LEGISLATION

Urban Planning Proclamation

(Proclamation No. 574/2008 )
BY ABRHAM YOHANNES ON JANUARY 23, 2011 • ( 9 COMMENTS )

PART ONE GENERAL PROVISIONS

PART TWO INITIATION AND PREPARATION OF URBAN PLANS

PART THREE PLAN APPROVAL, PUBLICITY, IMPLEMENTATION AND

REVISION

PART FOUR DEVELOPMENT AUTHORIZATION

PART FIVE LAND INFORMATION

PART SIX URBAN REDEVELOPMENT AND ITS DIMENSIONS

PART SEVEN DEVELOPMENT FREEZE AND LAND ACQUISITION

PART EIGHT ALLOCATION OF POWERS AND DUTIES

PART NINE MISCELLANEOUS PROVISIONS

WHEREAS, the proliferation of unplanned urban centers needs to be regulated and

guided by sound and visionary urban plans to bring about balanced and integrated
national, regional and local development;

WHEREAS, it is vital to create a favorable condition for public and private stakeholders
to fully participate in the process of urban plan initiation, preparation and implementation
on the basis of national standards;

WHEREAS, it is necessary to regulate the carrying out of development undertakings in

urban centers, contemplated both by public and private actors so that they will not be
detrimental to the general well being of the community as well as the protection of natural
environment;

WHEREAS, the existing laws on urban planning, due to their enactment by the unitary
system of government, lack in conformity with the prevailing spirit of decentralization
and therefore it has become necessary to replace them with a comprehensive legislation
which takes into account the federal structure of government and the central role of urban
centers in urban plan preparation and implementation;

NOW, THEREFORE, in accordance with Article 55 (1) of the Constitution of the Federal
Democratic Republic of Ethiopia, it is hereby proclaimed as follows
 PART ONE GENERAL PROVISIONS

1. Short Title

This Proclamation may be cited as the “Urban Planning Proclamation No. 574/2008”.

2. Definitions

In this Proclamation, unless the context otherwise requires:

1/ “Chartered City” means a city established by a charter issued by either the federal or
regional state legislature;

2/ “Compensation” means payment in cash, in kind or both pursuant to law of

compensation to a proprietor who suffers material loss as a result of urban plan
implementation and development activities;

3/ “Development Permit” means a written instrument granted by a chartered city or urban

administration upon request of an applicant, whether public or private, authorizing the
applicant to carry out development activities or modification thereof, within the boundary
of an urban center;

4/ “Expropriation” means an action exercised by a chartered city or an urban

administration to take any property for public purpose up on payment of compensation
commensurate to the value of the property;

5/ “Public Purpose” means, that so determined

as “public purpose,” by a chartered city or an urban administration in accordance with

this Proclamation, in order to continuously ensure the direct or indirect utilization of land
by people and thereby enhance urban development during the implementation of an
approved plan;

6/ “Regional State” means any regional state established pursuant to Sub-Article (1) of
Article 47 of the Constitution of the Federal Democratic Republic of Ethiopia;

7/ “Urban Administration” means an autonomous administrative structure established

with a view to rendering services of municipality in urban centers other than chartered
cities;

8/ “Urban Center” means any locality with established municipality or having a

population size of 2000 or above inhabitants, of which 50% of its labor force is primarily
engaged in non-agricultural activities;

9/ “Ministry” means the Ministry of Works and Urban Development

10/ “Person” means any natural or juridical person.

3. Scope of Application

1/ This Proclamation shall apply to all urban centers throughout the country.

2/ Notwithstanding the provisions of Sub-Article

(1) of this Article, the regional states may determine the progressive implementation of
this Proclamation depending on their respective local circumstances.

4. Objectives

This Proclamation shall have the following principal objectives:

1/ to establish a legal framework in order to promote planned and well developed urban
centers;

2/ to regulate and facilitate development activities in urban centers and thereby enhance
economic development of the country;

PART TWO INITIATION AND PREPARATION OF URBAN PLANS

5. Basic Principles

Any process of urban plan initiation and preparation in accordance with this Proclamation
shall comprise the following basic principles;

1/ conformity with the hierarchy of plans;

2/ sharing the national vision and standard as well as capable of being implemented;

3/ consideration of inter-urban and urban-rural linkages;

4/ delineation of spatial frame for urban centers in view of efficient land utilization;

5/ ensuring the satisfaction of the needs of the society through public participation,
transparency and accountability;

6/ promotion of balanced and mixed population distribution;

7/ safeguarding the community and the environment;

8/ preservation and restoration of historical and cultural heritages;

9/ balancing public and private interests;

10/ to be found ensuring sustainable development.

