said landowners who already got permits should be protected from loss. “The One Stop Centre should involve relevant institutions such as land authority, water board, districts, agriculture entities, and others to prevent malpractices and conflicting decisions,” he said. Eng. Emmanuel Nsengiyumva, an expert in architecture and project execution, added: “Projects already granted permits should remain unaffected. The government should enact regulations ensuring assessors issue permits lawfully and carefully.” The New Times looks at projects that are allowed to get construction permits in different zones on the master plan, those prohibited, and those which are allowed to get construction permits under conditional land use. Conditional land use permits in R1 Zone This Low Density Residential Zone (R1) applies to new and redeveloped residential areas as per land titles (UPI). Single-family homes are allowed. Apartments, industrial uses, and major infrastructure are prohibited. Conditional land use permits allow construction of semi-detached houses, restaurants, guest houses, small lodges, hotels (and ancillary uses), public facilities (if designated), commercial retail, and accessory units. Conditional land use permits in R1A zone This residential zone is for semi-detached houses, townhouses, multifamily houses, and low-rise developments. Permitted projects include single-family, semi-detached, multifamily houses, apartments, townhouses, row houses, and home occupations. Prohibited projects include industrial uses and major infrastructure. ALSO READ: City to refund Rwf120m in overpaid permit fees Conditional land use permits allow restaurants, guest houses, lodgings, hotels, public facilities, commercial retail, and accessory residential units. Conditional land use permits in R1B zone R1B is for compact rural residential development. It supports low-rise housing linked to farming and public facilities. Single-family, multifamily houses such as 4-in-1, 8-in-1 houses as per IDP Model Villages, apartments, townhouses, row houses, home occupations, R2 provisions, and accessory units are permitted. Industrial uses and major infrastructure are prohibited. Restaurants, guest houses, hotels, public facilities, commercial retail, and accessory units are permitted for conditional land uses. Conditional land use permits in R2 zone R2 supports upgrading unplanned settlements and redevelopment. It allows row housing, apartments, home occupation, and accessory units. Prohibited: industrial uses, major infrastructure, and single-family houses. Conditional land use permits allow restaurants, hotels (and ancillary uses), guest houses, lodges, public facilities , commercial retail, offices, and micro-enterprises. ALSO READ: Why some landowners will wait longer for construction permits Conditional land use permits in R3 zone R3 enables intensification and redevelopment of peri-urban and greenfield areas with diverse housing strategies intended for low-income housing and high-intensity development. The zones permit row houses, apartments, multifamily houses, accessory units, and home occupation. Prohibited uses include single-family houses, industrial uses, major infrastructure, and developments not meeting affordability criteria. Conditional land uses include restaurants, hotels/guest houses (and ancillary uses), public facilities, commercial retail, offices, and micro-enterprises. Conditional land use permits in R4 zone High Density Residential Zone (R4) enables medium-rise housing with integrated commercial, public facilities, and eco-tourism. It allows high-density residential, home occupation, and R2 house types (if plot is less than 750 sqm). Prohibited are industrial uses and major infrastructure. Conditional land use permits include restaurants, hotels (and ancillary uses), guest houses, lodges, public facilities , commercial retail, offices, and micro-enterprises. Conditional land use permits in Mixed Use Commercial (C1) zone C1 promotes flexible mixed-use development and employment opportunities. Commercial/retail, restaurants, recreation, offices (above ground floor), co-working spaces, residential, and home occupations are permitted. Prohibited projects are large-scale commercial complexes, industrial uses, and major infrastructure. Conditional land use permits concern public facilities, transport terminals, hotels, wholesale and warehousing, garages, and petrol stations. Conditional land use permits in City Commercial Zone (C3) Permitted projects include all C1 uses, shopping centres, offices, hotels, apartments, leisure/entertainment centres (e.g. cinemas), galleries, schools, and co-working spaces. Prohibited projects are major industrial uses and infrastructure. Conditional use looks at public facilities, petrol stations, transport hubs, warehousing, and garages. The Regional Commercial (C4) zone Supports regional economic development in areas with transport access and planned centres. Permitted projects include all C1 uses, shopping centres, offices, hotels, apartments, leisure/entertainment venues, galleries, educational institutions, and co-working spaces. Prohibited ones are major industries and infrastructure. Conditional use permits are given to public facilities, petrol stations, transport interchanges, wholesale, warehousing, and garages. Agricultural Zone (A1) Permitted: crop farming, agroforestry, greenhouses, beekeeping, fish farming, and irrigation. Prohibited activities include non-agro industrial uses, unrelated residential or commercial uses, unrelated public facilities, and agriculture in buffer zones (except agroforestry). Conditional use permits are given to temporary farm stores, feeder roads, drying/washing stations, selling points, livestock farming, and supporting facilities. Forest Plantation Zone (F1) Prohibited projects include industrial, residential, commercial uses, major public facilities, and major infrastructure. Conditional use land permits included those for infrastructure, small-scale value addition, botanical gardens, arboretums, trails for hiking and bird-watching, recreational facilities (bicycle trails, picnic areas), camping sites, park facilities (toilets, changing rooms), construction material production, and beekeeping.
