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

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

jeudi 28 mars 2013

DECREE N° 81 - 185 of 4 May 1981 to lay down rules governing the creation of special layouts by the urban and rural lands development and Equipment Authority.

THE PRESIDENT OF THE REPUBLIC.

Mindful of the constitution of 2 june 1972 ;

Mindful of Decree N° 79 - 473 of 15 November 1979 to reorganise the Government ;

Mindful of Decree N° 77 - 193 of 23 june 1977 to establish the Urban and rural Lands Development and Equipment Authority ;

Mindful of Decree N° 79 6 194 of 19 May 1979 to lay down rules governing the creation of layouts.

HEREBY DECREE AS FOLLOWS :

1. Any layout approved as such by order of the Prime Minister and comprising areas set aside for the building of low-cost housing units and areas reserved for all types of community infrastructures that are necessary for the said areas shall be considered as a social layout.

2. (1) All operations that are necessary for the implementation of the project, from, the definition of the programme to the allotment of plots and the counselling to the buyers with a view to the rural lands Development and Equipment Authority.

(2) It is shall, in this capacity, in conjunction with the bodies concerned in particular the Cameroon housing loans Fund and the Cameroon real Estate Corporation :

a) Carry out or cause any studies that are needed for the completion of the operation to be carried out. These include programmes, prelimary drafts, and project on the implementation of the financing estimates ;

b) Ensure that all the infrastructures provided for in the project (primary, secondary and tertiary development, public utilities open spaces, etc.) are set up ;

c) Ensure that all works and isntallation that allow access to the area to be developped, even where such infrastructure is situated outside the area concerned, are set up ;

d) Submit all the documents provided for in Article 6 herenafter to the Minister in charge of town planning and housing for approaval ;

e) place land equiped with the necessary infrastructures at the disposal of the allottees who must have been chosen according to the procedure outlined in Article 12.

f) Define and implement the conditions for providing guidance and assistance to individual allottees ; viz standard plans information on financing ect. without prejudice to administrative control procedures (compliance with a view to releasing loan etc.) ;

g) hand over installations that should remain public property to the state or to its rightful claimants (grantee, council, etc.) on completion of the project ;

(3) The authority shall also hand over to the claimants all documents relatind to the utilization and maintenance of infrastructures.

3. State contribution to development of layouts shall comprise :

a) placing at the disposal of the urban and rural lands development and Equipment Authority land that is free of any encumbrances except where article 11 below applies ;

b) The payment of a subsidy to the Authority to enable it cover the cost of various highways and networks (VHNs) of the layout as defined in article 5 below.

c) the payment of a subsidy to the authority to enable it cover the cost infrastructures and of secondary and tertiary VHNs that are needed in areas set aside for the construction of low-cost housing units by the Cameroon Real Estate Corporation or any other real estate corporation recognized as such by the state ;

4. a) the subsidies for secondary VHNs and other networks shall include, in addition to the cost of equipment, the cost price of lands where the basic infrastructures have to be installed.

b) the subsidies for secondary VHNs and others networks shall include, in addition to thecost of equipment, the cost price of lands where such secondary infrastructures have to be installed.

5. for the purpose of this decree only the following definitions shall apply : a) primary insfrastrucutres and VHNs :

- these are primary ultrastructures that may be found in an areas and available to the community living there but whose effects go beyond where they are located (e.g. high schools or government collèges, staduims, etc.).

- primary VHNs leading to an area or crossing it shall be considered as various highways and networks linking up areas (major access roads that allow for the penetration of an area and cross it several directions thus providing a link to adjacent areas main potable water reservoir high tension lines. etc.)

b) Secondary infrastrucutres and various highways and networks (VHNs) :

- secondary infrastrucutres of an area utilities that are only used by those living in the said area (schools, small play-grounds for children, sports grounds, small open spaces, small markets, etc.).

- secondary VHNs of an area shall refer to the highways and networks that make up the main utility infrastructure of the area.

c) tertiary VHNs :

- tertiary VHNs shall refer to the various highways and networks of an areas that strictly serve only the inhabitants who live near them (very small roads and very narrow water supply and drainage systems, street lights etc.).

6. (1) for each operation the authority shall submit a file entitlecl " draft programme" for prior approaval to the minister of twon planning and housing it shall comprise the following documents :

- a sketch of the layout envisaged drawn to a scale of 1/2000 ;

- a description of the areas of indivdual plots and of the extent to which they have been equiped ;

- a description of the areas of land set aside for real-estate promotion companies according to their intended use : low-cost housing units or otherwise ;

- a description of space set aside for various types of public utilities ;

- a description of the primary infrastructures and VHNs on the one hand, and for secondary and tertaiary infrastructures and VHNs intended for low-cost housing units on the other hand ;

- the overall estimate of the operation.

2) The authority must, in addition, comply with the provision of decree N° 79 - 194 of 19 May 1979 insofar as they concern the compilation of a file on the layout.

7. The authority must always update the accounts of each of the operations. they shall contain the following items of expendure with respect to the execution of the operation.

a) serivces provided by third parties, studies aerial surveys, works, overheads, etc. ordered and aid for by the authority ;

b) technical services either provided by the authority or by third parties on a sub-contracting basis. when such services are provided by the Authority it shall prepare an internal bill at the following rates :

- studies of an overall plan : 1% of the total costof the work ;

- technical studies of the preliminary drafts and of the project to be implemented : 2.5 % of the total cost of the envisaged project ;

- technical control of service provided by third partie : 3 % of the total cost of the services referred to in (a) above.

The real cost of these services shall be inclued in paragraph (a) above where they are sublet by the authority.

c) the authority’s remuneration, fixed at 3.5 % of the total amount of the expenses incurred for the operations referred toin paragraph (a) and (b) above, is intended to cover its over its overheads.

8. in carrying out any projects, or providing any services the authority shall be bound by the instruments governing the award of contracts by public establishments.

9. the approaval provide for in article 6 above notwihstanding the authority may only carry out specifie projects after obtaining the entire corresponding financing, in the from of loans from the housing loans fund and other possible sources and aubsicties.

the subsidies may, wiht the approaval of the government, be backed up by a relay loan from the housing loans fund or from any other body.

10. on the completion of the project, the authority shall submit the final balance sheet of each operation to the minister in charge of town planning and housing.

the selling price of infrastructures and VHNs that have not been subsidies shall be fixed by order of the prime minister so as to ensure that balance sheet of each operation is fully balanced. I shall be paid to the Authority.

the amount of the land fee which shall be fixed under the same conditions, shall be paid to the statby the authority during the sale of lands.

11. the cost of realising of the land shall be borne by the state.

However, the authority may, at the request and on behalf of the administration, pay compensation for expropriation after it has been determined by the competent services.

12. developed plots of land shall be allotted by order of the minister in charge of housing on the proposal of a committee whose membership and rules of operation shall be determined by order of the prime minister.

13. This decree shall be registered and published in the official gazette in french and english.

yaounde, 4 May 1981

AHMADOU AHIDJO

President of the Republic