6. Physical Boundaries of Urban Centers

1/ Urban centers shall have their own distinct boundaries.

2/ The demarcation of boundaries between urban centers shall be made, where necessary,
by the concerned regional governments. The boundaries of chartered cities shall be
indicated in their respective charters.

3/ An urban center may be preferred and accorded a status of a growth center by the
concerned authority with the view to amalgamating its immediate surroundings for a
development cause regardless of its physical boundary as prescribed under this Article.
7. Hierarchy of Plans

Based on the national and regional development strategies and schemes the following
hierarchy of plans shall be considered:

1/ National urban development scheme;

2/ Regional urban development plan;

3/ Urban plans.

8. Types of Urban Plans

The following types of urban plans are hereby recognized:

1/ city wide structure plan; and

2/ local development plan.

9. Definition and Content of Structure Plan

1/ A structure plan is a legally binding plan along with its explanatory texts formulated
and drawn at the level of an entire urban boundary that sets out the basic requirements
regarding physical development the fulfillment of which could produce a coherent urban
development in social, economic and spatial spheres.

2/ Any structure plan shall indicate mainly the following:

a) the magnitude and direction of growth of the urban center;

b) principal land use classes;

c) housing development;

d)the layout and organization of major physical and social infrastructure;

e)urban redevelopment intervention areas of the urban center;

f) environmental aspects;

g) industry zone.

3/ Structure plan shall have an implementation scheme, which comprises the institutional
setup, resource and legal framework.

10. Period of Validity

Structure plans shall be valid for a period of 10 years from the date of approval.

11. Definition and Content of Local Development Plan

1/ A local development plan is a legally binding plan depicting medium term, phased and
integrated urban upgrading, renewal and expansion activities of an urban area with the
view to facilitating the implementation of the structure plan by focusing on strategic areas.
2/ A local development plan shall prescribe the functions, development objectives,
implementation strategies, role of implementing bodies, required institutions, local
economic dynamism, urban design principles, concrete standards, spatial framework,
budget and time of the implementation of a structure plan.

3/ Any local development plan shall state, as may be appropriate:

a)zoning of use type, building height and density;

b)local streets and layout of basic infrastructure;

c)organization of transport system;

d)housing typology and neighborhood organization;

e)urban renewal, upgrading and reallocation intervention areas;

f)green areas, open spaces, water bodies, and places that might be utilized for common
benefits;

g) any other locally relevant planning issues.

4/ A local development plan shall have a detailed implementation scheme which specifies
the institutional setup, resource and regulatory prescriptions needed for the
implementation in a concerned area.

12. Implementation Period

A local development plan shall be implemented within the validity period of the structure
plan.

13. Initiation of Urban Plans

1/ No process of urban planning preparation shall commence without prior identification

of needs to be addressed.

2/ Any interested governmental or other non governmental body shall have the right to
initiate a need to be considered during urban planning in such manners and procedures as
may be prescribed by law.

3/ Without prejudice to the provisions of Sub-

Article (2) of this Article, the initiation and authorization of an urban planning process
shall be formally made by chartered cities and urban administrations as well as the
concerned regional and federal authorities.

14. Power and Duty to Prepare and Review Urban Plans

Urban centers at all levels shall have the power and duty to prepare and review or cause
the preparation and review of their respective structure and local development plans by
certified private consultants or public institutions. Particulars shall be determined by law.
 PART THREE PLAN APPROVAL, PUBLICITY, IMPLEMENTATION AND
REVISION

15. Public Hearing

1/ The process of plan approval shall be preceded by public hearings to be conducted at

a convenient location.

2/ Such processes and hearings shall be transparent and adequately communicated to the
public at large, particularly to the kebele councils and community based organizations.

3/ The relevant suggestions and objections shall be taken up as inputs to rectify the plan.
Particulars shall be determined by law.

16. Approval of Urban Plans

1/ The final draft of structure and local development plans of urban centers shall be
deliberated upon and approved by their respective councils and communicated to the
concerned regional or federal authorities.

