Law N° 2004/003 of 21 April. 2004 governing town planning in Cameroon
- Chapter II - Forecasts and town planning rules
- Section I - Common provisions
- Section II - Definition and preparation of town planning documents
- Paragraph I - The town planning master plan
- Paragraph II - The land use plan
- Paragraph III - Sector plan
- Paragraph IV - Summary town planning scheme
- Section III - Public easements affecting land use
Chapter II - Forecasts and town planning rules
Section I - Common provisions
Article 25: Urban planning documents shall determine the conditions for, on the one hand, limiting the use of space, controlling travel requirements, preserving agricultural activities, protecting forest areas, cultural heritage, natural or urban sites and landscapes, preventing natural and technological risks, as well as pollution and nuisances of any kind and, on the other hand, providing sufficient building space for economic activities and activities of general interest, as well as for meeting present and future housing and public facilities needs.
Article 26: Urban planning documents are:
- The Urban Master Plan;
- The Land Use Plan;
- The Sector Plan;
- The Urban Summary Plan.
Article 27: All urban planning documents include :
- A supporting report ;
- graphic documents
- Any annexes;
- Regulations.
Documents duly approved by the competent authority and made public may be invoked against any natural or legal person.
Article 28: As soon as a town planning document is prescribed, the Mayor must suspend the ruling on land use applications from the date of this prescription, and until the said document has been approved and made public. The postponement may not exceed two (2) years.
Article 29: Urban planning documents referred to in article 26 above are drawn up and revised in the manner and within the timeframe stipulated by decree.
Article 30: After deliberation by the municipal council(s) concerned, any urban planning document is approved' by the competent authority within sixty (60) days from the date of its transmission, in the forms and conditions defined by decree. After this period, the document is deemed to have been approved.
Article 31:
(1) Communes or groups of communes shall carry out studies for the preparation of urban planning documents under the responsibility of an urban planner registered with the National Order of Urban Planners, or shall have them carried out by an approved urban planning firm. However, where necessary, the local town planning departments or those responsible for urban issues, as the case may be, may be made available to the communes or groups of communes responsible for drawing up, amending or revising urban planning documents.
(2) The communes or groupings of communes responsible for drawing up urban planning documents are responsible for finding the necessary funding to cover the costs of studies and for drawing up urban planning documents.
(3) The conditions for the provision of local State services are defined by a specific agreement between the State and the municipality concerned. These agreements are concluded in the forms and under the conditions defined by the texts in force.
Article 26: Urban planning documents are:
- The Urban Master Plan;
- The Land Use Plan;
- The Sector Plan;
- The Urban Summary Plan.
Article 27: All urban planning documents include :
- A supporting report ;
- graphic documents
- Any annexes;
- Regulations.
Documents duly approved by the competent authority and made public may be invoked against any natural or legal person.
Article 28: As soon as a town planning document is prescribed, the Mayor must suspend the ruling on land use applications from the date of this prescription, and until the said document has been approved and made public. The postponement may not exceed two (2) years.
Article 29: Urban planning documents referred to in article 26 above are drawn up and revised in the manner and within the timeframe stipulated by decree.
Article 30: After deliberation by the municipal council(s) concerned, any urban planning document is approved' by the competent authority within sixty (60) days from the date of its transmission, in the forms and conditions defined by decree. After this period, the document is deemed to have been approved.
Article 31:
(1) Communes or groups of communes shall carry out studies for the preparation of urban planning documents under the responsibility of an urban planner registered with the National Order of Urban Planners, or shall have them carried out by an approved urban planning firm. However, where necessary, the local town planning departments or those responsible for urban issues, as the case may be, may be made available to the communes or groups of communes responsible for drawing up, amending or revising urban planning documents.
(2) The communes or groupings of communes responsible for drawing up urban planning documents are responsible for finding the necessary funding to cover the costs of studies and for drawing up urban planning documents.
(3) The conditions for the provision of local State services are defined by a specific agreement between the State and the municipality concerned. These agreements are concluded in the forms and under the conditions defined by the texts in force.
Section II - Definition and preparation of town planning documents
Paragraph I - The town planning master plan
Article 32 :
(1) The Urban Master Plan is a document which sets out the fundamental guidelines for the development of an urban area, the general land use and the planning of facilities.
(2) The graphic documents of the Master Plan shall be drawn up on a scale of between 1:20,000 and 1:25,000.
Article 33: The Urban Master Plan is drawn up for Urban Communities and for groups of communes whose development requires concerted action.
Article 34:
(1) The initiative to draw up an Urban Master Plan lies with the Mayor of the commune or group of communes concerned.
(2) The Urban Development Master Plan shall be prescribed by order of the Minister responsible for urban development or the Minister responsible for urban issues, as the case may be, under the conditions laid down by regulation. It shall be carried out under the authority of the Mayor of the Urban Community or grouping referred to in paragraph (1) above, in accordance with the requirements of general interest previously brought to the attention of the State.
