Amhara Lease ZIKRE-hig Denb
Amhara Lease ZIKRE-hig Denb
Amhara Lease ZIKRE-hig Denb
*23 Contents
4&
103/2004 . Regulation No.103/2012
A* &+ -< The Revised Amhara National Regional State Urban
,
Land Lease Holding Regulation, Council of the
(=>* ?@ ' A*.>B4
Regional Government Regulation.
E4D >EFG (H
(,,
-.>BI
/ 4&
4&
103/2004
103/2004. REGULATION No.103/2012
A* &+ , -< A REVISED COUNCIL OF REGIONAL
_$e ==>A2 (Tf Ighi U'#
WHEREAS, the lease proclamation has been amended
(>
- (-Y A]
<
j (-Q that land provision system which is in harmony with free
-&D Zc -& ' (*.>Ak l4 market economic policy of the country, the right to use it
,\ >AZm E!@Hn (' AKo -EEpd and the process of transferring such a right are clearly
identified and recognized thereof;
,[ p =>"[ 4 #, (H
q (' WHEREAS, it is found necessary to newly amend a
AKr ED (,p (' 4& >=A2 sp regulation which resolves working procedures and gaps
sp H4 ' <
RA-R@t2 prevailing in the existing regional lease regulation so as
>u vw@ #xyI (T2 (' .$ to make, lease tenure which were carried out in a discrete
manner due to the fact that urban centers in the region
HD >DRz `h E!, A*I TR{
have not fully entered into lease system following the
(,p (' 4& Z (T{ k>m[D
lease proclamation issued previously and the regional
(A]
[|[ (i
k 4& A!. -,
lease regulation, consistent and harmonious/congruent.
AEFG *u} *.^Ad
(A* ,, -.>BI
/ >EEA2 NOW, THEREFORE, the Council of the Amhara
(&y ,p -. A 58 /7/ ED National Regional Government, in accordance with the
(=>* ?@ ' .A- H
2 AKr
powers vested in it under the provisions of Article 58
721/2004 . A 33 /2/ >]Q2 .,
Sub-Art. 7 of the Revised National Regional Constitution
and Art. 33 (2) of the Urban Land Lease Holding
-] AKo iRD > -,
Proclamation No.721/2011, hereby issues this regulation.
A*.^
Z 4& A2,
Qn GENERAL
1. A
E. 1. Short Tile
Z 4& “(=>* ?@ ' .A- This regulating may be cited as “The Revised Urban
A-4 (H
,, -.>BI
/ Land Lease Holding Regulation No. 105/2004 ,
Z[, No.105/2012”
2.
2. Definitions
1. 4& 2. n Z (KpD “'”j 1. In this regulation words and phrases such as
“=>*”j “(=>* ?@”j “TR
Z@”j “(1& “lease”, “urban center”, “urban land”, “old
n”j “(=>* ”j “@”j “4R”j possession”, “public interest”, “urban plan”,
_. “AKr”
AKr” *A (=>* ?@ ' .A- A. “Proclamation” shall mean the Urban Lands Lease
A-4 (H
2 AKr
721/2004 Holding proclamation No.721/2004.
. T2
.,
(>]Q2 Ax, T2 unbans.
. “,,”
,,” *A (A* &y ,, T2 C. “Region” shall mean the Amhara National Region.
-. “z|”
z|” *A (A* , -. D. “Bureau” shall mean the Amhara National Regional
- 4 -
23 • 5 2004 . Zikre-Hig Gazette No, 23, 11
th
Day of September June, 2012, P a g e -4
IJ.$D =>* ,* z| Tq State Bureau of Industry and Urban Development.
E2nD (>]Q2 Z@ `h AR& RAq structure and has no holding certificate provided by
. “H Z@”
Z@” *A AR& RAq Ax, F. “Unlawful Holding” shall mean land which is not
E2nD ,>]Q2 ED H -I recognized by the appropriate organ and held in an
]. “-
-H R@”
R@” *A -H Z@ Z G. “Unlawful Construction” shall mean any type of
(>TR HZ Z@ Z AR& construction which is constructed on illegal/unlawful
Aq Ax, (R@ ^I Z] (>TR holding or on legal holding where an appropriate
*Xq ZT R@ Tq organ did not allow construction permit.
a.“, @”
@” *A AKo A 11/7/ H. “Special Tender” shall mean a kind of tender in
ED /8/ Z (>-A=e |}m[ which projects specified under the provision of Art.
@ AR& (i] (@ 11 (7) and (8) of the Proclamation are granted in bid
R@ ,>=DHT HZ =*F @[ an outcome obtained through calculation by the
(>TR R@ ^ (' -Y addition of price of the seller and the local maximum
-& #>Ak E (¡ K ED price at the period of marketing and by dividing the
&Ze i=DH Hn Aq (AxRz sum by 2 or the price which the appropriate organ
consent on it specified in the regulation where a lease
=k>X (@ K I
AvA >xkG
land right on which no construction or below half-
(i¢ (l& q£ HZ AR& Aq
construction is undertaken is transferred to the third
Ax, 4 >-Qq -] .T
party.
(]Q K Tq
>. ”/”
/” *A =>* HZ *. K. “House” shall mean a construction which any legal
AxRz A-h$j AIj A* or construction permit is offered by the appropriate
HZ A*X2 A,G (> organ and has been constructed or being under
t. “x”
x” *A -I (u2 (=>* L. “compensation” shall mean a payment which the
?@ A& n #R, E!An appropriate organ may effect in kind or cash or in
AiH] ]2 AR& A2 Ax, =?@2 both for the person who is decided upon him to
AiT2 & AZT HZ u& evacuate urban land he has lawfully held due to
public interest to compensate the property to be
HZ vAe (i^¤ k T2
removed from the land
¥. “ZR¢ ]i R¦”
R¦” *A (=>* ?@ M. “Appeal Hearing Council” shall mean an organ
*.AnD (x B[ i-A= established in towns so as to examine and decide
T. *X2 HI §@ (>A¤2 (¨ N. The provisions set out in the masculine gender shall
Z,© also apply to the feminine gender.
_. iH
* ]2 R,>u A. Urban land which is not occupied by any person
(=>* ?@ Zj when while issuing this regulation;
A. =>*2 -Kn ª HZ B. The urban structural plan or old possession to be
A.>B4{ (,* EnI - iA* developed on the basis of development plan of the
. ' A- >Q( *X2 TR
C. Any old possession as are requested to enter into
Z@ Zd lease;
-. = 4 ' >« (=>* ?@[ D. Urban lands which have been entered into lease
Zj previously;
. =>* A.>B4 H] ,, 2. E. Any land located within an administrative boundary
(i¢ *Xq -Y Zj of an urban center;
. U. A 4, > Z F. Notwithstanding the provision of Sub-Art. (E) of
(>4T2 zh
A
A4
this Article hereof, with regard to landholdings of
>^i (i`T2 AKo A 6 -] accordance with Article 6 of the Proclamation.
Z`D,
3. A\ -] ' (i^42 ?@ 3. Land which is permitted by leasehold pursuant to
(=>*2 -Kn ED
this Article shall be on the basis of the urban site
(AxRz ,* E!v G[ >z plan and detail local development plan as well as
(`c (-Y AQ h[ - other appropriate land use plans.
5. H4 ' <
.Ai =>"[ 5. Urban Centers Enter into Lease System
1. AKo A 5 /4/ >4T2 -] 1. In accordance to the provision of Article 5 (4) of the
,p 2. (i =>"[ A. proclamation, towns within the Region shall
- 2. H4 ' . >QD2 completely enter into lease system within the period
2. A /1/ >-Q2 ( 4& 2. With regard to the time limit specified under
-² ED (³ =>"[ H4 ' Sub.Art. 1 of this Art. that when and which towns
E4i
-
_ &{ z|2 enter into lease system, the detailed program shall,
having been prepared on the part of the Bureau, be
>urm A,p
/ E( #H]
implemented by the Council of the Regional
>^i Z`D,
Government upon its submission by the Bureau.
3. AKo A 5 /4/ - >A 3. A lease holding certificate to be prepared for the
=>"[ -@ (-Y (´Z >- land transferred in tender with initial rate of annual
-TET @ AR& A>A^ -Y land rate in various towns pursuant to Art. 5 (4) of
(iu}2 (Z@ (.
H TR
the proclamation shall be on the basis of old lease
tenure.
.$ -] Z`D,
4. ( A /3/ I¯ zh
>A^2 4. Notwithstanding the provision of Sub-Art. (3) of this
-Y Z (ih2 (,* @D Article hereof, obligation of development and
' .
i>B4{ =>"[ RA2 the development on the transferred land shall be on
the basis of implementation procedure of towns
(A^
<
-] Z`D,
which are administered under lease holding system.
6. TR
(=>* ?@ A.>B4
>-A=> 6. Administration of Old Possessions
AKo A 6 /3/j/4/j ED /6/ Without prejudice to the provisions indicated under
Article 6 (3), (4) and 6 of the proclamation, old
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23 • 5 2004 . Zikre-Hig Gazette No, 23, 11
th
Day of September June, 2012, P a g e -8
µ.>X H #>A¶ ' .$ ED -TE accordance with Article 6 (3) of the proclamation, it
(,* -] (iH] `h (2, basic plan of the urban or development plan of the
u-c AKo AA,Ge >H]T2 locality and its period of contract shall on the basis
of period of lease fixed for the service in the
(' u- -] Z`D,
proclamation.
A. Z@q A,G E(]Q (Tq B. Where the holding/land has been served for both
AI
r ED A-h$ (AI&,n) =`T organization and residence (mutually), a contract
qA@ (i^
-q AxRzq -Kn shall be made/concluded on the basis of land sue as
indicated on basic plan of the locality.
(-Y AQ >-A=>q
-] Z`D,
. H4 .>X H (i>Ak TR
Z@ H4 C. Old possession to be transferred to a third party
' (iRq i
2 ]TI shall be made to a lease hold in accordance with size
>-A=>q (?@ . -] Z`D, of the plot specified on the document submitted
thereof.
-. = Z 4, > // (>4T2 D. Notwithstanding the provision stipulated under C
zh
-. ,¹ (>ªq (?@ herein above, if the size of the plot obtained through
. ]TI =>ª2 xT] -. ,¹ site measurement is less than that of the size
obtained in the document, it shall be determined
>ªq (?@ . (iH] Z`D,
upon the size of the plot obtained through field
`h -. ,¹ (>ªq (?@ .
- 9 -
23 • 5 2004 . Zikre-Hig Gazette No, 23, 11
th
Day of September June, 2012, P a g e -9
]TI =>ªq =AQ --$ (iH] measurement, provided, however, that if the size of
Z`D, the plot obtained through site measurement is
greater than that of the size obtained in the
document, it shall be determined by directives.
. 4 #, #=^, (T2 -@ (?@ E. Annual land rent which has been paid previously
´Z $ `h (?@2 (' -TE K remains and the result that the amount of money
-Q AA,Ge >-Q2 (-^ benchmark price by the size of the plot of land and
divided by the period of payment fixed for the
>xkG (iª2 2£ (-e
service shall be paid every year.
Z=^,
. º2 (' nIi k E!^ F. The lessee shall, although he is not compelled to
RZ4I (-^, k xA2 =Qn2 make advance lease payment, have the right to pay it
(' k (i@]& nIi k AR& which is counted to the total lease payment to the
]. = Z 4, > // -] G. Pursuant to the provision of (F) hereinabove, if the
RA-&e (nIi k -^
lessee submits a written request a grace period after
Z^IA@,
a. (' u-c -¼Q
(i}q (' H. The lease period shall enter into force as of the date
q, =>^- }| Z`D, of the signing of lease contract.
*3 4&> (>u & =2 . dividend of the ratio of size of the house to the
.>
H4 .>X H #>Ak premises is transferred to a third party other than
inheritance unless ascertained the individual use of
z2 (kk,
w I
E Z (>DQ,
the dividend ratio of the common premises, only the
>QiTe E.x,>Q I. /e &b
house shall be treated through lease holding.