2/ Notwithstanding the provision of Sub-Article

(1) of this Article, a regional state or the federal government as may be appropriate, shall
have the power to suspend an approved plan which does not comply with the basic
principles of urban planning stipulated in this Proclamation.

17. Publicity of Approved Plans

1/ Chartered cities and urban administrations shall, by any means of communication,

widely familiarize the public with the approved structure and local development plans.

2/ Chartered cites and urban administrations shall also make available approved plans to
interested parties.

18. Urban Plan Implementation

There shall be clear strategy, regulations, directives and organized executive organs to
support the implementation of urban plans.

19. Responsibilities for the Implementation of Urban Plans

Every chartered city or urban administration shall, in accordance with the regulations to
be issued pursuant to this proclamation, be responsible for the implementation of structure
and local development plans.

20. Power to Implement Urban Plans

Every chartered city or urban administration shall, in the implementation of urban plans,
have the powers to:

1/ inspect and stop any development activities if they are against the structure and local
development plans;

2/ dispossess urban land holdings against paying compensation;

3/ coordinate, to the extent necessary for the implementation of the plan, the activities of
government offices, development enterprises, service rendering institutions, private
undertakings and other stakeholders operating within the area.

21. Payment of Compensation

Any urban landholder whose land holding is dispossessed as a result of implementation

of urban plans shall be paid compensation, pursuant to the relevant laws.

22. Revision and Modification of Urban Plans

1/ Approved urban plans shall be revised upon the expiry of their validity or
implementation periods.

2/ Notwithstanding the provision of Sub-Article

(1) of this Article, urban plans shall be revised before the period of validity or
implementation, if the need arises.

3/ Approved urban plans may be modified with regard to a portion of an urban center
where the need arises.

23. Powers and Duties to Revise and Modify Urban Plans

Urban centers shall have the power to revise and modify or cause the revision and
modification of their respective plans. Particulars shall be determined by law.

PART FOUR DEVELOPMENT AUTHORIZATION

24. Definition

In this proclamation, except where the context otherwise requires, the term
“development” means the carrying out of building, engineering works, mining or other
operations on or below ground, or the making of any substantial change in the life of any
structures or neighborhoods.

25. Prohibition

1/ No development activity may be carried out in an urban center without a prior

development authorization.

2/ Chartered cities or urban administrations shall take appropriate measures if a

development activity is carried out without development authorization.

26. Underlying Principles

The following principles shall be adhered to in any process of development authorization:

1/ ensuring economical and sustainable use of land;

2/ ascertaining the support of environmental impact assessment study with respect to

development projects likely to have major environmental repercussions;
3/ provision of basic infrastructure during land allocation for development in conformity
with urban plans.

27. Application for Development Permit

Any developer desiring to commence a developmental activity in an urban center shall

apply for a development permit.

28. Issuance of Development Permit

1/ The concerned chartered city or urban administration shall, upon satisfaction of the
development principles requirements, issue the development permit.

2/ Development works that may require additional authorization, such as building permit,
shall be combined in the permit process and be given to the developer as one permit.
Particulars shall be determined by law.

29. Rejection of Application for Development Permit

An application for a development permit may be rejected in one of the following reasons:

1/ the proposed development plan is not in harmony with the approved plan of the urban
center;

2/ the development is likely to have a negative impact on the environment and generally
to the public in the area;

3/ the development is not in accordance with any other condition as may be specified
under regulations to be issued pursuant to this Proclamation.

30. Period of Validity

Development permit granted in accordance with this Proclamation shall remain valid for
a period as may be prescribed by chartered cities and urban administrations.

31. Suspension of Development Permit

1/ No development permit granted to a developer may be suspended except by the

chartered city or urban administration issuing the permit.

2/ The reasons for and conditions of such suspension shall be determined by law.

32. Demolition Permit

1/ Demolition of any structure or neighborhood in an urban area shall require permit.

2/ In the case of distinct and unique structures, no demolition may be authorized unless
the action is so approved in writing by the regional or federal authorities concerned.

3/ Detailed conditions, procedures and fees with respect to the issuance or denial of such
permit shall be specified by law.

33. Certificate of Conformity

1/ The compliance of the development authorization shall be confirmed by a certificate
of conformity to be issued by the chartered city or urban administration concerned upon
request by the developer.

2/ The conditions and procedures of granting or denying the certificate of conformity shall
be specified by law.

