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The Addis Abeba City Administration has begun to reclaim land leased to developers that have not started sufficient construction on their plots over the last five years. A lack of infrastructure and procedural problems contributed to the delay in commencing development projects, writes EDEN SAHLE, FORTUNE STAFF WRITER.

Auth. Surprises Developers with Land Repossession

Plots might be taken back from those who have started construction projects

Yemiru Nega’s 50,000sqm plot, currently used for parking, on Africa Avenue sits adjacent to Dembel City Center, in front of Aberus Complex. This plot being reclaimed by the city for failure to start construction.

Close to the outskirts of Addis Abeba, in Samit Woji, a few kilometres away from CMC Road in Bole District, Kebele 14/15, a vast piece of land is filled with plots at various stages of construction. Barren plots of land are mixed with ones that have foundations, with rusted reinforcement iron bars sticking out.

The Addis Abeba City Administration leased most of the land in this district, as well as three others, to companies and individuals en masse in 2005 and 2006, to encourage real estate development.

Yet, the Land Administration and Construction Permit offices of Bole, Yeka, Nefas Silk Lafto, and Kolfe Keranio districts were instructed to reclaim plots of land on which construction has not yet started, in a letter written by  the Land Allocation Authority of the city administration, which is unhappy about the stage of development the land is in after five and more years.

More than one million square metres of plots leased to 34 developers are to be taken back, the lease contracts terminated, and the deeds collected or invalidated within 15 days, according to the letter the authority wrote on July 29, 2010.

Gebremichael Markos, Getachew Wolde, Castile, Home Sweet Home, and Elias Abamilky, with, 50,000sqm, 47,999sqm, 30,000sqm, 25,000sqm, and 6,940sqm plots, respectively, all in the Samit area, are among the many that are to lose the plots leased to them, according to the letter.

With the exception of Castile, which signed its lease 14 years ago, all acquired their respective plots only five years ago.

Teklebrehan Ambaye, owner of Teklebrehan Ambaye Real Estate, with 50,000sqm; Haile Gebrselassie and his wife, who own Haile and Alem Real Estate, with 40,000sqm; Yemiru Nega, owner of Yencomad Plc and a major shareholder of Dembel City Center, with 50,000sqm; and Star Business Group, with 50,000sqm; are also likely to lose their plots in the Bole District.

A total of 716,536sqm in Bole and 174,318sqm in Yeka districts are to be reclaimed in addition to 50,000sqm in Kolfe and 82,700sqm in Nefas Silk Lafto.

While some of the 34 developers whose land has been reclaimed have already started construction, most are still at foundation level. For many of the developers who claim to have started construction, the letter from the city administration was a big surprise.

There are many reasons for the delay in construction, according to the developers, who mostly blame the city administration for contributing to the delay by failing to provide adequate infrastructure, such as water supply.

“I have been transporting the water I needed for the construction from other places,” said one of the developers, whose own 48,000sqm plot was among those listed to be reclaimed.

Roads and electricity were also in short supply to the development sites. He had already started the foundations and even the building but was not able to continue the construction because of the road construction that was going on near his site, the developer said.

Late delivery of plots of land, lack of basic infrastructure, procedural problems, and problems with residents occupying the plots, are some of the reasons they cite for their delay in starting projects. 

“Although the lease was signed in 2005, the plot was only delivered to me in 2008 because of the people who had to be relocated from the place,” said an anonymous developer.

He claimed that his lease contract was redrawn as part of his plot was used for road construction but city administration officials are hardly convinced by the complaints of the developers.

“There are developers who constructed and developed their plots despite the absence of basic infrastructure and some provided infrastructure like roads themselves,” Kassim Fite, manager of the Land Administration and Construction Permit Authority, told Fortune. “The entire lease contract with the developers does not mention infrastructural barriers as reasons not to develop the plot they have taken.”

To solve the city’s land issues, the administration, which conducted a study of the situation in the capital during the last fiscal year, established a taskforce to improve its operation. In seven of the 10 districts, 125 real estate developers with around 550ht had a performance of only 14pc, according to the study.

The report by the taskforce was disappointing, according to the city administration, resulting in its move to reclaim a total 1,023,554sqm of land from real estate developers to the land bank. The city plans to lease the reclaimed plots in the 2010/11 fiscal year.

 

Pictured on the right, is the 3,637sqm plot belonging to Beritu Plc, located near Desalegn Hotel. It is one of the 34 plots the city has reclaimed.