' AR& Z.>DB,
2. TR
ED ' .$ (i>B4{ Z@[ 2. Where landholdings administered under old and
>RZT A2 (R@ ^I #ht2 lease hold tenure have acceptable construction
permit and the merging of those holdings maintains
- 1 0 -
23 • 5 2004 . Zikre-Hig Gazette No, 23, 11
th
Day of September June, 2012, P a g e -10
#a
:-
_. (?@q A,G (=>*q -Kn A. Service of the holding shall be in conformity
D (FEh .@B
I i^n4q with urban plan and delineation standard;
-] Z`D,
A. TR{ Z@ H4 ' (iR2 (-Ye B. The old possession is converted into lease hold
(' -TE K >=kG #` I" by having been paid lease benchmark price of
' (>ªq Z@ >^ " T2 the land and the holding previously obtained
2, Z ]^2 K Z, (vAe through lease shall continue as per to the price
signed on the contract. The effect of payment of
Z@[ (k A^
>DQ,
the two holdings shall be pursuant to their
(tq q, -] Z`D,
individual contract.
. (' u-c (iH]T2 RA-&e I" C. The lease period shall be determined through
' ªq ?@ =>^4A (' calculation of deducting the period that the lessee
u- (>Q- -T. $2 has used from the lease period permitted to him
(' u- ED A!. H4 ' AiRq for the land he has obtained previously, summing
the remaining lease period and that of the lease
TR
Z@ (i^4q (' u-
period to be permitted to old possession to be
-4-
D AvA *x^, A*x
entered into lease system and dividing the sum by
*. Z`D,
two.
-. TR{ (' q, 'QDn A.
- D. Where the former lease contract remains ten or
HZ =A.
- T] (q less than ten years for its expiry, a request of an
=`T vAe Z@[ A*, application to merge the two holdings shall not be
Z@[ H4 ' .$ (i AZ` old possessions shall not be entered into lease
holding tenure where:
1. 2
. AR& (>ª TR
Z@ 1. Where the inheritors of the old possessions have
- 1 1 -
23 • 5 2004 . Zikre-Hig Gazette No, 23, 11
th
Day of September June, 2012, P a g e -11
RA-&m[ A-=^, » An
2 applied to share out same among themselves and the
FEhq >RZT A¢m parceling have been found to be acceptable in
>RZT A¢m Z@t2 manner determined lawfully and they share out their
#=^pd holdings;
3. k½ (>A R,D i. HZ (2
. 3. Divorced husband and wife or inheritors that
RA-&m[ Z@2 Z (kk, 2w decision of share is passed out and one of them or
(>A^ ED =vAe A4X2 HZ some of the inheritors have paid its assessment and
=2
. RA-&m³ = G³ e =kA2 possessed same thereof , and the parcel has been
acceptance with the plan;
Z@2 QAp ED FEhq
>RZT ª E4`Td
4. A& n #R, =TR
Z@t2 >T¾ 4. The land to be obtained which the owners who are
(`c RA-&m[ T (i ?@j displaced from their old possessions due to public
interest;
5. ]TI A,R Z@[ z|2 iH
2 5. Non-document holdings shall be caused to have
--$ -] (Z@ *3 ]TI holding certificate in accordance with a directive to
(>^ -Rtq `Tq (.--& Inspection Agency and their title of property have
Z@[j thereto;
. ARg[ >-F ,>4 &I
*.=^ C. Holdings on which properties are attached thereon
Ár (>a &m[ (]^{Rtq and sold in auction for exacting unreturned loan for
Z@[j banks.
Z@j
9. .A-
.A-H Z@[ ED -
-H 9. Unlawful Holdings and Unlawful
R@[ Construction
1. AKo A 6 /4/ ED /5/ I¯ 1. Where holdings/possessions occupied without the
-] AR& A2 Ax, Z^nI authorization of the appropriate body pursuant to Art.
(>« Z@[ ==>*2 D =FEh 6 (4) and (5) have found to be acceptable in
.@B
I A
>RZT (i =`T accordance with urban plans and parceling, they may,
having been lawful pursuant to a directive to be
z|2 iH
2 --$ -]
issued by the Bureau, be converted into lease
>4
2 H4 ' .$ ' Z[p
holding tenure.
2. A /1/ (>4T2 zh
(/ 2. Notwithstanding the provisions of Sub-Art. (1) of this
R@ (A -H Z@ Article, unlawful holding/possession having no house
,* ED (FEh -] accordance with urban basic plan, local development
plan and parceling plan and converted into lease
*I >4
H4 ' <
system:
#a
:-
_. RAZ@2 =>* >-Q2 A. The lessee shall be made to conclude lease
(A,G AZT -] (-Ye contract in accordance with lease period specified
(AxRz =k>X (' K -^, for the service by effecting local maximum lease
AA,Ge >-Q2 (' u- value of the land as per the type of service of the
- 1 3 -
23 • 5 2004 . Zikre-Hig Gazette No, 23, 11
th
Day of September June, 2012, P a g e -13
-] (' 2, E!KK, urban plan. The contract period shall be from the
Z4, (2, u-c 2, date of the conclusion of the contract.
RAZ@2 (-Ye (' -TE K for the owner having paid lease benchmark price
. AKo A 20 /2/ -] ,p C. He shall have an obligation to effect the down
(iH]T2 (' nIi k payment of the lease to be determined by the
(-^, @ Zh @, $2 Region pursuant to Art.20 (2) of the proclamation.
(' K -^ u-c E, The remaining lease price shall, having been
divided it by its period of payment, be paid every
*x^, (A-e (i=k, Z`D,
year.
-. RAZ@q ?@q =u }| D. The owner shall have the duty entirely to pay the
Aq (?@ ´Z AR& A2 Ax, land rent commencing from his occupying the land
AQG -^, ZQn@, (?@2 to the appropriate organ. Calculation the rent
(´Z k (i]2 Z@2 fee/payment of the land shall be on the basis of
operational land rent rate until the holding has
E.=`T I. < Z Kp
become legal thereof.
(?@ ´Z >- -] Z`D,
4. H4 ' <
R, =>"[ 4. Where unlawful occupied holdings and constructions
A^I (>« Z@[D (>T found within towns in which lease system is not
R@[ (=>*2 -Kn j operational are made legal in accordance with the
(AxRz ,* ED (FEh basic plan of the urban center, local developmental
plan and parceling plan, they shall, without prejudice
-] *I #4
to the obligation of effectuating the payment
A /3/ 4, > /-/ (>-A=>2
indicated under Sub. Art. 3 (E) of this Art. hereof,
k (-^
@ E4>Q `h
they shall be caused the payment of sixteen per cent
(R@2 Qn 16 -m
(16%) of total estimate of the construction.
E!=kp Z4,
5. (R@2 AR& =i^42 5. Where the manner of the construction is below the
.@B
I @[ =`T RA-&e ED standard permitted thereof, they are expected to put
-Kn ED (AxRz ,* with the requirement of basic and local development
iQZ AR& q, -KK, plan on the basis of the program that the owner and
`h #¢ n
(i=^, with basic or parceling plan, it shall be liable to a
Z`D, A^
s- penalty. Its execution shall be:
_. (R@ D ^I Zh2 (>^
- A. Ten percent (10 %) of total expenditure of
R@ =`T (R@ H2 10 -mj construction where it is carried out without having
its construction plan and permit;
A. (R@ !¡ZD ^I A2 `h B. Eight percent (8 %) of total expenditure of
(!¡Z A2 =k>X =`T (R@ construction where it has construction design and
H2 . -m (8%)j permit and the design alternation is great/large;
H2 3 -m n
>=kG where it has construction design and permit and
. U. A\ = 4, > A E.= E. Alteration standard particulars of construction
- (>Q¿ (R@ !¡Z A2 design indicated under Sub-Art. 6, (B-D) of this
iH
--$ ZH]D, issued for the implementation of this regulation.
AKo A\ 8 (>4T2 E4>Q `h Without prejudice to the provision of the Art. 8 of the
-Y A@ HZ A4R (i
2 proclamation, land shall be provided for tender or
(i=>p vw@[ #p T2 allotment if the following circumstances are fulfilled:
1. =>"[ (-Y ,* ED -Y 1. Urban centers, based on land development and their
(*u} An*tq -] *I capacity of land preparations for such purposes and
(-e A@ (i 2 HZ by identifying the quantity of land to be supplied
4R (i]Qq (-Y -Q E!v for tender or granted in allotment every year as
well as development sectors which the tender
@2 (i4
Rt2 (,*
focuses on, publicize the annual plans in the first
-.g[ -A(D A-@ EnI
quarter of the year:
*2
-
_. A-h$d A. For residence ;
. A* A,G (A
j C. For social service (for education, health, culture,
A£Dj AR,j A.U
)d sports);
Ax, (-^ @ ED >QST centers’ publicizing their plans of bidding tender.
3. (@ -TE Kj (I" (AxRz2 3. Bid minimum price, previous local bid price,
(@ Kj (,* EnI ED >¡*r development plans and related information shall be
-~[ , ED p put into practice in a manner accessible to public
'ª2 i[, AR& . Z openly and easily. Unable to implement such acts
shall make liable to law. Particulars shall be
E!2, Z4, Z AA-^
determined by a directive.
( >QST (i.=, Z`D,
- 1 6 -
23 • 5 2004 . Zikre-Hig Gazette No, 23, 11
th
Day of September June, 2012, P a g e -16
{ --$ ZH]D,
4. (=>"[ (H4
Z (@ ?@ 4. Detailed information of future next bid land of urban
r ED A¶ @[
-~ centers and previous tenders shall be publicized.
'H
Z[, collectively.
2. A /1/ (>-A=>2 -4X 2. Regular tender indicated under Sub. Art. 1 of this Art.
@ -4X -
_-&
(iH
ED Shall be made at regular program and be cancelled if
-}-$2 « z. . >3Ä[ less than three bidders participate in the first round of
(iH] Z`D,
3. A /1/ -] , @ 3. The lands to be included in special tender pursuant to
(ix>e AKo A 11 /8/ -] Sub-Art. 1 of this Article are those ones which are
>AZ>2 @ AR& (i.>DJ ED specified under the Art 11 (8) of the proclamation to
-}-$2 «
AI >3[ z
& be treated with in a manner of tender and are made to
be treated even if a sole bidder has appeared in the
E!.>DI (i4 T2
{
first round. Particulars shall be determined by a
--$ ZH]D,
directive.
4. 4&D Z 4& >=G iH 4. Matters which are not covered under this regulation
--$[ (*Za^c B[ AR& and directives to be issued in subsequent of this
Rtq (_$e [ Za^Dp regulation shall be covered by the proper laws of the
country.
12. .A@ *.@HS 12.Notice of Tender
1. (@ *.@HS @ .AiH
2 1. Notice of tender shall be prepared in a manner of
-Y
-~ i] -, providing detailed information about the land to be
Z`D,
3. (@ *.@HS @2 =ixyI 3. Tender notice shall be publicized in mass media as
=A.
(. D -DX &«Á well as notice boards, website of the urban centers
E!v *.@HS ]B[j =>*2 or the Region by the appropriate organ ten days
HZ ,p I AR& RA2 Ax, prior to the undertaking of the tender thereof.
*.@HS z. -. (-DX lease, the lease tender shall be publicized at least
xt2 (,p =>"[ 2Æ Rp =>"[ in urban centers of the Regional urban centers
(iH
(?@ @ *.@HS =>*2 which are not at the level of city administration
shall be caused to be posted on notice boards in the
2.D G[ AR[ =>"[
urban center and other neighboring urban centers.
(*.@HS ]B[ E!AQk
Z4,
2. (@ ]TÇ[ Zu (iA2 *Dt2 2. Where any adjustment which could alter the
*EE =>4 *EE2 >*$ (@ content of the bid documents is made, the
*.@HS ]Bj .,j .D G[ announced to those who have bought such bid
document in telephone, Fax and other
(-DX u[ A*x¢T >,È 5
communication means and they are caused to take
(A.) (. D q. E!H.J
same within five (5) days.
Z4,
3. *X2 >3[ H
2 ( ]B 3. Any bidder shall obtain the bid document only
-] (@q ]TI º &b through procurement as per the timetable scheduled
4. (@ ]TI K A@2 *.^
i 4. Bid document price shall have to recompense the
(iH
2 HÆ (i>x -` expense to be expended for the execution of the
Zh @,j tender.
AI >3[ AAI ?@ =AI provided, however, that no single bidder may be
(@ ]TI Z -¡ AZ[, allowed to buy more than one bid document for the
same plot.
6. >3³ (>"2 (@ ]TI ] 6. The bid document which is filled by the bidder
@a IÊG >4
Av >R
shall be sealed in an envelope with wax and
>u} 2. (iR Z`D, inserted into a box prepared for this purpose.
7. (@ ]TI F (iQDq 7. The sale of the bid document shall be completed at
(@ c A- >-Qq T 5:00 pm (five o’clock) on which it is scheduled to
4& 1100 (A. AI ]) `h close tender box and the tender box shall be sealed
H´Gbt2 > @ A.^i their legal representatives are present by the tender
Ic ED AR& Aq Ax, executive team and an observer to be designated
(i=^ Z`D,
>Q #ÌO HZ Y u& statement CPO or in cash. The amount of bid
*. AAd (@ *.=$ bond collateral shall not be less than five percent (5
%) of the amount obtained through multiplication
K.D2 -Qj (Qn (?@2 .
of total land size with its tender minimum price.
-TE K2 >Rm =iª2 2£ 5
With regard to other conditions to be fulfilled by
-m T] -` (A G[
the bidders, it shall be determined in a directive to
>3³ 'Ît2 (i nI-
be issued thereof.
vw@[ i-A= iH
2
--$ ZH]D,
2. (@ *.=$ K.D A>aD 2. The bid bond collateral shall be give back to those
>3Ä[ 4& A 18 /2/ Z loser bidders in a manner as indicated under the
>-A=>2 AR& >-F Z4, provisions of Art. 18 (2) of this regulation hereof.
*.=$ K.D =' nI- k2 winner bidder shall be calculated with the lease
(i@]&A Z`D, `h down payment; provided, however, that unless the
winner bidder concludes a contract within a time
AaD 2 >3[ 4& A 17
limit determined under the provisions of Art. 17,
/4/ ED /5/ >H]T2 T 4& 2.
(4) and (5), his winning shall be cancelled and the
? x,>KKA AaD Te Z]¡,
bid bond collateral which he has pledged shall be
.u2 (@ *.=$ K.D
deposited to the appropriate organ. Particulars shall
AR& A2 Ax, z Z4,
{
be determined by a directive.
--$ ZH]D,
4. A /3/ -] AI - 4. Pursuant to Sub-Art.3 of this Art. hereof, the bidder
2. vA AaD Te >,§
? whose winning was stated to him and did not
,>KKA ED @2 (>]u conclude a contract and thereby the tender has been
- 2 0 -
23 • 5 2004 . Zikre-Hig Gazette No, 23, 11
th
Day of September June, 2012, P a g e -20
>3[ A>=@³ vA -@ cancelled twice within a year shall be suspended
=>*2 2. =ixyI @ from a tender to be undertaken in the urban center
@ E!H
Z4, did not participate in the first round of tender.
. Ii @2 >-Z .D C. if three and above bidders do not participate in
Z >HBB$ x, A.>X the second round of tender, the tender shall be
@ Hm q presented for the third time and carried out
Z`D,
-] *I ,\ `T AR& the basis of the following competitive criteria:
>" ZH]D,-
_) >3Ä[ A?@2 (@ A. Tender price which the bidders offer for the land
K 80%j ED shall be 80%; and
A) (' nIi k -Q 20% B. The amount of down payment of lease shall be
Z`D, 20%.
3. @ 2£e >3Ä[ KD 3. Where the tender price which the bidders offered
(Ït2 @[ >-Z `T2 =-m and the obligations to which they are bound are
E, T& xD =2II{ >x[ equal in the bid result and obtained equal point
- 2 1 -
23 • 5 2004 . Zikre-Hig Gazette No, 23, 11
th
Day of September June, 2012, P a g e -21
4. A>3> ?@ vp -.^
m[ 4. A bidder, who has acquired the highest score out of
iª2 I
2£ =k>X2 hundred obtained through the sum of all
T& =-m ª >3[ (@2 requirements, shall be declared a winner of the
6. (@ l4e =>QD Ð- 6. After the completion of the process tender, the
winner bidder shall be summoned on a notice board
or in writing containing the following :
_. (AaD 2 ]2 sp .j A. Full name of the winner person;
. >3³ ?@2 'TR ]2 (f C. Number of floor/story of the building which the
=k@ -Qj bidder could construct on the land;
-. A?@2 (]Q2 Kj D. The bid price he has offered for the land;
. (' nIi k -Qc ED E. The amount of leases down payment; and
. (k *QDS 2
F. After being been publicized, in detail, the time of
- 2 2 -
23 • 5 2004 . Zikre-Hig Gazette No, 23, 11
th
Day of September June, 2012, P a g e -22
Z4A@,
(> T2 &G ', (i[A2 @ as valid and complete only where the necessary
requisitions which are specified in the bid document
]TI Z (>uu{ >^ T?[
are fulfilled thereto.
>,>2 # &b T2
2. @2 (2 ]TI =>uu{ 2. Where the document submitted in the bid differs in a
R$[j (2p D vw@[ certain degree from conducts, contractual words and
conditions as well as necessary facts specified
E!v >^ T?[
>H]T 4~
therein and such a difference does not cause basic
,T z@ZD Zy2 ,T -@
alteration and it is believed by the tender executive
(`T A2 (*.=,D (@2
team that it could be easily rectified without altering
T
ZA2 p '@ (i[,
the facts of bid/tender, the tender executive team
n .> HZ I^ uA -`c
may accept the tender/bid as valid/complete.
@ A.^fi Ic #@- Particulars shall be determined in directive.
@2 E4> AI
Ñ 'A2
Z[,
{ --$ ZH]D,
3. AR& A2 Ax, A@2 A^ 3. Where the appropriate organ has found a better
(>EA u xª @2 sp HZ method for the implementation of the tender, his
right to cancel the bid fully or partially is reserved.
= , (-] -&e (>Q T2
4. AR& A2 Ax, >3³ >R 4. The appropriate organ shall have a power to suspend
(*wr- giÒ (@ q£e appropriate organ shall, having reviewed the tender
*( (*4n HZ 2In (*I result, have a power to approve or disapprove same.
.,
ZhK,
{ --$ Particulars shall be determined by a directive.
(iH] Z`D,
2. (-Y ' @ A.^i I 2. Executive team of land lease tender shall, having
(@ 2£e - AaD 2 reviewed the tender result and thereby identified the
E!v =vA>X E.= .>X (H winner as well as those who stood second and third,
-A( A@ ABS giÒq (2w submit a recommendation to the tender approval
committee.
Á&
R,
3. A U. A/1/ -] 3. If an organ who has been vested power to approve
2£ E!
In .,
(>]Q2 the result in accordance with Sub-Art. 1 of this Art.
Ax, (2 (@ 2£ accept the tender result submitted to it, it shall
(iA2 =`T 2£e A vA approve and publicize same on appropriate notice
and web site of the urban center or the Region
(. D 2. *4n AR& RA2
within two working days from the date of
*.@HS ED =>*2 HZ ,p
submission of the result.
I- A1& Z 4
,
4. A /3/ -] (>A
2 4. The winner bidder stated in accordance with Sub-
AaD >3[ 2£e AR& RA2 Art. 3 of this Art. hereof, shall be made to conclude
-I =>A A }| Rp 10 a contract within ten (10) working days from the
x,^- µ. >*$ (. D 4 of this Art. hereof, a notice/notification requiring
? nI- vw@q A,m 2, him to fulfill the perquisite and conclude the
contract within three additional working days shall
E!^
AR& RA2 Ax, //
be caused to be pasted on the notice board of office
(*.@HS ]B *.QS
of the appropriate organ.
E!AQk Z4, (@ AaD 2
? (=>* ?@ ' 2, E.´^
- 2 4 -
23 • 5 2004 . Zikre-Hig Gazette No, 23, 11
th
Day of September June, 2012, P a g e -24
RA2 Ax, =T*.QS2 out by the appropriate organ and failed to conclude
Ók >,ÈA A /4/ ED the contract and effect down payment within time
limit specified under Sub-Art 4 and 5 of this Art.
/5/ >Q]2 T-4& 2.
? 2,
hereof, he shall, considering that he does not want
x,>KKAD nI- k ,^
- =`T
the land, cancelled and the bid bond ha has pledged
?@2 E4*Z^,2 >¼|
shall be deposited into the appropriate organ.
AaD Te Z]¡,d .u2 (@
*.=$ K.D AR& A2 Ax, z
Z4,
7. A /6/ -] 2, 7. The execution team shall, by making similar
,>^
- ?@ (@ A.^i summon to the second winner bidder on the basis of
Ic vA>X AH
2 >3[ A4X the price offered by the first winner, cause the
(H
2 >3[ ]Q2 K - second winner bidder to conclude a contract for the
land which is not concluded a contract pursuant to
>-Z $ *I A /4/
Sub. Art. 6 of this Article within the time limit
ED /5/ >4T2 ( 4& 2.
specified under the provisions of Sub-Art. 4 and 5 of
>z2 nI- vw@ E!
this Art. by making him fulfill the proper
*I 2, E!^ 4
,
prerequisite thereof.
8. A /7/ -] >Q2 ( 8. If the second winner has not come up within a
4& 2. vA>X (H
2 >3[ time limit determined under the provision of Sub-
x, .>X AH
q >3[ Art. 7 of this Article, such a similar opportunity
>-Z EI, Z]QK, Z shall be given to the third winner. And if this does
fail in a similar manner, it is assumed that the tender
x,>x @2 E4>]u
is cancelled.
Z¼Q,
(@ *.=$ K.D >-F have not participated therein shall be returned to
Z4tK, same/them.
- 2 5 -
23 • 5 2004 . Zikre-Hig Gazette No, 23, 11
th
Day of September June, 2012, P a g e -25
2. (@2 AaD [ 2£ =>A
2. The bid bond pledged by those loser bidders shall be
=iA2 (< }| $³ returned to same/them starting from the next
>3Ä[ .« (@ *.=$ working day of announcement of the result of bid
3. @2 2£ vA>X ED µ.>X 3. Where the second and third winner bidders of the
(H >3Ä[ AaD 2
? 2, tender are willing to remain until it is ascertained
-KKp E.´ I. A-¼( ED that the winner bidder concluded a contract and if he
AaD 2 x, HZ 2£e fails to appear or the result has not been approved
and to take over the land by the price offered by the
x,
4A (@ AaD q A@
first winner and notify this to the tender executive
R2 K ?@2 A-, k
team, their CPO may not being returned and remain
xtq ED Z *-,=b A@
thereof. Otherwise their CPO shall be returned to
A.^i Ic =AÔ .«
them.
#ÌOAtq Z-A. >-? '¼Z
Z[, Z x,`T #ÌOAtq
Z-A.tK,
20. (' @ A.^i .A*4} 20. Organization of Lease Tender Executives
A.^i I EB.^Te <2 centers, tender executive team, as deemed necessary,
21. (' @ A.^i I Ö T 21. Responsibility of the Tender Executive
Team
- 2 6 -
23 • 5 2004 . Zikre-Hig Gazette No, 23, 11
th
Day of September June, 2012, P a g e -26
1. A' @ (>uo ?@[ 1. Cause the taking over of lands which are ready for
= ZT Z@ Tf -`Dt2j lease tender by ensuring on site that such lands are
FEh t2 -`cD -> ,* free from any holdings, they possess delineation and
5. (@ ]TI *.z u~,j 5. Prepare a bid document box; and close off/seal of
F, same.
*4r 4& A 18 /1/ decision proposal upon submittal of same to the
body authorized with power to decide in accordance
-] 2w E!] .,
A>]Q2
with Sub-Art. 1 of Art. of this regulation.
Ax, An
?
I,
{
Particulars shall be determined by a directive.
--$ ZH]D,
8. EBJ (' @ (@2 8. Prepare minutes which show overall process of the
AQZ l4 (iZ >AZ- bid of each lease tender specifically:
]. G[ >3Ä[ aT¶ G. Grounds why other bidders have not won.
(u A R¦ u~,
9. A' qk EB -^ (>u -YD 9. Cause the sale of land and land-related property
-Y T & EB2 , &b F mortgaged to effect lease accumulated arrears loan
.^*, A<2 (>A AR&T only the amount for the loan. Coordinate and direct
22. -Y ' 4R (i] AR& 22.Manner of Land Lease Allotment
1. -Y ' 4R (i]Q2 AKo A 1. Land shall be granted through lease allotment for the
12 -] A>^4t2 |}m[ ED projects and sectors permitted pursuant to Art. 12 of
u ×[ z|q , (A-e EnI ? the proclamation after a plan is submitted through the
=¤4 Ð
A^
s h[D =>* Bureau every year and thereby approved thereof and
its detailed implementation shall be put into practice
A.>B4|[ (i>
Z`D,
by the zones and city administrations. Detailed
A^
s iH
--$ ZH]D,
implementation shall be determined by a directive.
