REMARKS BY THE HONOURABLE MAJOR GENERAL (RET’ D .) EDMUND DILLON, M.P. MINISTER OF HOUSING AND URBAN DEVELOPMENT OFFICIAL LAUNCH OF TENANCY POLICY LARGE CONFERENCE ROOM MINISTRY OF HOUSING AND URBAN DEVELOPMENT 2 nd Floor, HDC Building 44-46 South Quay, Port of Spain Wednesday, 17th June, 2020 10:00 a.m.
SALUTATION LIST ● The Honourable Clarence Rambharat, Minister of Agriculture, Lands and Fisheries ● Ms. Susan Shurland, Permanent Secretary, MALF ● Ms. Simone Thorne-Mora, Permanent Secretary, MHUD ● Ms. Balmatie Seecharan, Commissioner of State Lands, MALF ● Mr. Ossley Francis, Chairman of the LSA ● Mr. Hazar Hosein, CEO, LSA and Divisional Heads, LSA ● Ms. Lorraine Heath, Corporate Secretary, LSA ● Members of the Media 1
Good morning and welcome to the Official Launch of the Tenancy Policy. This is an important development in the administration’s thrust to provide shelter solutions, to improve the living conditions and circumstances of low and lower mid- income families. We are aware, that today many households illegally occupy State Lands. This has led to a proliferation of unplanned settlements with all their attendant issues. These unplanned settlements can cause havoc on the environment, displacing the natural biodiversity we all depend on for survival. They can also contribute to perennial flooding as well as placing additional stress on the country’s physical and socioeconomic infrastructure. The lack of safe, hygienic practices would also have a deleterious effect on the health and well-being of those who live within and around these communities. We also have the situation where scam artists go around profiteering from the sale of State Lands to unsuspecting and vulnerable families. 2
● B ased on the LSA’s estimates , the number of persons illegally occupying State Lands have increased exponentially over the last twenty years at a rate of 1,000 persons a year, moving from approximately 68,000 persons in 1998 when the current Legislation was enacted to approximately 200,000 persons at present. ● The Squatter Regularisation Programme is one of the pillars of the S tate’s Housing Policy and involves both the securit y of tenure and infrastructural development of designated squatter communities. ● The mandate of the Land Settlement Agency as outlined in the State Land (Regularisation of Tenure) Act No 25 of 1998 is to provide security of tenure to persons who illegally occupied State Lands prior to January 01, 1998 and who would have registered for consideration for security of tenure by October 27 2000,. Under the provisions of the Act, the LSA is also the designated agency to implement infrastructural development of designated squatting communities . 3
● Since the proclamation of the Act, the LSA would have developed over 4,000 residential serviced lots with necessary infrastructure and approvals from the Town and Country Planning Division of the Ministry of Planning and Development. ● What we must understand is that while these lots form part of the informal settlements that have been developed by the LSA, only 25% of the occupants are for Certificates of Comfort, the first step in the process towards legitimacy of land ownership. ● The other 75% of persons occupying the lots would not have met the stipulated criteria, for a variety of reasons, and as such are unable to receive title for the land, under the Squatter Regularisation Programme. The Government has also not been able to recover the infrastructural costs expended on these lots. ● To address this anomaly, Cabinet in February 2020, approved a Tenancy Policy to guide the provision of security of tenure for certain categories of squatters/occupants, who have been in occupation of State Lands in the designated areas cited in the State Land (Regularisation of Tenure) Act No 25 of 1998 , as well as land settlement areas prior to June 14, 2014. 4
● This cut-off date was chosen since it was the most recent date in which aerial photography surveys were conducted in the country, and as such, a squatter’s claim to occupation prior to June 14, 2014 could be verified. ● The tenancies will only be given for lands that have been approved and developed for residential purposes and not lands located in environmentally sensitive areas or forest reserves, which must be protected at all costs. ● Under this Tenancy Policy, and using the powers vested in the Commissioner of State Lands under Section 6(2) of the State Lands Act, Chapter 57:01 and Section 5.9 of a “ New Administration and Distribution Policy for Land ” the Commissioner can grant fixed term or year to year Tenancy Agreements to occupants who are non-CoC holders in designated and land settlement areas, upon the advice of the LSA. ● These sites must have all the approvals for the execution of a Statutory Lease and must not be designated as an 5
environmentally sensitive area or a green belt area such as a forestry conservation. ● The Land Settlement Agency can then utilise its powers under Sections 14 and 15 of this Act to grant Statutory Leases for a term of thirty (30) years and Deeds of Lease for a term of one hundred and ninety-nine (199) years. ● During the thirty-year Statutory Lease period beneficiaries will be required to pay a subsidised price which has been approved in the new Land Pricing Policy. The price of the lots developed by the LSA would be based on forty percent (40%) of the market value as determined by the Commissioner of Valuations. ● However, any and all existing contractual pricing agreements entered into by the State or its agents and occupants in respect of any previously existing housing programme will be adhered to under the Land Pricing Policy ● Once the price of the land has been paid off in full, the beneficiaries will be entitled to receive the Deed of Lease for the property. 6
● This Policy will allow eligible occupants of State Lands who were not captured under the Act, to have a very real opportunity to receive Title to the lands and in so doing, own a valuable piece of real estate that can be a wealth creation asset. ● Let me caution. This is not a free card for persons to ‘grab lands’ for the purpose of squatting. Squatting is still illegal and this is not an invitation for citizens to think that they can occupy State Lands. ● My Government through the Ministry of Housing and Urban Development and its Agencies is committed to finding innovative ways to provide low to lower middle-income families from every walk of life with affordable housing and land solutions. ● This Government has always held the position that the provision of shelter is a vehicle for positive change and our housing policy, programmes, initiatives and plans are designed to ensure that no one or no community is left behind. 7
● As we continue to demonstrate our commitment to providing affordable shelter options for low to lower middle-income families, it is noteworthy that we have implemented this measure. ● I would like to take this opportunity to publicly thank and congratulate the Chairman, Board, the CEO and the entire LSA team in addition to the officers at the Ministry of Housing and Urban Development, who have played a vital role in the preparation of this Policy document. In particular, I wish to congratulate the CEO and Staff of the Land Settlement Agency for the successes achieved with the Squatter Regularisation Programme. ● In closing, let me assure you and the national community that the Ministry of Housing and Urban Development remains committed to ensuring that there is equity and transparency in its Policies governing the public housing sector .We will continue to re- assess the needs of our client base and stakeholders in order to provide solutions that are sustainable, accessible and affordable. ● Thank you and may God continue to bless our beautiful country of Trinidad and Tobago! 8
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