 

“Currently, the administration has terminated lease contracts for more than 60ht of plots from developers and it will continue until it gets back all the plots that are undeveloped,” Kassim told Fortune.

Most of the real estate developers among those whose land have been reclaimed are in the Bole and Yeka Districts. One such a plot in Bole, Kebele 03/05, is leased by Beritu Plc, which has 3,637sqm land located in front of Desalegn hotel on Cape Verde Street. Beritu acquired the land from Laura Trade and Industry which originally leased the land from the city administration.

“There were 58 kebele houses and one warehouse belonging to the idir on the land when we received it,” said the developer, who also requested anonymity, and claims to have relocated the inhabitants of 52 of them to houses it built behind CMC at a cost of three million Birr last year. Due to disputes with settlers the land was given to the developer in the 2008/2009 fiscal year.

Currently, there are seven houses still standing on the plot, but, contrary to the city’s claim that Beritu has not started development, the owner had started on construction for the foundation of villa and apartment houses. The houses that the remaining residents are to be relocated are old and in need of renovation, they say, refusing to move. However, this reason has not yet been investigated by the city administration.

The plots have been idle for years without any development taking place, according to the manager of the Land Administration and Construction Permit Authority. Had it not been for the developers, the land would have been used by the farmers who used to reside on the land but had to be relocated for the purpose of the real estate development.

“The developers exceeded the time they had to start construction, according to the timeframe based on the kind of construction they were constructing, with which they had been provided,” Kassim said.

Construction of the ground floor plus three-storey, four-storey, and seven-storey buildings should commence within six, nine, and 18 months and be finalised in 24, 36, and 48 months, respectively, according to the 2009 directive of the authority.

Construction period extensions due to the force majeure (extreme circumstances beyond control) include 12, 24, and 30 months for ground floor plus three storey, four storey, and seven storey buildings, respectively. The force majeure has to be serious enough to convince the authority and to prohibit construction to be reconsidered by the authority, Kassim said.

However, the administration’s imposition of its measures appears to be inconsistent. There are plots of land that were taken by developers who are yet to start construction and are past the due dates set by the city administration, but against whom no measures have been taken.

Repossiossion will continue on to other plots on which development have not started, according to Kassim.      

In eight of the 10 districts, excluding Addis Ketema and Lideta, 826 developers with a total of 595,552sqm of plots are reported not to have started development in the given timeframe, according to the city administration’s taskforce’s report.

Those who are displeased with the measures that the land administration authority and the district offices took and feel that they were unfairly included on the list of developers whose land is to be reclaimed, have written letters contesting the decision to the land administration authority.

The situation has been investigated by the authority since it received the letters. If any developer has unfairly lost his land, the authority would reconsider its decision and return the plots it has taken from her, according to Kassim.

However, construction going on is not enough, as the city administration will investigate if the construction started before or after the deadline had passed, Kassim said.

If the construction was carried out after the deadline’s lapse, the authority can repossess both the plot and the construction which has been carried out on the plot, based on the lease contract, according to Kassim.

The deadline in which developers are expected to finish their construction from the date of lease signing is a big challenge, according to an industry expert, who requested anonymity.

The delays resulted from problems that most developers experienced with infrastructure and increased prices of construction equipment, as well as financial constraints caused by banks not lending money to residential real estate developers as readily as to commercial ones, according to the expert.

A lack of advanced planning and cooperation between the Addis Abeba City Land Administration and Construction Permit and district offices aggravated the problems. However, by not delivering the plots on time, there are financial problems on the side of the developers too, according to the expert.

Most of the developers against whom the districts are taking action, are not experienced enough to engage in the tough real estate industry, which seems to be the cause for the failure of some. Similarly, failure by both the authority and district offices to confirm the ability of developers before awarding the plots and to inspect the construction process on time, also contributes to the delays, said the expert.

To meet the city’s current demand, 750,000 houses must be built annually, according to the expert. The current rate of construction is only 20pc of it.

The authority will reconsider its decision and grant them their lease rights, most of the developers believe. After investigating the claims, holding up development on the plots for another unspecified period of time, the city will decide on the matter. It wants to ensure that no land which is given for development will remain idle in the 2010/11 fiscal year.

 
 

By EDEN SAHLE
FORTUNE STAFF WRITER

 
 
 
   
 
 
 

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