Toolbox

The purpose of this activity is to evaluate and analyse the existing land use regulation and management system in terms of information on land parcels, rights and tenure. Based on the analysis of the land use management system, we proceed to define the land management instruments that will allow the mobilisation and valorisation of land, as a result of public investment and regulations that will increase the possibility of having better urban financing.

What is land tenure?
Land tenure is the relationship between people and land. Each country establishes land tenure legislation to define how land rights are allocated and administered. They also define how access, rights of use, control and transfer land is granted, as well as the associated responsibilities and restrictions. In simple terms, land tenure systems determine who can use which resources, for how long and under what conditions.

Land tenure is an important part of social, political and economic structures. It is multidimensional and brings into play social, technical, economic, institutional, legal and political aspects that are often overlooked but need to be taken into account. Land tenure relations may be well defined and enforced in a formal court of law or through customary structures in a community. Alternatively, they may be ill-defined, ambiguous and open to exploitation. 

What are land management instruments? 
Land management instruments are those that facilitate land use planning by handling aspects linked to the exercise of planning, establishing financing and facilitating actions in the physical space. Within the process of land use and urban planning that municipal authorities deal with when defining uses and intensities, together with facilities and infrastructure that have an impact on the generation of capital gains, the legal framework sets out a series of land management instruments that can facilitate actions and their financing in the physical space.

A number of land management instruments are available within the different scales of legislation (national, regional and municipal laws) which should be chosen according to their degree of feasibility and compatibility with the proposed strategy, the secondary zoning and the previously established initiatives and projects and which, if necessary, will be complemented by specific regulations.

With this in mind, this activity begins with a proper understanding of the current situation of the land in the city if there is any instrument for managing, regulating and optimising land development and the spatial organisation of improvements and uses of land. 

With a clear understanding of the system in place, the next step is to map the current land tenure situation of the Development Zones (Activity 21). It should also be considered, if necessary, to do this land tenure mapping in those areas where projects from the strategic project portfolio are located, which require land for their implementation. The intention of mapping at the zone or sub-zone scale allows the technical team to obtain results on the legal status of each property within a reasonable period of time. Progressively, the city will have a better understanding of the current land tenure situation at the city scale each time it proposes new partial plans or neighbourhood plans. The team will use the T48 Land Tenure Typologies Guide for the classification and mapping for both formal and informal land. 

Once there is an understanding of the legal situation of the land that is part of the area of interest (i.e. sector plan, neighbourhood plan or portfolio of strategic projects) the team can start with the process of formulating a proposal for land management instruments, applicable to the municipality and the context of the project. This proposal of instruments should be made using the results of: Formulation of Strategies and Initiatives (Activity 22), the strategic project portfolio Development of Strategic Project Sheets (Activity 41) and/or the projects of the Land Management Plan (Block F).

The land management instruments, that will allow the fulfilment of the city´s strategy and vision, should take in consideration the reality of the municipality in its urban and rural areas; particularly in the specific areas or sector were the projects will be implemented in. The technical team will define the management instruments compatible to the context of the urban area and applicable to the municipality using the T49 Land Management Instruments Guide.