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Kate Fairlie: Land Equity International

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Presentation on theme: "Kate Fairlie: Land Equity International"— Presentation transcript:

1 Kate Fairlie: Land Equity International
Costing and Financing of Land administration Services (CoFLAS) Challenges in Implementation Kate Fairlie: Land Equity International Tony Burns: Land Equity International Rebecca Ochong: UN-Habitat Global Land Tool Network

2 CoFLAS: Challenges in Implementation
CONTENT Overview of the CoFLAS tool Steps taken to pilot Challenges of piloting CoFLAS Case studies on piloting – STDM and LBF Next steps Key Objective: An understanding of CoFLAS and input from audience on what is required to support a pilot.

3 CoFLAS: Challenges in Implementation
CoFLAS Rationale All well established LAS have evolved over long periods Policy-makers in developing countries aiming for ‘modern’ systems in shorter timeframe LAS reform projects typically have long timeframes, large investments Governments and DPs need to prioritise their investments Support Fit-for-Purpose Land Administration Implementation

4 CoFLAS: Challenges in Implementation
CoFLAS Objective ‘Tool’ Budget the cost of, and how to finance, land administration services establishment/modernization/reform Enabling government agencies to provide cost effective, efficient, sustainable and affordable services. Methodology supports an incremental process where appropriate Promotes cost recovery, but without compromising quality of services provided and limiting access to services especially of the poor and vulnerable.

5 CoFLAS: Challenges in Implementation
So what does Coflas look like? Four stages: STAGE 1: READINESS ASSESSMENT The initial investigation of: The policy, legal and institutional context Estimation of the scope of any LAS reform initiatives Demonstration of knowledge of key issues STAGE 2 ESTABLISHMENT COST ASSESSMENT Estimating the resources/cost in establishing a comprehensive LAS STAGE 3: OPERATIONAL COST ASSESSMENT Estimating the likely costs in running a LAS STAGE 4: LIKELY REVENUE ASSESSMENT Estimating the possible LAS revenue

6 CoFLAS: Challenges in Implementation
So what does Coflas look like?

7 CoFLAS: Challenges in Implementation
CoFLAS report

8 CoFLAS: Challenges in Implementation

9 CoFLAS: Challenges in Implementation
So what does Coflas look like?

10 CoFLAS: Challenges in Implementation
Table 1.1 Existing Rights Recognized by Law Name of Right Legal Basis (specify law) Can be upgraded to (specify if appropriate) Term of Right Rights (Y or N) Comments/Elaboration Perpetual Fixed Sale Inherit- ance Mortg. Sub-Divide Develop Other (specify) Term (yr) Basis for Extension

11 CoFLAS: Challenges in Implementation
Table 1.2 Key Policy Information Question Response Does a National Land Policy exist? Are urban and rural policies integrated? What levels of administration exist in the country, and how many units are there at each level? At what level are land registration services provided to the public and how many offices have been established at this level? Is there a policy that land registration services be provided at a particular level of administration? Is the registration system deeds registration or title registration? If title registration, does the state guarantee title? Are strata titles (condominium, unit titles) recognized under the law? Can a right be registered without a survey plan? Does adverse possession of land lead to formal rights? What procedures exist for the adjudication of rights? Does the law permit systematic registration? How are boundaries monumented? In a dispute over boundaries, which are more important, boundary monuments or registered survey plans or coordinates? Is there a legal requirement that land parcels are surveyed? Are cadastral surveys connected to the national geodetic control network? Can land parcels be defined on the basis of maps? Do cadastral surveyors have to be registered? If so, what is the process of registration and what body manages the registration process. ……..

12 CoFLAS: Challenges in Implementation
EXAMPLE TABLES

13 CoFLAS: Challenges in Implementation
Table 1.8 – Decisions on Service Delivery Question Response Is there a clear policy on service delivery, particularly as regards time and cost? If BPR has been undertaken, has the BPR process been used to rationalise the number, structure and content of the forms and records? What processes are in place to receive and handle customer complaints? Has the schedule of fees and charges been reviewed to ensure that the charges are affordable to all sectors in society?