34. Payment of Fees

The chartered city or urban administration may charge appropriate fees in respect to the
issuance of development authorization or demolition permits as well as certificates of
conformity. Particulars shall be determined by law.

PART FIVE LAND INFORMATION

35. The Right to Land Information

Any interested party shall be entitled to have information as to the development of a plot
of land in the jurisdiction of an urban center.

36. Certificate of Land Information

1/ Land information certificate may be granted up on request to a plot of land under the
jurisdiction of urban centers.

2/ Any certificate of land information shall contain the following particulars:

a) the status of a plot sought with reference to urban plan regulations and land use;

b) the state of existing and proposed public utilities as well as public utility easement
obligations;

c) information related to the tax or rent applicable to the plot;

d) soil type, seismic as well as flood risks and any other particulars, as deemed

necessary, if the required information or data is available;

3/ Notwithstanding the provision of Sub-Article

(1) of this Article, the certificate may not be granted with regard to plots classified under
security domain and other areas to be specified by law.

37. Requirement of Prior Consent

No certificate of information regarding urban land involving an airport and other national
and international infrastructures, cultural heritage sites as well as archaeological and
tourism zones may be issued without having the prior consent, in writing, of the
authorities concerned.

38. Period of Validity

The certificate of land information shall remain valid for the period to be specified by
law.
39. Payment of Fees

The chartered city or urban administration may charge appropriate fees with respect to
the issuance of land information.

PART SIX URBAN REDEVELOPMENT AND ITS DIMENSIONS

40. Scope of Redevelopment

1/Urban redevelopment shall, under this Proclamation, encompass urban renewal,

upgrading and land reallocation with the view to alleviating urban problems, improving
living standards and bringing about urban dynamism and efficient land utilization.

2/ Urban centers shall be redeveloped and revitalized on the basis of the prescriptions of
the structure and local development plans with the initiation of their respective
administrations, inhabitants or developers

41. Urban Renewal

Urban renewal shall, pursuant to this Proclamation, be construed as an undertaking aimed

at improving the living and working environment in an urban center through fully or
partly removing dilapidated, blighted or derelict structures in an urban center.

42. Carrying out and Administration of Renewal

1/ Urban renewal shall be planned and executed depending on a specified spatial frame
indicated in the structure and local development plans with sufficient justification.

2/ The residents of an area where urban renewal is to be carried out shall be informed and
consulted prior to the implementation of the renewal.

3/Urban renewal shall be executed and administered by the pertinent chartered cities or
urban administrations with due care and the necessary support from the regional and
federal governments.

4/ The conditions and procedures in which renewal is to be implemented shall be

determined by law.

43. Urban Upgrading

Urban upgrading shall, pursuant to this Proclamation, consist in an improvement of the

living and working environment of slum areas by maintaining and partially removing of
structures and through the provision of infrastructures and amenities.

44. Execution and Administration of Upgrading

1/ Urban upgrading shall be executed and administered by the concerned chartered cities
or urban administrations in conformity with the prescriptions of structure and local
development plan.

2/ Urban upgrading shall strive to improve not only the physical environment but also the
socio-economic status of the residents.
3/ The conditions and procedures in which upgrading is to be implemented shall be
specified by law.

45. Reallocation of Land

1/Reallocation of land shall, under this proclamation, consist in plot sub-division and re-
adjustment so as to create plots suitable in terms of accessibility, size, location and
provision of basic infrastructure as well as ensure efficient and economical land
utilization.

2/ No reallocation shall be executed for the purpose other than optimization of land
resource for public purpose in an urban center.

46. Compatibility

Any contemplated reallocation scheme shall be compatible with the land use plan of an
urban center.

47. Carrying Out and Administration of

Reallocation

1/ Reallocation of land shall be carried out and administered by the concerned chartered
cities or urban administrations.

2/ The specific conditions and procedures of reallocation of land shall be determined by

law.

PART SEVEN DEVELOPMENT FREEZE AND LAND ACQUISITION

48. Development Freeze

Development freeze shall, under this proclamation, constitute a legal instrument by which
a chartered city or urban administration may temporarily stop the development of an area
or plot of land in case of preparation, revision or modification of urban plans.