2. A /1/ (>A
2 E4>Q 2. Without prejudice to Sub-Art.1 of this Art. hereof,
`h AKo A 12 /1/ 4, > lists of other projects to be referred by the President
(]) -] ,p YB E(>-{ of the Region and thereby approved by the Council
AARt2-
_. RA} -.$ /e (Z Ö A. by the head of budgetary government office in a
4&B/ #d letter;
A. ?@2 (>Q(2 } -e '=DHc B. that the land is requested for the activities which
A@J <[ -`c #d ED are planned to be carried out within the fiscal
year; and
. A|}e (>^4 } -h{ C. That there is available approved budget for the
# project.
A. .2 A-. AR& xA2 (,, B. it has a permit to undertake the work from the
-.$ /e (>]Q kI #h2j ED appropriate Regional government office; and
. A-. (@]2 |} >RZT C. it is ascertained by the Bureau that the project
A2 -`c z|2 # assumed to be undertaken has got acceptance
thereto;
(Z@ *3 ]TJ =>*q HZ ,p
HZ A
4~ i-A=>q > .
(iuo Z`D,
3. »2 AET >* *A´ 3. If the request is for places of worship of religious
?@[ =`T AKo A 12 /1/ /-/ organizations, it shall be treated in a manner to be
iH.T2 AR& (i^¤ Z`D, government I accordance with Sub-Art. 1 (d) of Art.
12 of the proclamation. Particulars shall be defined
{ --$ (iH] Z`D,
by a directive.
- 2 9 -
23 • 5 2004 . Zikre-Hig Gazette No, 23, 11
th
Day of September June, 2012, P a g e -29
4. »2 -. (=>* (-h$ / 4. If the request is for the land to be provided on the
U'# - Ai
& -Y =`T basis of public urban residential housing policy, it
H
2 U'#D >=A2 iH shall be implemented in accordance with enacted
6. A = /1/ E.= /5/ (>-A=e 6. The project or sector which fulfills basic
-]@ nI- vw@[ -@t2 prerequisites specified under Sub-Art. 1-5 of this
AR *
nI--vw@³ Art. hereof shall be provided with an appropriate
A,m A>ª |} HZ u
k land size in compliance the existing standard by
appropriately verifying the fulfillment of those
ih2 .@B
I -] >z (`T
prerequisites.
(?@ . 4R (i]Q2 Z`D,
24. ,* (iT¿ TK$[ 24. Land Provided to Resettle those
-, A*.^
.Ai] ?@ Displaced Residents Due to Development
(=>* ?@t2 ,* HZ Without prejudice to compensation payment system to be
=>* -, *,*
AiA made for the residents who are to be evacuated due to
TK$[ (i42 (x A=^, .
AR& development or urban renewal development be directed
by the proper law:
RA2 1 (i- -`c E4>Q `h-
1. AKo A 12 /2/ -] Z@2 1. A lawful holder of old possession made to evacuate
E!An (>4 (TR
Z@ RA-& his holding in accordance with Sub.Art. 2 of Art. 12
>-
Z]QK,
{ iH
--$ pot of land in the old rent rate tenure. Particulars
shall be determined by a directive.
ZH]D,
2 . (' Z@ RA-& (2, u-c =-I¿ 2. The lessee shall not be made to evacuate his land
?@2 E!An AZ4 `h before the period of contract; provided, however,
Z@2 A& n #R, (i^A #` that where the holding is required due to public
- 3 0 -
23 • 5 2004 . Zikre-Hig Gazette No, 23, 11
th
Day of September June, 2012, P a g e -30
(' Z@2 E!An (>4 interest, a lawful lessee who is made to evacuate his
RA-& A$2 (' u- >-Z . holding shall be entitled to a substitute plot of land
ED 4~ A2 ?@ TR{ ' AR& having similar size and grade for the remaining
ZT xV ED ?@ AZ] which is held in an unlawful way where determined
to evacuate in various reasons.
4 . ( >TR ED (/ ,* 4. Where a lawful tenant of government or kebele
| l4 Z RA =>* (-. owned residential house in an urban center in which
HZ ( -h$ / >=Z (`T condominium has been built and housing
development program is under process is displaced
]2 =>*2 -, *,* |
due to urban renewal development program, he shall
>T¾ i` (-h$
be entitled to a substitute residential house by rent or
/ ´Z HZ ( -h$ /
entitled for facilitated purchase of condominium in
nIi º (i¢ vw@
advance payment. Particulars shall be determined by
Z-b[A@,
{ --$ ZH]D,
a directive.
5. (/ ,* | A =>* 5. Where a lawful tenant of government or kebele
(-. HZ ( -h$ / owned residential house in an urban center in which
>=Z (`T ]2 =>* -, *,* no housing development program is displaced due to
urban renewal development program, he shall be
| >T¾ i`
entitled to allotment of residential plot of land at
(-h$ / -z ?@ ' -TE K
benchmark lease price. Particulars shall be
-] 4R (i]Q2 Z`D,
{
determined by a directive.
--$ ZH]D,
6 . (-. HZ ( (I / 6. If lawful tenants of government or kebele owned
>=Z (`c ][ =>* -, *,* business house are displaced due to urban renewal
| >T¾ i`c development program and where they are willing to
c (i^n42 R@ A*=DH jointly undertake the construction harmonized with
the plan, they shall, on the basis of decision made by
k #htq Av R@ (i`
the Bureau or city administration cabinet or zonal
>-
*
>4
c A R@2 permitted in accordance with the plan for
-TE K (i.>DJ `h above the total size land permitted to the members
(>-A=>2 FEh AARe Tk. individually, the remaining land shall, having been
paid the highest lease price of the locality, be
H=k =>^42 Qn . Z
allotted to them.
=`T $2 AxRzq =k>X (@
K 1 - =kA2
Z-4&tK,
7. =>* ,, 2. ,* 7. Farmers made to be evacuated from their lands due
?@t2 E!A (>4 A
A4|[ to development within the boundary of urban center
=i=^A2 x >*$ ,p xzw the property, upon the decision of appropriate law,
be granted substitute land for constructing
iH
2 --$ - (-h$ /
residential housing through old holding system on
-z ?@ TR
Z@ .$
the basis of a directive to be issued by the regional
Z]
tK,
cabinet.
25. A
' .Ai] ?@[ 25. Lands to be Granted through Lease for
Short Period of Time
- 3 2 -
23 • 5 2004 . Zikre-Hig Gazette No, 23, 11
th
Day of September June, 2012, P a g e -32
1. AKo A\ 18 /2/ 4, > /A/ 1. Urban lands not designated for immediate
>Q]2 -] A
n Z development use pursuant to Sub-Art. 2 (b) of Art.
(*Z2p (=>* ?@[ A ' 18 of the proclamation may be provided, in short
Ai=>p A,Gm[ '] Z[p- term lease, for the following services:
-. AR@ IZ *23 ED Av D. For excavation of construction stone and for
>R
(i` *FT$ -=d planting machinery for this purpose;
. AnD AT.>X >* A>A F. For various service provision and manufacturing
A,Gm[ *nz ED *b of the micro and small institutions.
'^I Z[,
2. A
' Z@ (>]Q ?@ 2. Land use and contractual making of short-term lease
AQD 2, A E4i=>A2 holding shall be;
Z`D,d
_. A=>* &
D AKo >-A=>q 15 A. Fifteen years (15) lease period for urban
- (q, u- #` A /1/ agriculture specified under the proclamation and
= 4, > /A/ E.= // A>uu{ up to five (5) years the short term lease holding
(A
' Z@ 2, E.= 5 - contract specified under Sub-Art. 1 (B-F) of this
Art. hereof
(>H]T T2
A. AA
(>]Q ?@ (q, q B. Where the land granted for short-term is required
=*A A,* #^A &e for development before the expiry of the contract
A.^Te E(@( A$2 (2, &b adequate to lift the property. A substitute land
- 3 3 -
23 • 5 2004 . Zikre-Hig Gazette No, 23, 11
th
Day of September June, 2012, P a g e -33
-Qi (i` ?@ '] used only for the remaining contract period may
Z[, be granted, considered as deemed necessary.
. 4 #, >Zuq >zq q, C. Those lands formerly held and have not been
,>^
-Rtq ?@[ 4& concluded appropriate contract shall conclude a
-] q, ^-q 4 4 AI contract pursuant to this regulation and be made to
- q. .
E!Z« have order within one year of the approval of the
regulation.
Z4,
_. AA
?@ =>*2 =ÕR A. Bodies that are permitted land for short-term period
giÒ (>^4t2 Ax =>* by the mayor committee shall be made to exact
?@ (´Z >- HZ (' -TE annual payment on the basis of rent rate of urban
land or benchmark lease price. Particulars shall be
K -] -@ k E!=kp
determined by a directive.
Z4,
{ --$
ZH]D,
A. =>* ?@ ´Z >- -] B. Where it is impossible to cause exacting at the rent
*.=^, A*Zb,Rt2 AA
rate of urban land against lands permitted for short-
-TET =>*2 =ÕR giÒ determined by the urban center mayor committee
on the basis of special study. Particulars shall be
iH]T2 (k -Q E!=kp
determined by a directive.
Z4,
{ --$
ZH]D,
. A
' Ai] ?@ (Z@ C. Holding certificate plan may not be granted for the
*3 x
@ -.Q AZb, land permitted to short-term lease.
-. = Z 4, > // D. Without prejudice to the above provision indicated
(>4T2 E4>Q `h A
under C, temporary land use certificate may be
Zb,
k, A.
A. PART FIVE
ISSUANCE OF LEASE HOLD
.A' 2, ED (.
H A]
CERTIFICATE
26. (' 2, (i-Rt2 -
`[ 26. Principles of Lease Contract
(AKo ED ( 4& I¯[ Without prejudice to the provisions of the
E4>Q `T2 (' 2, k-&+
proclamation and this regulation, lease contract shall
.Ai4
t2 2G[ >4T2 -] contracts to be concluded by the institutions in civil
code administration division.
Z-,
@j (2, ]Æ >R D Ö Tj contract document shall specify rights and
Qn (' Z@ A.>B4
vw@[j obligations of the bidders, duties and responsibilities
of contract provider conditions of overall lease
(R@ -}-$D *QDS ( 4&j
holding administrations, time limit of construction
>*$ =?@2 (>A( R$
(iyJ
start-up and completion and special conditions in
, vw@[ (i-A -` AA
compliance with unique characteristic of the land.
{ --$ ZH]D,
2. (2p G[D vw@[ Sn =@2 2. Drafts of contract words and conditions shall be
]TI
E4 AI k, `T2 -n& submitted together with the contract document as
>Q]2 - *.=& x,>bA basis of the day specified on the contract, the
(
D Z`D,
4. ' 2p Z (>AØD (2p ]TI Ax, 4. Matters which are specified in the lease contract and
`T2 (>^s B[ ' H]42 signed as part of contract document shall serve as
]2 `T ' 2, ]Æ2 , E4 legal documents on the part of both parties.
1 `T2 Ap
5. (' 2, @ RaT^ HZ 4R 5. Lease contract shall be concluded between the lessee
>]Q2 HZ AKoD 4& H4 who has won in a tender or granted to him in
' <$ E!R >H]T (=>* ?@ allotment or urban land determined to enter into
' RA-&eD 2, ]Æ2 -x=, Z lease tenure and contract provider in accordance
with time schedule and detailed implementation
4& A*.^¤ iH
2 --$
process specified a directive to be issued to
i-Q2 ( ]BD
(A^f¤
implement this regulation
l4 - -^
AA
6. A.^2 (nIi k AQDn¼ (' 6. A person who has completed the necessary down
2, (>KKA ]2 R@2 ZTD 4~ payment of lease price and concluded a lease
>AZm AKo ED 4& >-Q2 contract shall commence and complete in
( 4& 2. R@ -}-
D accordance with the type and the standard of the of
the construction specifically stated and within the
*QDn AA
time limit as indicated under the proclamation and
this regulation
28. (' Z@ (.
H 28. Lease Holding Certificate
1. (=>* ?@ ' (>^4A ]2 (' 1. Leasehold certificate shall be issued to a person to
Z@ .
H Z]QK, whom an urban land lease holding is permitted.
2. (' Z@ (.