14 CoFLAS: Challenges in Implementation
Stage 2: LAS with Broad Geo. Cover Establishing a comprehensive LAS typically involves: Completing first registration Establishing a spatial framework for LA Establishing physical infrastructure to support LAS Implementing ICT to support LAS Capacity development Project management

15 CoFLAS: Challenges in Implementation
EXAMPLE TABLES

16 CoFLAS: Challenges in Implementation
Stage 3: Cost of running LAS

17 CoFLAS: Challenges in Implementation
Table 3.2 – Summary of Annual Major operational Costs Activity Reference Cost/Year Cost of office rent (if applicable) From Tables 2.11 and 2.14 in Annex 2. CORS operating costs Item 6 in Table 2.6 in Annex 2 Cost of HRSI Annual program based on cost/km2 in Table 2.6 in Annex 2 Software maintenance/upgrades From Table 2.13 in Annex 2 Survey equipment maintenance Internet connection From Table 2.14 in Annex 2 ICT equipment maintenance, desktop support Other Total

18 CoFLAS: Challenges in Implementation
Stage 4: Estimating Revenue

19 CoFLAS: Challenges in Implementation
Table 4.2 – Estimated Turnover Rate and Tax Rate for Transfers Administrative Area Land Properties Condominiums Total Estimated Annual Tax Urban Rural No. Ave. Tax Rate Total Table 4.2 – Estimated Turnover Rate and Tax Rate for Transfers Low market activity with a high transfer fee Moderate market activity, with average transfer fee High market activity with average transfer fee Transfers are not permitted Other [specify] Expected annual turn-over (as percentage of properties 3% 6% 10% Either, expected fee per transfer as % of value, or 8% 5% Expected fixed fee per transfer

20 CoFLAS: Challenges in Implementation
Steps taken to Pilot Awareness Raising: Validation Workshop held in Bangkok, October 2014 Presentations made to FIG events in Malaysia (May 2014) and Bulgaria (May 2015) Presentation and Masterclass held at WB meeting 2015 Presentation to Africa Land Policy Conference Addis Ababa (November 2014) Project Initiation Visit to Tanzania November 2014 Documentation CoFLAS for Developing Countries Framework for Implementation

21 CoFLAS: Challenges in Implementation
Insights from other pilots - STDM Social Tenure Domain Model is a specialisation of LADM Provides a standard for representing ‘people-land’ relationships independent of the level of formality, legality or technical accuracy Theory and Tool

22 CoFLAS: Challenges in Implementation
Insights from other pilots - STDM STDM was piloted in Uganda, implemented by SDI, alongside a larger project ‘Transforming the Settlements of the Urban Poor in Uganda (TSUPU) facilitated by the Ministry of Land, Housing and Urban Development The pilot had the objectives: 1. To address the land information requirements of the urban poor 2. To build capacity in the use and application of land information systems 3. To create dialogues between communities and authorities

23 CoFLAS: Challenges in Implementation
Insights from other pilots - STDM Lessons learned from piloting STDM: Partnerships, local ownership and linkage to an existing project were critical to success Capacity development is a catalyst for sustainability – and takes time External support was required to get going Scepticism can improve the tool Considering scaling from start-up Need a series of different pilots to really refine the tool

24 CoFLAS: Challenges in Implementation
Insights from other pilots – land based finance for governments tool Land Based Financing is a collective name given to a range of instruments which local governments can use to expand their revenue base and better deliver services and infrastructure Insights to this tool are based on a training held in Manila, Philippines in December 2015 Core objectives of the training were: 1. Achieve a greater awareness, understanding and implementation of the benefits and risks of land-based finance. 2. Help participants to define instruments suited to their country/city and adapting these to context 3. Facilitate articulation of next steps necessary for implementation

25 CoFLAS: Challenges in Implementation
Insights from other pilots – land based finance for governments tool Participants at the training identified the following challenges for its implementation: Lack of information or awareness of stakeholders/implementers Lack of experience/training/capacity Landowner resistance (eg. property taxation) Lack of political will Lack of facilitating policies, regulations, laws Weak governance for implementation Lack of accurate/appropriate data Weak compliance/enforcement Insufficient or inappropriate hardware, software or infrastructure

26 CoFLAS: Challenges in Implementation
IMPLICATIONS FOR COFLAS Achieve stakeholder confidence with the tool Eg. More practical and hands-on training Find linkages with existing projects Identify clear avenues for stakeholder participation Compartmentalise CoFLAS for to enable smaller/shorter piloting Link more closely with other STDM tools

27 CoFLAS: Challenges in Implementation
Recommended NEXT STEPS Develop and host a hands-on CoFLAS training (like STDM ToT) Identify a complementary project and country context Seek and provide a framework to manage ongoing ‘evidence’ updates Develop a web tool version for easy accessibility Revise CoFLAS framework to better compartmentalise tasks, make it clearer what datasets are required, best identify roles for all stakeholders

28 CoFLAS – Challenges of Implementation
NEED TO KNOW MORE? Kate Fairlie MASTERCLASS: 9am Friday 18th MC C2-131 HOW TO PILOT COFLAS?


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