(3) The Urban Master Plan studies are monitored by a technical steering committee, the composition and operation of which are laid down by decree. '
(4) The Urban Development Master Plan is approved by order of the Prefect of the department concerned, or by joint order of the Prefects of the departments concerned if its scope includes the boundaries of several departments, in accordance with the provisions of article 31 above.
Article 35: The consular chambers and the management bodies of the regional nature parks are consulted when drawing up an. Urban Development Master Plan, with regard to the preferred areas for siting and the scale of the industrial, commercial and craft facilities planned. The reports produced by these bodies are taken into account and, where appropriate, appended to urban planning documents.
Article 36: Local user associations are consulted, at their request, for the preparation or revision of an Urban Master Plan, under the conditions laid down by decree.
(1) The Urban Master Plan is a document which sets out the fundamental guidelines for the development of an urban area, the general land use and the planning of facilities.
(2) The graphic documents of the Master Plan shall be drawn up on a scale of between 1:20,000 and 1:25,000.
Article 33: The Urban Master Plan is drawn up for Urban Communities and for groups of communes whose development requires concerted action.
Article 34:
(1) The initiative to draw up an Urban Master Plan lies with the Mayor of the commune or group of communes concerned.
(2) The Urban Development Master Plan shall be prescribed by order of the Minister responsible for urban development or the Minister responsible for urban issues, as the case may be, under the conditions laid down by regulation. It shall be carried out under the authority of the Mayor of the Urban Community or grouping referred to in paragraph (1) above, in accordance with the requirements of general interest previously brought to the attention of the State.
(3) The Urban Master Plan studies are monitored by a technical steering committee, the composition and operation of which are laid down by decree. '
(4) The Urban Development Master Plan is approved by order of the Prefect of the department concerned, or by joint order of the Prefects of the departments concerned if its scope includes the boundaries of several departments, in accordance with the provisions of article 31 above.
Article 35: The consular chambers and the management bodies of the regional nature parks are consulted when drawing up an. Urban Development Master Plan, with regard to the preferred areas for siting and the scale of the industrial, commercial and craft facilities planned. The reports produced by these bodies are taken into account and, where appropriate, appended to urban planning documents.
Article 36: Local user associations are consulted, at their request, for the preparation or revision of an Urban Master Plan, under the conditions laid down by decree.
Paragraph II - The land use plan
Article 37:
(1) The Land Use Plan is a document which sets out the use of land and the rules governing it for the medium term (10 to 15 years). It defines the perimeter of each land use zone and lays down specific land use rules, restrictions and easements for each zone.
(2) The graphic documents of the land use plan are drawn up on a scale of between 1:5,000 and 1:10,000.
Article 38 :
(1) Subject to the conditions laid down in Article 44 below, all urban centres, all urban communes and urban district communes must have a Land Use Plan.
(2) The provisions of the Land Use Plan must be compatible with the guidelines of the Urban Development Master Plan, if one exists.
Article 39:
(1) The initiative to draw up a Land Use Plan lies with the Mayor or, if necessary, with the Minister responsible for town planning or the Minister responsible for urban issues, as the case may be, under the conditions laid down by regulation. It is prescribed by prefectoral order and drawn up under the authority of the Mayor, in accordance with the provisions of article 34 above.
(2) The work of drawing up the Land Occupancy Plan is monitored by a technical steering committee chaired by the Mayor, the composition and operating procedures of which are laid down by order of the Minister responsible for town planning or the Minister responsible for urban affairs, as the case may be, under the conditions laid down by regulation.
(3) The Land Use Plan is approved by prefectoral decree, after deliberation by the municipal council and the opinion of the local town planning services or those responsible for urban issues, as the case may be, under the conditions laid down by regulation.
(1) The Land Use Plan is a document which sets out the use of land and the rules governing it for the medium term (10 to 15 years). It defines the perimeter of each land use zone and lays down specific land use rules, restrictions and easements for each zone.
(2) The graphic documents of the land use plan are drawn up on a scale of between 1:5,000 and 1:10,000.
Article 38 :
(1) Subject to the conditions laid down in Article 44 below, all urban centres, all urban communes and urban district communes must have a Land Use Plan.
(2) The provisions of the Land Use Plan must be compatible with the guidelines of the Urban Development Master Plan, if one exists.
Article 39:
(1) The initiative to draw up a Land Use Plan lies with the Mayor or, if necessary, with the Minister responsible for town planning or the Minister responsible for urban issues, as the case may be, under the conditions laid down by regulation. It is prescribed by prefectoral order and drawn up under the authority of the Mayor, in accordance with the provisions of article 34 above.
(2) The work of drawing up the Land Occupancy Plan is monitored by a technical steering committee chaired by the Mayor, the composition and operating procedures of which are laid down by order of the Minister responsible for town planning or the Minister responsible for urban affairs, as the case may be, under the conditions laid down by regulation.
(3) The Land Use Plan is approved by prefectoral decree, after deliberation by the municipal council and the opinion of the local town planning services or those responsible for urban issues, as the case may be, under the conditions laid down by regulation.