H AKo 2. The leasehold certificate shall, in addition to those
A 17 =>-A=e >*$ indicated under Art. 17 of the proclamation, include
Zh
@,-
_. (RA-&e HZ (RAZ@q sp A. Full name of the lessee or holder and passport
. ED (Ù.U
-Q Aq size photo graph;
I ×m kj
. (?@2 (] An
3 A-,x[j C. An arrow-indicator of the north direction of the
(.¹p -A´ ED (*Eu plot/land, scale measurement and junctions of
k, .I.
.I. PART SIX
URBAN LAND LEASE PRICE AND
(=>* ?@ (' K ED (k
A^f¤
29. (=>* ?@ (' -TE K 29. Urban Land lease benchmark price
(=>* ?@ (' -TE K -D (=>"³ The valuation lease benchmark price of plot of urban
AH
D TR vw@ -] *I ED land shall be prepared on the basis of the structure and
(i=>p .,m[ *Du& Zu~, objective conditions of the urban centers and
considering the following systems.
1. (=>* ?@ (' -TE K (n- 1. Calculation system of urban land lease
.,- benchmark price shall be prepared by
considering:
_.
x@ -YD -Y T &Zm[j A. Various land and land related marketing;
30. (=>* ?@ K QD .A 30. Categorizing Urban Lands into Price Zone
-=^, ED A>R{ and its Implementation
1. 4& A 28 /1/ ED /2/ Z 1. A price zone map shall be prepared on the basis
>4T2 -] (>]2 (=>* of lease benchmark price of list of urban lands
AAd
2. (' -TE K Hn@ Te >Q&¼ 2. The lease benchmark price shall be prepared by
E!yI (} -e HZ (vA considering all land zone and service type of land
@[ vp (?@ QD ED year or every two years so as to maintain its up-
to-date price.
(A,G ZT @z *I
-u} AAd
3. = Z /1/ >4T2 -] 3. The price zone map prepared pursuant to the
(>u} (K QD x
@ Hne AR& provision of Sub-Art. 1 of this Article shall,
RA2 Ax, *. 4n =>*2 having timely caused its approval by the
i] ?@[ Z >R Z`D, lands to be offered by tender and granted through
allotment.
5. (X2 ?@ A?@2 4~ =>-Q2 5. Any plot of land may not be transferred through
(-TE K @[ @ '>Ak tender below benchmark price specified to the
6. A. A ED AT.>X z t2 6. Special benchmark price shall be set and
(&>]& kG[ iH
2 (_$e implemented, on study, for a plot of land to be
A-h$ A,G Ai] ?@j sections that have low income in accordance with
urban house policy to be issued by the country,
A*ct$j A=>* &
D ED
for manufacturing, for urban agriculture and for
AzT. A,G E4( A,Ge
business service, depending as the service type
AZT (>A( -TE K *D
thereof.
>R Z4,
7. (=>"[ (' -TE K >- vw@ 7. Condition of urban centers’ lease benchmark
z|2 i
2
D Z price rate shall be determined by a directive on
>-.
m --$ (iH] Z`D, the basis of detailed study submitted by the
Bureau.
8. = Z (>-A=>2 E4>Q `h 8. Without prejudice to the provision indicated
Avc Hn (' -TE K Rt2 above, the minimum/benchmark price may
=>"[ (>H]c A.^ (`c remain without being revised in urban centers
'>- Z[, `h AR& with the service type; provided, however, that if
it is impossible to be accommodated by such a
'.>DI (*Z[, #`d (' -TE
manner, it shall be implemented; it shall be
K 4R A>]Q k >R
carried out at lease benchmark price of the
Z4,
payment delivered in allotment.
3. A /2/ (>-A=>2 E4>Q 3. Without prejudice to the provision of Sub. Art. 2
`h A!ªG*ÕD AA Ak >* of this Article, lease price of the plot of land to be
provided for diplomatic and international
- 3 9 -
23 • 5 2004 . Zikre-Hig Gazette No, 23, 11
th
Day of September June, 2012, P a g e -39
`h -. , , .T provided, however, that where there is no clear
?@2 Z AT2 & K ED free from lease payment if the payment of the
value for the property attached on the land and
?@2 (A
A4
Z@ =`T
the compensation equivalent to the expense
AA
A4{ (>=^A2 (x HÆ (i>x
effected for the farmer in case the land belongs to
k AI #^
-Ye ='
a farmer are paid at once thereof. Detailed
k Tf Z]
,
(k AH]c
payment determination shall be determined by a
--$ ZH]D,
directive.
32. (' k A^f¤ 32. Exacting of Lease Payment
' ?@ (>^4A ]2- Any person permitted land lease holding:
1. (' K (nIi k -Q ,* 1. The amount of lease price down payment, being
<2 HZ A,Ge ZT >AZm to be separately determined upon development
(iH] `h AKo A 20 /2/ -] activity or the service type, lease down payment
(-^, -&e (>Q T2 AR& land lease price at once shall be reserved. Interest
i^
k Z HAI (*Z@]& #` shall not be paid on the payment effected in this
manner and he shall have up to 5% incentive
=Qn2 (' K E.= A. -m
reduction of the total lease price. Particulars shall
(5%) nDF *@b Z]QK,
{
be determined by a directive.
--$ ZH]D,
3. nIi k =^¤- Ð E4 ,*e 3. After exacting down payment, being variable as
- 4 0 -
23 • 5 2004 . Zikre-Hig Gazette No, 23, 11
th
Day of September June, 2012, P a g e -40
HZ A,Ge ZT (iAZ `h per the development or the service type, payment
A-h$ A,G E.= 50 - AG[ completion time for the lessee shall be up to 50
A,Gm[ E.= 40 - E!v years for residential service, for other services up
A=>* &
D E.= 7 - (k to 40 years and for urban agriculture up to 7
years. Particulars shall be determined by a
*QDS Z]QK,
{ --$
directive.
(iH] Z`D,
4. =Qn (?@2 (' K (=^A2 nIi 4. The average price obtained through dividing,
k > $2 k A>]Q2 (k having been reduced the down payment he has
*QDS >xkG (iª2 A*xZ paid from the total land lease price, and the
K -@ (' k E.= *QDS remaining balance payment with the payment
completion time permitted to him shall be paid
2 (-e Z=k,::
every year until the completion of annual lease
payment.
5. A /4/ (>-A=>2 E4>Q 5. Without prejudice to the prevision of Sub. Art. 4
`h 2, >RZ -@ k2 -e of this Art. hereof, if the contractor requests to
x AR& A2 Ax, '^nIA different time within the year, an appropriate
organ may permit him; provided, however, that
Z[, `h (k A^
s =.
the effecting payment shall not exceed from three
-&A (A
times.
6. (-e i=^A2 $ (' k Z 6. He shall pay each annual interest on the
I I R *4$ >- remaining lease payment to be effected every
- ((-e HAI Z=k, AR& year as per the prevailing interest rate on loans
A2 Ax, ((Hne (R (*4$ HAI offered by the Commercial Bank of Ethiopia.
Where the current bank loan interest rate is so
>- #AH ($ k2 (HAI
w
altered, the appropriate body shall have the
A&| E!AH (-=@>, Ö T
responsibility to follow up that the applicable
AA
interest rate of the remaining balance interest to
be altered as well.
7. A,G Aq (K Aq 7. Unless there exists price change due to the
x,h .>
A q, (>R (' conversion/alteration of service, lease payment to
k (q, u-c E.´QDn I. which a contract has been entered into at once
contract period.
-] k2 Hne -^ contract he has entered into with the appropriate
AA organ.
2. AKo A 20 /5/ ED /6/ -] 2. Where a lessee failed to make payments within
(' RAZ@2 (' k2 -^, the specified time limit in accordance with Sub-
(&I
k[ Z iA2 (n
of Ethiopia on defaulting debtors on the annual
-Q -] -3 E!=k, payment which has not been paid in time as
originally scheduled thereof;
Z4,
A. (A-e k2 RA-^p (4~2 B. be served a written notice due to his failure to pay
(vk *.QS (i]Q2 #` the payment annually and if he accumulated
(µ. - 2k xA =A>X2 arrears for three years, the appropriate organ shall,
- }| AR& A2 Ax, &e starting from the fourth year, have the power to
seize and sale the property of the lessee to collect
Z -a A2k EB2 -^
the arrears.
(*K, .,
AA2
3. AR& Aq Ax, (' RAZ@2 3. The appropriate organ may seize the asset of the
Á& - (i[A2 (-« E¡ lessee only the property attached on the holding
>]Q =qp >uq annexed with the contract during the order of
Z@ < i¢ & Z &b T2 seizure is given off thereto.
4. AR& A2 Ax, &e =u 4. The appropriate organ may sale the property of the
A.m =i¼Q
=A<
(< D lessee (lease holder) on auction after ten days
Ð E.= EB2 4& I. (RAZ@q from the date of his holding the property until the
time limit of the loan.
& Ár -a Z[,
5. A /4/ -] AR& A2 Ax, 5. If it is ascertained that the sale to be made by the
appropriate organ to reimburse the arrears loan in
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23 • 5 2004 . Zikre-Hig Gazette No, 23, 11
th
Day of September June, 2012, P a g e -42
2k EB2 A*.-A. (i=D2T2 accordance with Sub-Art. 4 of this Art. hereof
F (& A.>B4{ AR& does not contravene the administration of property
(i2 AA-`c E.=>Q I. in a manner of law, it shall be only the property to
Aq (RAZ@q & HZ lease payment pursuant to the proclamation and
z - (ibA2 AR& A2 Ax, this regulation after the appropriate organ has
served a written notice to the lessee in advance
Á&e - 2k (' k
that he could seize the property and collect the
E4i].& A.I" A' RAZ@2
arrears lease payment. The said notice shall be
\vk x.@H Ð Z`D,
served to the debtor of the lease payment prior to
ZT (i]Q2 *.@HS Á&e =-«
sixty (60) days of the seizure of the asset.
<, (60) D A' k
RAEB2 '4
]2 ZR,
7. AR& A2 Ax, 2k (' k 7. The appropriate organ may request police force to
(i^A (' RAZ@ Á& appear while it seizes the property of the lessee
'QZn Z[,
8. k
I / E¡ (>= HZ 8. Where an appropriate body requests a person who
A^f¤ Z A HZ 1 AR& has owned a property which is seized due to any
K.D (>u x,`T .> *Dt2 accumulated arrears payment or who has been
2k (' k (>u under any obligation to a debtor of accumulated
arrears shall, unless it is held by court order or is
& Eo (i¢ HZ A2k '
under verdict execution or is seized as collateral
RAEB2 *Dt2 @ A ]2
by proper law, have a responsibility to hand over
AR& A2 Ax, #QZ2 (u2
the asset he has owned or discharge his obligation
Á& (*.=& HZ A @
thereof.
(-^¤ Ö T AA
9. *X2 ]2 AR& A2 Ax, 9. If an appropriate body requests a person to hand
#QZ2 AI (>u & A*.=& over a seized property and fails to do so, he shall
^4X Z` ( E4`T >u2 be accountable to the extent of the property held
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23 • 5 2004 . Zikre-Hig Gazette No, 23, 11
th
Day of September June, 2012, P a g e -43
& -Q , >QS Z`D, thereof; provided, however, that his accountability
`h >QSTe A&e - shall not be exceed the amount of accumulated
=`T2 2k (' k -Q ED arrears lease payment which is a reason for the
G[ HÆ[ ', AZ[, seizure of the property and other legal expenses.
10. A /2/ -] &e A2k 10. If a person whose asset has been seized to be paid
EB2 -^ (>u ]2 A^
s for his arrears loan in accordance with Sub-Art. 2
E.= (=>*2 =ÕR giÒ HZ =ÕR implementation, he may submit the matter, as
appropriate, up to mayor committee or to the
giÒ A =>*2 (i-A=>2
pertinent council of woreda administration in the
(HB2 A.>B4
/ I.
urban center in writing.
vk *n& Z[,
11. A /10/ -] A/e@2 11. An organ that the complaint is submitted to in
(A Ax, B -
| =AI accordance with Sub-Art. 10 of this Art shall,
E.= A - (i4 . `h- the intended development or service, be allowed :
. A«k $, E.Ò 3 - ED E. For mega real estate ---------3 years; and
. ARA A g=&D = Z 4~ F. For four-star and above hotels --- up to 3 years.
t2 `ÒG[ E.= 3 - (i4
.
([|@ ']Q2 Z[,
2. = Z /1/ = 4, > /_/ E.= 4, 2. Without prejudice to the provisions of Sub-Art. 1 (A)
- 4 4 -
23 • 5 2004 . Zikre-Hig Gazette No, 23, 11
th
Day of September June, 2012, P a g e -44
> // (>AÔ E4>Q `h ([|@ up to (F), sectors whose grace period have not been
,>H]Tt2 u
×[ =>R defined thereto may, having been studied considering
vw@2 -T z|2 E(>QD E.= the objective conditions by the Bureau, be allowed
Z[,
3. ([|@ (>H]TA ]2 ([|@2 3. The grace period permitted for a person shall
-¼Q
(i}2 (' 2, =^- commence as of the date of the conclusion of the
vw@ =R@ *QDS ', last beyond the date of completion of construction.
AZ[,
5. Z 4& =-2
e (=>* ?@ ' 5. Any person to whom urban land lease holding is
>^nÇA ?@ A.xz2 Ax, permitted prior to the enacting of this regulation and
?@ ,>= HZ ?@ =>= has not received the land due to the land delivering
}| 4 E.=¤D I. =18 H
body fails to do so or from the time he receives the
land up to the enforcement of the regulation is not
Z ,`T2 HZ (nIi k -Q
exceeding 18 months or who has applied for the
ZT.,¢ HZ (k *QDS
reduction of down payment the extension of
Zu,¢ i, A/e@ An
? B
completion of payment and such an application is at
E,, Z (i¢ *X2 ]2
pending may, as appropriate, be beneficiary of the
A (>-A=>2 ([|@
grace period specified under this regulation.
E4AR&Te >Qi '` Z[,
R@[d
-. .e =5001 x. Z `T Z@ Z D. Constructions to be constructed on a land size
(iT R@[d HZ of 5001sqms. and above; or
A=k>X R@ =9 H
-&A months for large construction projects as of the date
of conclusion of lease contract. If it is found that the
(A( 4 , =>ª B
time limit exceeds, there shall, having been examined
>-
| AKo -] >QS አካል 'h
the matter, be a responsible body pursuant to the
ZR,
proclamation.
2. A /1/ (>Q]2 zh
2. Without prejudice to the provision to Sub-Art. 1 of
RAZ@2 !¡Zc >Q]2 4& this Art. if the holder fails to submit the design at the
x (R@ 2 -¼Q (i}2 specified time limit, the commencement of the
(' 2, =>KKA }| Z`D, construction time shall be from the date of conclusion
of the lease contract.
3. (R@ -}-$ (
$ (R@ 3. Time ceiling of construction commencement shall,
kI =>H]4 }| from the date of conclusion of construction permit,
shall be:
_. AAT.>X 4~ R@[ E.= 6 Hj A. up to 6 months for small construction projects;
. A=k>X 4~ R@[ E.= 18 H C. up to 18 months for large construction projects.
Z`D,Z ' 2p 2. (ix> This shall be included in the lease contract.
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23 • 5 2004 . Zikre-Hig Gazette No, 23, 11
th
Day of September June, 2012, P a g e -47
Z`D,
AR@ -}-$ (i]Q2 Qn appropriate body; provided, however, that the total
commencement period may, at any means, not
*X2 vw@ -
exceed:
_. AAT.>X R@ = 9 Hj A. 9 months for small construction projects;
. A=k>X R@ =18 H -&A C. 18 months for large construction projects.
AZ[,
5. *X2 (' RA Z@ A /3/ 5. Where any lessee fails to commence the
ED /4/ -] >H]T2 ( 4& construction within the time limit specified in
R@2 x,}- AR& A2 Ax, accordance with Sub-Art. 3 and 4 of this Art. hereof,
(' 2p * ?@2 -, -=& the lease contract shall be terminated and the
appropriate body shall take back the land.
Z[,
6. A /4/ (i^42 (R@ 6. Extension of period of construction commencement
-}-$ ( E
*w *X2 vw@ permitted under Sub. Art. 4 of this Art. hereof may,
(R@ *QDS E *w A-Q(n at any means, not be submitted as a reason for the
HZ A-kI T '
& purpose of requesting or permitting the extension of
construction completion period.
AZ[,
7. =Z A .
(>4T 7. Without the prejudice to the provisions under this
E4>Q `h -, *,*D G[ Article, the appropriate organ may execute the
-}-$ =*A z. =vA H
is permitted, serve a notice to such persons at least
4 &G E4A-½Te 4&B/ prior to two months of the expiry of the period of
-AQk HZ AxRz2 i¢ (& through a letter in their address or by affixing it on
(*.@HS ]B Z -AQk the land or on the public notice board found in the
locality.
*.QS -.Q AA
2. (R@ -}-$ ( 4& A^ ]2 2. A person whose time limit of construction
?@2 >^4 (A.>B4
E
= commencement is expired shall submit to the
Ai¢2 AR& A2 Ax, ? R@ appropriate organ to be found at the administration
,}- D
Z R@2 level whereabouts the land is permitted the reason
why he fails to commence the construction and his
A-}-
A2 oTD An (
readiness to commence same next and his capacity
4 =-QD HZ xA^ Ð
prior to the expiry of the time limit or not exceeding
AI H
R,AQ 2. vk
one month after the expiry the time limit in.
*n& AA
3. »2 >RZT xª 4& A 3. He may be permitted the additional period of time
36 /4/ (>-Q2 >*$ '^IA specified under Art.36 (4) of this regulation if the
4. >*$ (R@ -}-$ >^nÇA 4. The appropriate organ shall, by terminating the
>*$2 2. R@ ,}- contract of the lessee who has been permitted
HZ >*$ ( »2 >RZT additional period of time and failed to commence
i=>A2 AR& n
E!=k, pay a penalty in the following manner:
Z4,d
_. *X2 (=>* ?@ @ HZ A. A person to whom urban land is permitted
4R (>^4A ]2 -Ye through bid or allotment shall be liable to pay
=>= }| (' 2p annual lease payment which covers the period
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23 • 5 2004 . Zikre-Hig Gazette No, 23, 11
th
Day of September June, 2012, P a g e -49
E.=>Q A2 -@ (' k from the date took over the land up to the
ED =Qn2 (' K ]R -m (7%) termination of the lease contract and a penalty
6. A /5/ (>4T2 zh
,p 6. Without prejudice to the provision of Sub-Art. 5 of
-.>BI
/ A*x¢T 4R this Art. hereof, where a lease contract of the
# RAZ@2 n
E!=k, allotment by the Council of the Regional
Government is terminated, the holder/the lessee
AZ4d
shall not be liable to pay a penalty. Lands for:
_. ARA} (-. -<
/m[ A. office premises of budgetary government entities;
Az| A,G (i2p ?@[j
?@[j
Ax, >^-2 (' 2, - completing the construction within the time ceiling
(R@ ^I =H]4 A.m specified for the level of construction or type
starting from the day on which he has been obtained
R@2 4~ HZ ZT >H]T2
construction permit, commence delivering services
(
$ 2. R@2 *QDn
on the land.
?@2 Z A,G -.Q -}-
AA
2. (R@ *QDS ( 4& E4( 2. The time limit for completion of construction shall
R@³ 4~ AKo A 23 /2/ be pursuant to the provision indicated under Art. 23
3. A /2/ (>4T2 zh E4 3. Without prejudice to Sub-Art. 2 of this Art. hereof,
R@2 2.&.&T E(@( (R@ the time for completion of construction may be
A. A-x=AX R@ =A. vA /12/ B. twelve (12) months for medium projects; and
H ED
. A=k>X R@ =A. vA /12/ C. twelve (12) months for large projects.
H -&A AZ[,
4. A\ /3/ (>4T2 E4>Q `h 4. Without prejudice to the provision of Sub-Art. 3 of
«k ED (>D} ,* (iQZ (?@ this Art. hereof, the completion of construction of
.@t2 =AI -m ¾ xY
Z those projects which are mega/large and whose land
size are above one hundred thousand square meters
(`c |}m[ z|2 , , -
_-
demanding integrated development may, having
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23 • 5 2004 . Zikre-Hig Gazette No, 23, 11
th
Day of September June, 2012, P a g e -51
&
Hmt2 I" i4 (>DQ, been scheduled special program on the part of the
.Tm[ ,p xzw ¤Iq '^
s Bureau upon individual agreements to have been
`h -, *,*D G[ A& n hereof, the appropriate organ may cause the
A /3/ -] (>]Q >*$ contract and an application of extension of the
period of commencement and completion of
(*QDS *I
construction submitted based on the additional
(R@ -}-$D *QDS
completion period allowed in accordance with
E!u (i
& » >RZT
Sub-Art. 3 of this Art. hereof.
(A2
=AI H
R,AQ 2. R@2 with evidence the reason why he has not completed
the construction within 10 (ten) working days
QD 10 (A<
) (.
within not exceeding one month after the expiry of
D 2. (' RA-&e
? *.~
time ceiling specified under this regulation as the
E!.B vk $ *I AA
level of construction project .
2. RA-&e $2 =>A^ }| 1A 2. If the lessee has failed to prove or unable to bring
(< D 2.
? x.B HZ convincing reason within 10 working days, he shall
A*¢ *n& x,bA (R@2 be liable to pay, at once, a financial penalty
*QDS ( 4& x }| amounting to 0.15% of the total lease price for each
additional month from the date of expiry of the
Ai^IA >*$ =Qn2 ('
construction completion time limit.
K (i@]&/(i-
/ AEBJ
- 5 2 -
23 • 5 2004 . Zikre-Hig Gazette No, 23, 11
th
Day of September June, 2012, P a g e -52
=An Z `T -`c is due to force majeure, he shall be permitted
'^IA Z[,
4. (' RA-&e >*$ ( 4& 4. If the lessee has not completed the construction
2] R@2 xQDD ?@2 Z within the additional time limit and the
(>TR2 R@ =>^4q Qn construction built on the plot of land is less 10% of
R@ =1A% T] =`T ' AKo the total construction, the appropriate organ may
terminate the contract and take over the land in
A 23 /6/ -] (' 2p
accordance with Art. 23 (6) of the proclamation;
* ?@2 AR& Aq Ax,
proved, however, that if the construction built on
-=& Z[, `h ?@2 Z
the land is 10% and above of the total construction,
(>TR2 =>^42 Qn R@ 1A%
the provisions of Sub-Art. 7 of Art. 23 of the
ED = Z =`T ' AKo A
proclamation shall be implemented, as deemed
23 /7/ (>4T2 E4 AR&Te >^i necessary.
Z4,
5. AKo A\ 23 /7/ - H
2 5. An investor who has competed against the tender
@ >HB4| aT^ RA_& .s issued in accordance with Sub. Art. 7 of Art. 23 of
Z¡H A@, AR& xA2 Ax, the proclamation and thereby won same, he shall
A!. 2, ZKK, R@ *QDS conclude a new contract with the appropriate organ.
With regard to the period of completion of
>-A=> R@2 A 4~
construction, he shall, having been considered the
@Zm A$2 < (i.^,2
status of the construction, given a period of time
RAs >Â Z]QK,
{
required for the remaining construction activity
--$ (iH] Z`D,
verified by an expert.
40. ' A>] ?@[ (A,G 40. Permit for Service Alteration of lease
A2 .A-kIj Holding Lands
1. =>*2 -Kn -] AAI 1. Where the application of land service alteration of
(A,G ZT >]Q ?@ Z another similar working sector is requested on the
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23 • 5 2004 . Zikre-Hig Gazette No, 23, 11
th
Day of September June, 2012, P a g e -53
>-ZT A2 (< u
k (?@ land offered to a certain type of service pursuant to
A,G A2 » #
& AxRz2 basic plan of the urban center, the service alteration
xA2 HZ H4 =ih2 A,G may be permitted if it is not found to contravene with
(*Z `h =>ª (A,G A2 the service in the locality or with the service may be
available in the future.
'^I Z[,
2. (2 (A,G A2 » ( 4R 2. If the application for service alteration requires plan
A2 ((Ú A2) (i.^,2 =`T zoning change, first, the plan change request shall be
-}-$ ( A2 »2 submitted to the Bureau through plan implementation
A^
, (< l4 , Az|2 follow-up process and decided thereof. Particulars
shall be decided by a directive.