49. Conditions of Development Freeze

The chartered city or urban administration shall have the power to introduce development
freeze under the following conditions:

1/ When development or demolition is likely to impede the implementation of the urban

plan being prepared, revised or modified;

2/ When development is likely to increase the value of property, and consequently affect
any future action of expropriation in the case of change of land utilization.

50. Prohibition

1/ No development or demolition permit may be granted for an activity in an area under

development freeze pursuant to this Proclamation.

2/ Notwithstanding the provisions of Sub-Article

(1) of this Article, chartered cities or urban administrations may issue a development
permit or authorize the applicability of existing permit for essential development projects
if they are of the belief that such development is not to substantially affect the
implementation of the plan being prepared, revised or modified thereof. Particulars shall
be determined by law.

51. Period of Application

Subject to a maximum time frame determined by regulations, development freeze shall

apply until such time that the preparation, revision or modification of the urban plan is
finalized.

52. Land Acquisition and Reserve

Urban centers at all levels shall, under this Proclamation, have the rights and duties to:

1/ land to be used or reserved for development activities of public purpose;

2/ land reserve related to the uncertainty of urban planning and the implementation
process.

53. Categories of Land Reserve

Land reserved pursuant to this Proclamation shall comprise the following categories:

1/ land to be used or reserved for development activities of public purpose;

2/ land reserve related to the uncertainty of urban planning and the implementation
process.

54. Conditions of Land Acquisition and Reserve

The right of chartered cities or urban administrations to dispossess holders in case of land
acquisition and reserve for public purpose may be exercised in accordance with relevant
laws. Particulars shall be determined by law.

PART EIGHT ALLOCATION OF POWERS AND DUTIES

55. Powers and Duties of the Ministry

The Ministry shall, in the implementation of this Proclamation, have the powers and
duties to:

1/ prepare, in collaboration with the concerned federal government organs, the national
urban development scheme;

2/ oversee and follow-up as to whether urban plans are in conformity with this
Proclamation and thereby ensure balanced and integrated urban development in the
country;

3/ provide technical and capacity building support with respect to urban plans for regional
urban centers and urban centers accountable to the federal government;
4/ follow up and evaluate at the national level, the over all implementation of development
authorization regulations;

5/ collect and organize information relating to urban plans and make the information
available to those interested groups;

6/ develop criteria for licensing and grading of consultants and issue certificates of
competence to grade one consultants engaged in the preparation of urban plans.

56. Powers and Duties of Regional States

The Regional States shall, in the implementation of this Proclamation, have the powers
and duties to:

1/ initiate and develop regional urban development plans in conformity with the national
urban development scheme;

2/ follow up, evaluate and ensure the proper implementation of urban plans;

3/ coordinate and integrate development efforts involving two or more urban centers
having regional impact.

57. Powers and Duties of Cities Accountable to the Federal Government

Cities accountable to the Federal Government shall, in the implementation of this

Proclamation, have the powers and duties to:

1/ prepare or cause the preparation of and implement structure and local development
plans in conformity with the national urban development scheme or regional urban
development plans as may be appropriate;

2/ follow-up, evaluate and ensure the proper implementation of urban plans;

3/ guide and regulate development activities in their respective jurisdictions;

4/ establish a reliable and systematized database with regard to urban land and immovable
property thereon and make the same available upon request.

58. Penalty

1/ Any person who grants permission for a plan which has not been prepared in
accordance with this Proclamation; or permits the implementation of any plan which has
been ordered to be rectified or to be suspended, before its rectification or approval by the
appropriate body to this effect, shall be punished in accordance with the regulation to be
issued in accordance with this Proclamation.

2/ Any person who implements a plan which has not been approved by the concerned
body or who implements a development plan which is not authorized or whose permit
has been suspended or which is ordered to freeze, shall be punishable in accordance with
the regulation to be issued pursuant to this Proclamation regardless of other measures to
be taken in accordance with this Proclamation.
 PART NINE MISCELLANEOUS PROVISIONS

59. Repealed Law

The Preparation and Implementation of Urban Plans Proclamation No. 315/1987 is

hereby repealed.

60. Inapplicable Laws

No law, regulation, directive or practice shall, in so far as it is inconsistent with this

Proclamation, be applicable with respect to matters provided for under this
Proclamation.

61. Effective Date

This Proclamation shall enter into force up on the date of publication in the Federal
Negarit Gazeta.

Done at Addis Ababa, this 16th day of May, 2008

GIRMA WOLDEGIORGIS

PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA