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Accueil > > Cameroon : rules governing the (...)

Cameroon : rules governing the creation of (...)

mardi 26 mars 2013

Decree N° 79 – 194 of 19 May 1979 to lay down rules governing the creation of layouts

THE PRESIDENT OF THE REPUBLIC

Mindful of the constitution of 2 june 1972 amended by law N° 75 – 1 of 9 May 1975 ;

Mindful of Ordinance N° 73 – 20 of the 19 May the regulate town planning in the united republic of cameroon.

HEREBY DECREE AS FOLLOWINGS :

PART ONE : GENERAL PROVISIONS

1. The operation resulting in the division of property into plots, shall whithin the meaning of the this decree constitute a layout.

2. Layouts shall be created on the initiative of their owners. They must be approved by the complement authority.

3. Subject to the obligation to obtain a town planning certificate before any sale, the formatlities for creating layouts shall not apply in the case of the division of a parcel of state or private land into less than four plots to be used for housing purpose if such plots are served by an existing public highway. The position and dimension of these lots must be such that they cannot be subject to any further subdivision.

PART II : PRIVATE INDIVIDUALS

CHAPTER ONE : LODGING AND EXAMINATION OF THE FILE RELATING TO THE LAYOUT

4. (1) The file relating to the layout shall be compliled in four copies and be lodgeg a tat the town hall in exhanges for an acknowledgement receipt.

(2) Each copy of the shall comprise :

a) an apllication whose original shall be stamped and signed by the owner or the legally authorized agent ;

b) an ownership certificate ;

c) a site plan drawn to a scale 1/5 000 or 1/10 000 extracted from the master town plan if necessary indicating the position of the land ;

d) the draft layout plan drawn on the basis of a scale of 1/500 or 1/1000 endosedorsed by the surveys service and comprising in particular :

-  the altimentry, either by contour lines drawn et 1m. vertical interval for lands of large areas or lands whose relief is hilly, or contour levels for lands of small areas or relatively flat land ;

-  the planimetry indicating, inter alias the existing roads and buldings as well as any slight changes of leved, the position of tall tress, the electric lines ;

-  the plots to be created, each plot being numbered and its area and shape indicated ;

-  the highways, indicating the alignment on the existing highways, to be preserved or widened, or whose construction is envisaged indicate their width ;

-  the open spaces, parking areas ;

-  any connection to railway lines or waterways, in the case of a layout for industriel purposes ;

(e)a work programme indicating the specification of the various structures to be built and, where necessary the conditions for their execution in stages ;

(f) regulations laying down the obligations and eassement of general interest imposed in the layout with regard in particular to the specifications and the nature if the bulding to be erected, the management of the property, tree planting and the fences ;

(g) clauses and conditions goveming the relations between the developer and the owner

(h) If need be the rules and regulations of the association formed by the purchases of plots for the management and maintenance of the roads, open spaces and strucutres of common interest not classified in the property of the council.

5. (1) As soon as the mayor receives the file he shall forward it wthin fiteen days together whit his reasonned option to the local town planning service.

(2) The latter shall have a period of 30 days to examine the file in conjunction with the other services concerned before forwarding it to the senior Divisional Officer with his recommendations.

6. The senior Divisional Officer shall take his decision by order, supported with reasons which shall be notofied to the developer, wthin the 15 days following the transmission of the file local town planning service.

7. (1) The order of the senior Divisional Officer shall set out the provisions with which the developer must comply as well as the rules and easements of general interest instituted in the layout, specifically :

- the execution of all the work necesseray for the provision of services namely : roads, water and electricity, drainage of water and evacuation of refuse and demarcation of plot ;

- the development of parking areas, open spaces and tree planting ;

(2) Moreover, it shall where necessary, make provision for :

- the participation of the developer in the expenses for the execution of the public facilities which meet the of the layout which are made necessary by its creation. The senior Divisional Officer may require that such participation be made in whole or in part through the transfer free of charge of certain plots to the public authorities ;

- the formation of an association in charge of the management and maintenance of the structures and installations of common interest ;

- the abolition or amendments of certain clauses in the clauses and conditions which are and eledric supply systems to those of the licence-holders.

CHAPTER II : PENALTIES

9. Without prejudice of the application of the penalties planned by the prescription n°73-20 of May 29th, 1973 governing the town planning in close(plain) Republic of Cameroon, any breach of the measures of the present decree is liable to punishments planned in the article R 370 of the Penal code.

PART III :

LAYOUTS CREATED BY THE STATE AND THE MUNICIPALITIES

CHAPTER ONE : LAYOUTS CREATED BY MUNICIPALITIES

10. When a municipality wishes to create or to develop a lot in the sense(direction) of the 1st article above, all the capacities(measures) planned in the title 2 of the present decree are applicable to it mutatis mutandis.

11. (1) For the lots of recasement aiming at the free transfer or for a fee of prizes(lots) to the populations left following the state-approved alteration work, the mayor seizes the local service(department) of the town planning of an including summary(basic) file(case) :

- A plan of situation ;

- A plan of prizes(lots) and public road network(garbage dump) ;

- A program of preparation

(2) The local service(department) of the town planning has a deadline(extension) of 30 days to examine the case in contact with the other services(departments) interested before passing on(transmitting) him(it) to the prefect, with its proposals.

(3) The order of approval of the prefect is notified to the mayor within 45 days in most, as from the date of the deposit(warehouse) of the file(case).

Chapitre II LAYOUTS CREATED BY THE STATE

12. The lots of the State are create on initiative of the loaded Minister domains, on possible proposal of the territorially competent prefect.

13. From reception to provide, the service(department) of the land registry raises(draws up), in contact with town planning services and roads, a project of lot in 4 copies, established on the basis of a topographic sunrise in the scale(ladder) 1/500 or of 1/1000 and including in particular :

- The altimetry, or by contour lines spaced out of 1m, for the grounds of big surface or the relief of which is bumped, or level sides for the grounds of small surface or relatively flat ;

- The levelness, indicating in particular ways and existing constructions as well as all the sensitive(perceptible) lowerings, the location of the trees of high stalk, the electric lines ;

- A report(relationship) of presentation(display) ;

- Prizes(lots) to be created, every prize(lot) being numbered and side with surface and configuration ;

- The public road network(garbage dump), with indication of the plan of the existing ways, to keep(preserve) or to widen, or of those who are thrown(planned), with indication of their width ;

- The green spaces, the parking areas and the playing fields ;

- The possible connecting in railroads or in leaks if it is about a lot with industrial use(custom) ;

14. To the project of mentioned in the article lot 15 above must be annexed :

- A plan of situation on the scale of 1/5000 or of 1/10000 extract of the guiding town planning scheme if necessary, indicating clearly the position of the ground ;

- A program of works indicating the characteristics of the diverse works to be realized and possibly the conditions of their realization by slices(edges) ;

- A specifications.

15. The complete file(case) of the lot is subjected(submitted) in the opinion of the mayor of the place of situation of the ground and passed on(transmitted) by the Minister loaded domains to the Prime Minister for approval by order.

16. Before any allocation(attribution) of prizes(lots), the Minister loaded domains makes sure of the execution of all the works of preparation, in particular the public road network(garbage dump) and the networks of water, of electricity and purification.

17. The Ministers in charge of the town planning, domains and land registry will watch the execution of the present decree which repeals any previous opposite capacities(measures), in particular decrees N 64-10-COR of January 30th, 1964 and 68-60-COR of April 30th, 1968.

18. The present decree will be registered(recorded) and published to the gazette in French and in English. Yaoundé, May 19th, 1979.

The President of the republic, AHMADOU AHIDJO