Ö
? qw *ª Zh
@,
{
--$ ZH]D,
3. (A,G A2 =-^J A.I" 3. The lease contract shall, to be concluded pursuant to
>R2 2, -] (' 2p (i^ a contract concluded prior to the permission of the
`h 4 #, (>^-2 2, (A,G service change and if the lease period ceiling of the
A2 E!4 =>Q( (' u- contract which has been concluded previously
exceeds the lease period to which causing of service
=AQ ED (K Aq xA AA,Ge
change is requested and price change is available, be
>]Q2 (' u-
ED A!¿ K
caused to be adjusted on the basis of the lease period
-] E!.>x=, Z4,
ceiling given to the service and the new price.
4. Z 4& =-2
e AR&T A2 4. Any service change which has been undertaken
Ax, 22 HZ ¤I2 (>^¤- without the awareness or approval of the appropriate
*Dt2 (A,G A2 c (iA2 body prior to the issuance of this regulation shall be
=`T &b (R@2
K 0.5 -m treated in accordance with the provisions of this
regulation by imposing a penalty of 0.5% of the
n
*.=^, A2 4& I¯
construction detailed price only if the change is in
-] E!.>DI Z4,
conformity with the plan thereof.
5. A /4/ Z (>4T2 E4>Q 5. Without prejudice to the provision of Sub-Art. 4 of
`h A /1/ ED /2/ .
=>4T2 this Art. hereof, if a service change is made, in any
2 *Dt2 vw@ (A,G A2 means, other than the provisions stipulated under
>^" =>ª -Kn c HZ Sub-Art. 1 and 2 of this Art. hereof, the change may,
having been paid a penalty of 3% of the highest lease
(AxRz ,* c (i^nI HZ
price of the locality, be permitted thereto where the
'.>x=, (i[, =`T (AxRz2 =k>X
basic plan or the local developmental plan allows or
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23 • 5 2004 . Zikre-Hig Gazette No, 23, 11
th
Day of September June, 2012, P a g e -54
(' K 3 -m n
>=kG A2 it could be readjusted and the lease price shall be
'^I Z[,d (' K2 A!. made to be completed in the remaining lease payment
>(2 (A,G ZT -] period, being adjusted in accordance with the service
E!QDn Z4,j
6. ( A\ /5/ I¯ E4>Q `h 6. Without prejudice to the provision of Sub-Art. 5 of
AA,G A2 (i=^A2 (' K this Art. hereof, where the lease price to be paid for
I" =T2 A,G ZT (' K the service change is found to be less than the lease
(i. `h =>ª I" T2 (' K price of the previous service type, the change may,
having been paid a penalty of 3% on the basis of the
. 3 -m2 n
>=kG A2
previous lease price, be permitted to him.
'^IA Z[,
HZ A*¢ vw@[ #h{ , vw@ be permitted for the following lands on which
plan zoning change is not allowed in principle
i=>p ?@[ Z ( 4R A2
and they are out of those provisions listed under
'^I Z[, d
Art. 42 of this regulation but there exists
compelling or persuasive circumstances.
_. A.U
*u2>$ ( 4R (>] A. Lands offered for sporting contests plan
?@[j classification;
A. Aj A-Då$j AET >*D B. Lands allotted for market, terminal, religious
A&
?@ (>-4 ?@[ institutions and places of grave.
2. A /1/ <
>-A=e B[ 2. Plan classification change of the provisions
Z ( 4R A2 '^I (i[A2 indicated under Sub-Art. 1 of this regulation may
(2w Á& A 40 /2/ -] the execution of basic plan of the urban center is
3. *X2 ZT &A '^{ (i[p 3. Any application to establish those services which
A,Gm[ = IRt2 2 may cause any type pollution out of their plan
AZh2
1. *X2 (' RAZ@ R@ A-}-
1. Any lessee may transfer his lease right to the third
4& A 36 (>-Q2 party prior to the expiry of the time for commencing
=*A¶ (' -&e A.>X H the construction specified under Art. 36 of this
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23 • 5 2004 . Zikre-Hig Gazette No, 23, 11
th
Day of September June, 2012, P a g e -56
#.>,k =2 . .> AKo A for commencing the construction, the provision of
24 /2/ (>-A=>2 (i^
-2 4& Sub-Art. 2 of Art. 24 of the proclamation shall be
executed on the basis of current land lease right sale
A 46 -] AR& Aq Ax,
price to be determined by the appropriate organ in
iH.T2 Hn@ (-Y ' -&
accordance with Art. 46 of this regulation.
-a3 K -] Z`D,
3. A /2/ >-A=>2 -&e 3. Anybody aggrieved on the process of transferring
*.>Ak /-a/ l4 nY@ A2 Ax, /sale/ of his right may lodge his grievance to the
nY@2 AR& A2 Ax, vk *n& appropriate organ in writing and the appropriate
Z[, AR& A2 Ax, A. organ shall, having offered the land for tender within
fifteen working days, cause the respect of his right in
A. (. D 2. -Ye
accordance with Sub-Art. 2 and 3 from (A) up to (C)
A@ *n& AKo A 24 /2/ ED
of Art. 24 of the proclamation
/3/ =/_/ E.= // >-A=>2 -]
-&e (i.Q&nA Z`D,
4. A /3/ (>-A=>2 E4>Q 4. Without prejudice to the provision of Sub-Art. 3 of
`h RA-&e -a3 K2 x,>.** ED this Art. hereof, if the lessee does not agree with bid
AR& A2 Ax, AKo A 24 /3/ /_/ tender, the appropriate organ shall take over the land
by effecting the payment specified under Sub-Art. 3
(>-A=>2 k -^
?@2 -,
(A) of Art. 24 of the proclamation.
Z=K,
5. A /4/ -] AR& A2 Ax, 5. Pursuant to Sub-Art. 4 of this regulation hereof, the
?@2 (>-Q2 4& =-I¿ appropriate organ may take over the land prior to the
-, A-=& (i[A2 RA-&e expiry of time limit specified under the law if the
vk .Te # & &b Z`D, lessee only shows his consent in writing
6. A /1/ -] H4 .>X Ax, 6. Title to the property of leasehold right which has
F (>A^ (' -& (. 22
been transferred to third party on sale shall be
(i^ -2 AR& Aq Ax, R]q HZ executed on the basis of calculation or agreement of
>.**q -] =>ª z Z - the appropriate organ and from the income obtained:
_. E nIi kq HZ =nIi A. If the seller has effected the down payment or
- 5 7 -
23 • 5 2004 . Zikre-Hig Gazette No, 23, 11
th
Day of September June, 2012, P a g e -57
kq Z k ^" =`T above the down payment, such effected payment
Zåq u& ED Z u& I and the interest of same thereon, calculated at
I R QR l& z- h| bank deposit rate including 5% of the difference
.¢ (Tq HAI #4-
I"q between previous lease price and the current sale
price ;
(' K ED Av (>ªq (F
K ,T 5 -mj
ED ºq AR& Aq Ax, >zq government and after the purchaser has concluded
(' k A-^
q, =>KKA a contract to effect proper lease payment to the
appropriate body. Particulars shall be determined
Ð Z`D,
{ --$
by a directive.
ZH]D,
7. AR& Aq Ax, A /6/ z 7. The appropriate organ may receive the money
(i4A u& E4.T@tq =E deposited to it on the basis of Sub-Art. 6 of this
HZ =º ', Z[, Article from the seller or purchaser as to their
agreement.
8. A /6/ /_/ ED /A/ Z (>-A=e 8. Payments specified under the provisions of Sub-Art.
k[ >^i (i`c Fæ =>ªq 6 (A) and (B) of this Art. shall be effected only from
R@ ^ ?@ (' -& A.>X attached to the third party prior to the expiry of time
2. ($, .Ò ,* >-A=> >DQ, 2. Regarding to real estate development, without
>QD R@ Z ($, .Ò RA_&e prejudice to the right of the investor of the real
(i[, -`c E4>Q `h sp sp has entered into, if he, with the exception of
$, .Òe H4 .>X Ax, =2
. inheritance, wishes to transfer the real estate entirely
.> A*.>Ak #^, vp to the third party, he shall undertake the construction
&Gg[ Z AKo A 2 /16/ // in accordance with Sub-Art. 16 of Art. 2 of the
proclamation.
-] R@2 *=DH Zh
@,
3. A\ /1/ -] (>A^ (' 3. Price of leasehold right transferred pursuant to Sub-
-& K AR& Aq Ax, (i
2 Art. of this Art. hereof shall, having been separated
(-Y ' -& -a3 K ED (R@ into land lease right sale price and construction
22 (i^ -2 RA-&e nIi with Sub. Art. 1 of this Art. hereof shall be carried
AR& Aq Ax, iH.Tq (-Y ' out if the lessee consents to sale price of land lease
right to be determined by the appropriate organ.
-& -a3 K =>.** Z`D,
5. A = /1/ E.= /3/ RAq -] 5. Pursuant to the provisions from Sub-Art. 1 up to 3
=2
. .>
H4 .>X Ax, (>A^ of this Art. hereof, transfer of title to property of the
(' -& (. 22
(i^
-2 - lease holding right transferred to the third party
shall, with the exception of inheritance, be carried
out after:
_. -&e (i.>,^q ]2 AR& Aq A. a person who is going to transfer the right has paid
Ax, A (' EB HZ entirely his loan or another additional payment
#QDnnj
A. A 4, > /_/ -] B. the payment, required from him pursuant to the
(i^A k R (QR l& Sub-Art. 1 (A) of this Article hereof, equivalent to
- 5 9 -
23 • 5 2004 . Zikre-Hig Gazette No, 23, 11
th
Day of September June, 2012, P a g e -59
z- h| .¢ (Tq HAI @.? the amount of interest, calculated at bank deposit
#=k,j rate has been exacted;
. (' -&e ->A¶ =>ª2 (' C. 95% of lease price obtained from due to transfer
K 95 -m AR& A2 Ax, z of leasehold right has been deposited to the
-. '« (>A^A ]2 AR& A2 Ax, D. a person to whom the leasehold is transferred has
A$2 >zq (' k concluded a contract to effect the appropriate
ZT A-^
q, =>KKA Ð lease payment for the remaining time
nY@2 AR& A2 Ax, vk may lodge his grievance to the appropriate organ in
*n& Z[, AR& A2 Ax, writing. The appropriate organ shall, having
considered the condition in detailed and found it
vw@q
AZm @ *.>Ak
appropriate by offering the land to tender within
>z `h xªq A. A. (.
fifteen working days, cause the respect of his right
2. ?@2 A@ *n& AKo
pursuant to Art.24 (3) of the proclamation
A 24 /3/ >-A=>2 -] -&e
(i.Q&nA Z`D,
7. A\ /6/ -] (@ -TE K 7. The minimum tender price, pursuant to Sub-Art. 6
(-Y ' -& -a3 K ED of this Article shall be the result obtained through
=R@2 K >4| (iªq the addition of land lease right sale price and the
8. A /7/ (>-A=>2 (R@ 8. Construction assessment specified under Sub-Art. 7
AR& A2 Ax, , `T of this Article hereof shall be the assessment to be
1. AKo A 24 /7/ >-A=>2 -] 1. Pursuant to Art. 24 (7) of the proclamation if any
-Y (Hn (i-
n person transfers his leasehold right three times
A*ª #R, R@ =-}-{ HZ within three years prior to commencement of
2. EJ >,× @ l4 >× suspension period by violating the suspension, he
=>ª =@2 >]
A@ shall be cancelled from the tender and the money
he offered for bid bond shall be deposited to the
*.=$ .u2 u& A-. z
government as well as the suspension shall be
(i4 =-`c Z ' @
extended for additional one year.
EBZ>k A>*$ AI - EJ
(iu Z`D,
@[ R@ ^ -Y (' below half-construction is undertaken to the third
-& H4.>X H #.>,k AR& party, the appropriate organ shall determine
transferring price of the right on the basis of
A2 Ax, -&e (i>Ak K
lease right sale price.
(iH.T2 ' -& -a3 K -]
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23 • 5 2004 . Zikre-Hig Gazette No, 23, 11
th
Day of September June, 2012, P a g e -61
Z`D,j
2. (' -& -a3 K (iH]T2 ?@2 2. Lease right sale price shall be determined on the
>A^ AxRz A2 (Hne =k>X average result obtained through the addition of
(@ K ED -Ye 4 #, current highest bid price of the locality in which
ARA-&e (>A^ K >4| ED the land is transferred and the price of the land
previously transferred to the lessee and divided
AvA >xkG ih2 A*xZ 2£
by two.
Z`D,
3. º A-Ye (]Qq K A /2/ 3. If the price which a purchaser offered for the land
-] =>ª2 A*x¢ 2£ E, is found to be equal or above of the average
HZ (i, `h z¢ (*.>A¶ result obtained pursuant to Sub- Art. 2 of this
l4e AR& RA2 Ax, >RZT regulation, the transferring process shall be
accepted by the appropriate organ.
ZhK,
4. º K R,]Q vw@ (' -& 4. In a condition that no price is offered by the
*.>A K2 (A*xZ 2£e) purchaser, the leasehold right transferring price
A /2/ (>Q]2 >RZT (average result) specified under Sub-Art. 2 of this
5. A /2/ -] A*xZ 2£e 5. If the average result pursuant to the provision of
ARA-&e -Ye 4 #, =>A^ Sub-Art. 2 of this Article is below the price of
K @[ =`T AR& A2 Ax, =vAe which the land was transferred to the lessee
>4*$[ >EA2 (-a3 K2 previously, the appropriate organ shall determine
better sale price of the two additions.
ZH.D,
6. A /3/ (>-A=>2 E4>Q 6. Without prejudice to the provisions of Sub-Art. 3
`h º2 (]Qq K =>ª2 A*xZ of this Article, if the price offered by purchaser is
K @[ =`T AR& A2 Ax, A*xZ below the obtained average price, the appropriate
2£e -TE *I ?@2 A@ organ shall present the land for tender
benchmarking the average result.
(i
2 Z`D,
.A-Q Contribution
1. *X2 (' RAZ@ AKo A 24 1. Any lessee may, pursuant to the provision of
-] R@ =-}-{ (' Article 24 of the proclamation, use his leasehold
-&e K.D A*. HZ (=^A2 right as collateral prior to commencement of
nI- k xÌ@, A.>KOT construction or use the down payment he has
2. *X2 RAZ@ A /1/ -] 2. Where any lessee uses his leasehold right as
K.D *. (i[A2 =' (nIi collateral in accordance with Sub-Art.1 of this
k2 HZ =nIi k2 >*$ Article, the collateral shall be only the remaining
(=^A =`T =k -Qc Z AKo amount of balance of his down payment or of the
A 22 /3/ - '4 (i[p paid amount if he has already paid additional
payment other than the down payment after
>DÛ[ @.2 i2 (u& -Q
considering possible deductions to be made
Z &b Z`D,
pursuant to Sub-Art. 3 of Art. 22 of the
proclamation.
3. A /2/ - (' -&e 3. The provision specified pursuant to the law shall,
K.D .u ]2 (K.D @2 due to violating his collateral obligation, be
RA-H
e -] (>-A=>2 implemented on a person who has used his
(i^
Z`D, leasehold right as collateral
1. *X2 (' RAZ@ *X2 4~ 1. Any lessee may use his lease right of the holding
Z R@ ^ Z@ (' -&e on which a construction at any level is attached as
k2 HZ =nIi k2 >*$ collateral shall be only the remaining amount of
k (^
- =`T =^A2 -Q Z balance of his down payment or of the paid amount
if he has already paid additional payment other
AKo A 22 /3/ - '4
than the down payment after considering possible
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23 • 5 2004 . Zikre-Hig Gazette No, 23, 11
th
Day of September June, 2012, P a g e -63
3. A /2/ -] -Ye Z 3. The appropriate organ shall provide lease right
A2 (' -& -Q -~ AR& amount information of the land pursuant to the
A2 Ax, (i] #` (R@ K provision of Sub-Art.2 of this Article hereof and
e K.D (iZu2 Ax, _ T construction price assessment shall be the
responsibility of an organ who uses it as collateral.
Z`D,
4. Z@2 K.D (iZu2 Ax, 4. An organ who pledges the holding as collateral
(&e ED 42 (u& shall notify the assessment of the property and the
-Q EB2 Ai-u2 Ax, vk money he has loaned to him to the register organ in
5. = 4& -2
K.D (>« 5. Leasehold right rights used as collateral prior to the
(' -&m[ 4 =¤4 }| issuance of this regulation shall be carried out on
AAI - &b I"2 A] the basis of previous working procedure only for
-] (i^
s Z`D, the period of one year as of the date the ratification
the regulation.
6. A /5/ (>-A=>2 E4>Q 6. Without prejudice to the provisions of Sub-Art. 5
`h -çT (>u (' EB A of this Art. hereof, where the holding which is
Z@ >AZ R@2 r HZ made as collateral and has lease debt, especially
R,>4T (,* <[ HZ proclamation provided, however, that regarding the
A,Gm[ (' u- >-A=> ,p lease period of development activities or services
which is not definitely provided for, it shall be
-.>BI
xzw H4 (iH] Z`D,
decided by the council of regional cabinet in the
future.
50. (' 2, EI 50.Renewal of Lease Contract
1. (' u- EID (EI A^f¤ vw@ 1. Renewal of lease period and its execution shall be in
AKo A 19 >-A=>2 - accordance with the provision of Art. 19 of the
Z`D, proclamation.
A. ?@2 A& n #^A ED B. where the land is required for public interest; and
. TR{ ,* ?@2 iQZ2 (,* C. Where the lessee in unable to change the previous
4~ A-(
RA Z@q (*Z[, #` development with the development which the land
so required.
51. (A
(' q, EI 51. Renewal of Lease Contract for Short-
term
1. (A
' 2, ?@2 A ,* 1. The land may be renewed for the period of short-
(*Z^A -`c AR& RA2 Ax, term where the appropriate organ ascertains that
# AAI &b '@4. the land is not required for another development,
Z[,d`h (2, EIe =A. provided, however, that the renewal of the
contract shall not exceed five years. Particular
- ', AZ[,
{
shall be determined by a directive.
--$ ZH]D,
2. A*.@HS ]B -= (>^4 ?@ 2. With regard to the land permitted for erecting
>-A=> ?@2 (*Z^AD ( notice board, the land shall be renewed from time
E(>Q ( 2 '@4. Z[,d required and does not cause any obstruction on
traffic.
52. (' 2, .A* ED x 52.Termination of Lease Contract and
A=^, Payment of Compensation
1. (=>* ?@ (' Z@ AKo A 25 1. Where the lease holding of urban land is
/1/ /_/ - # >z2 HÆD terminated pursuant to the provision of Sub-Art.
-3 > (' k2 ARA-&e 1(A) of Art. 25 of the proclamation, the lease
>-
AI - RA2 2. ?@2 Z proclamation, the lessee shall hand over the land
]^2 & (* -&e to the appropriate body by removing the property
situated on the land, having used his right to
-Q &e * ?@2
remove same, within one year.
AR& A2 Ax, -, *.=&
AA
4. RAZ@2 A /3/ >-A=>2 4. The appropriate body may take over the land
( 4& 2. >]Qq -& without any payment for the property where the
>Qn" &e xT AR& A2 lessee has failed to remove the property within
Ax, A&e k Z^ ?@2 the period of time set forth under Sub-Art. 3 of
this Art. and may order the police where it finds
'H.42 Z[, AA^f¤s A.^
necessary for the enforcement of the takeover.
`h #ª2 U'. *u Z[,
53. .A=>* ?@ *.AnD (x B[ 53. Clearing of Urban Lands and
ZR¢ ]i R¦ Compensation Cases Appellate Tribunals
1. AKo A 30 /1/ -] vp 1. Clearing of urban lands and compensation cases
(,p =>"[ 2. (=>* ?@ appellate tribunals shall be established in all
- 6 6 -
23 • 5 2004 . Zikre-Hig Gazette No, 23, 11
th
Day of September June, 2012, P a g e -66
*.AnD (x B[ ZR¢ ]i R¦ regional cities in accordance with Sub-Art. 1 of
E! Z4, Art. 30 of the proclamation.
2. AKo (>]Q2 .,
D >R
2. Without prejudice to powers and duties vested to
E4>Q `h ZR¢ ]i RÀ2 H4 it by the proclamation, the appellate tribunals
=>* A.>B4 ,, >QAp (Q shall have the power to decide on clearing land
AxRz[ HZ [ iT¿ (?@ and compensation cases of rural areas and
Kebeles included into city administration
*.AnD (x B[ Z (-H]
boundary.
<,
ZhK,
54. A/e@ *n&D 2£e 54. Lodging of Complaint and its Effect
(=>* ?@ =*.An
>Zu2 With regard to complaints to be lodged relating to
(i
A/e@[ ED >] 2w[ clearing of urban lands and appeals of to be lodged
Z (i ZR[ >-A=> AKo against decisions rendered thereto, it shall be carried
A 28d 29 ED 30 -] (i^
out pursuant to Art. 28, 29 and 30 of the
proclamation, and particulars shall be determined by a
`h
{ --$ ZH]D,
directive.
55. (=>* ?@ (*.An E¡ A]
55. Serving of Clearing Order Urban Land
1. Z >R
A-^
.,
(>]Q2 1. An organ vested with power to discharge this
Ax, (*.AS E¡ Ók duty shall serve a warning order in writing to the
ARAZ@2 Z]
,d 2 *X2 possessor and the time may, in any way, be less
2. A /1/ -] (i]Q2 E¡ 2. An order or warning given pursuant to Sub-Art. 1
HZ *.QS i=>A2 AR& of this Art. shall be communicated with the
(*.@HS ]B ED & of same the notice board and public gathering
places by the appropriate body.
i]]&Rt2 ?@[ Z E!AQk
Z4,j
. = Z 4, >/A/ -] C. A warning to be affixed pursuant to the above
provision shall be considered as it were
- 6 7 -
23 • 5 2004 . Zikre-Hig Gazette No, 23, 11
th
Day of September June, 2012, P a g e -67
3. E¡ (iA2 Z@ (-. & 3. If public property is situated on the holding to be
(]^ =`T AKo A 27 /3/ ED /4/ cleared by order, it shall be carried out pursuant
ETv - (>=DHc <[ activities performed accordingly before the coming
into force of this regulation shall be valid and
T@t2 >Q&¼ >^fiT@t2
remain intact.
Z,
2. Z 4&
I¼ . Z =-Kp 2. Lands offered in any lawful means before the
*X2 -I A>] ?@[ ratification and enactment of this regulation may,
4 A 36 /3/ ED A 38 /3/ without affected by commencement and completion
>]Q2 (R@ -}-$ ED of time limit specified under the provisions of Sub.
Art. 3 of Art. 36 and Sub-Art. 3 of Art. 38 of this
*QDS 4& ZH]c
regulation, be given as deemed necessary additional
E4A.^Te >*$ (R@
construction commencement and completion period
-}-$D *QDS AR& RA2
of time. Particulars shall be determined by a
Ax, ']
t2 Z[,
{ A^
directive.
--$ (iH] Z`D,
57. (z|2 <,
D >R
57.Powers and Duties
z|2 (i=>p <,
D >R The Bureau shall have the following powers and duties:
Zh{@,-
1. Z 4& vp ,p (i =>"[ 1. Follow up and supervise over proper
- 6 8 -
23 • 5 2004 . Zikre-Hig Gazette No, 23, 11
th
Day of September June, 2012, P a g e -68
*KG[ H
,d
3. ,p Ai =>"[ (An R@ 3. Provide capacity building support to the cities
Ik 4
, ED within the region;
58. n
58. Penalty
1. Z 4& ED 4& - (H 1. any officer or employee who is in charge of
--$[ A*.^¤ (>-4 *X2 implementing this regulation and directives issued
Ö HZ >X >z ,`T n pursuant to this regulation with intent to obtain for
himself or to procure for another person undue
A¿ HZ A ]2 A*.ª *]&j
advantage:
_. 4& =>4T2 qÆ (=>* ?@ A. permits an urban land in contravention of the
(^4j provisions of this Proclamation;
-. U. A = 4, _ E.= D. commits the offences specified under the
(>-A=e m[ t,>¢T provisions from A up to C of this Sub-Art. above
=^¤-j negligently;
2. *X2 ]2 Z 4& HZ 4& 2. Any person in violation of the provisions of this
-] (H --$[ ->Ak regulation or directives issued pursuant to this
3. (=>* ?@ ' @ (iHB4 *TX2 3. any bidder of urban land lease tender who presents
>^fiT AZh2
61. 4 (i¤D 61.Effective Date
Z 4& ,p -. 1
This Regulation shall come into force as of the date of its
@" =H
}| (¤D Z`D, publication on the Zikre Hig Gazette of the Regional
State.
R
B
Done at Bahir Dar