Paragraph III - Sector plan
Article 40:
(1) The Sector Plan is a document which, for a part of a built-up area, specifies in detail the organisation and technical methods of land use, the facilities and reserved areas, and the technical and financial characteristics of the various infrastructure works.
(2) The graphic documents of the Sector Plan are drawn up on a scale of between 1/500 and 1/1000.
Article 41:
(1) The Sector Plan is drawn up for part of a locality covered by a Land Use Plan.
(2) The provisions of the Sector Plan must be compatible with the guidelines of the Land Use Plan and, in accordance with the latter, must take account of the need for coherence throughout the built-up area.
Article 42: The Sector Plan regulations set out, in detail, the requirements relating to easements, location, access, layout and appearance of buildings in the sector concerned.
Article 43:
(1) The initiative to draw up a Sector Plan lies with the Mayor. It is prescribed by municipal decree, after deliberation by the Municipal Council and the opinion of the local town planning services or those responsible for urban issues, as the case may be, under conditions laid down by regulation.
(2) The Sector Plan is drawn up under the authority of the Mayor and in accordance with the provisions of article 31 above. It is approved by municipal decree in accordance with the provisions of article 30 above.
(1) The Sector Plan is a document which, for a part of a built-up area, specifies in detail the organisation and technical methods of land use, the facilities and reserved areas, and the technical and financial characteristics of the various infrastructure works.
(2) The graphic documents of the Sector Plan are drawn up on a scale of between 1/500 and 1/1000.
Article 41:
(1) The Sector Plan is drawn up for part of a locality covered by a Land Use Plan.
(2) The provisions of the Sector Plan must be compatible with the guidelines of the Land Use Plan and, in accordance with the latter, must take account of the need for coherence throughout the built-up area.
Article 42: The Sector Plan regulations set out, in detail, the requirements relating to easements, location, access, layout and appearance of buildings in the sector concerned.
Article 43:
(1) The initiative to draw up a Sector Plan lies with the Mayor. It is prescribed by municipal decree, after deliberation by the Municipal Council and the opinion of the local town planning services or those responsible for urban issues, as the case may be, under conditions laid down by regulation.
(2) The Sector Plan is drawn up under the authority of the Mayor and in accordance with the provisions of article 31 above. It is approved by municipal decree in accordance with the provisions of article 30 above.
Paragraph IV - Summary town planning scheme
Article 44: Pending the adoption of a Land Use Plan, communes may draw up a simplified planning document known as a Summary Town Planning Scheme.
Article 45 :
(1) The Summary Town Planning Scheme is a document which determines the use of land and defines the perimeter of each of the use zones. For each zone, it provides a summary of the rules, restrictions and special easements governing land use.
(2) The graphic documents of the Urban Development Summary Plan are drawn up on a scale of between 1:5,000 and 1:10,000.
(3) The provisions of the Summary Town Planning Scheme must be compatible with the guidelines of the Master Town Planning Scheme, if one exists.
Article 46:
(1) The initiative to draw up a Summary Town Planning Scheme lies with the Mayor. It shall be prescribed by prefectoral order following the opinion of the local town planning services or those responsible for urban issues, as the case may be. It is drawn up under the authority of the Mayor and in accordance with the provisions of article 30 above.
(2) The Summary Town Planning Scheme is approved by municipal order, after deliberation by the municipal council and after receiving the opinion of the local town planning departments or those responsible for urban issues, as the case may be, in accordance with the conditions laid down by decree.
Article 45 :
(1) The Summary Town Planning Scheme is a document which determines the use of land and defines the perimeter of each of the use zones. For each zone, it provides a summary of the rules, restrictions and special easements governing land use.
(2) The graphic documents of the Urban Development Summary Plan are drawn up on a scale of between 1:5,000 and 1:10,000.
(3) The provisions of the Summary Town Planning Scheme must be compatible with the guidelines of the Master Town Planning Scheme, if one exists.
Article 46:
(1) The initiative to draw up a Summary Town Planning Scheme lies with the Mayor. It shall be prescribed by prefectoral order following the opinion of the local town planning services or those responsible for urban issues, as the case may be. It is drawn up under the authority of the Mayor and in accordance with the provisions of article 30 above.
(2) The Summary Town Planning Scheme is approved by municipal order, after deliberation by the municipal council and after receiving the opinion of the local town planning departments or those responsible for urban issues, as the case may be, in accordance with the conditions laid down by decree.
Section III - Public easements affecting land use
Article 47:
(1) All the urban planning documents defined above must specify the public utility easements affecting land use.
(2) Only the easements mentioned in the urban planning documents may be invoked against applications for land use authorisation.
Article 48 : After approval by the competent authority of any urban planning document, with the exception of the Master Urban Development Plan, the rights-of-way reserved for the planned roads and facilities shall be demarcated and classified as part of the artificial public domain, the private domain of the State or the private domain of the decentralised local authorities, at the initiative of the Mayor and at the expense of the project owner. Following this demarcation, an alignment plan is drawn up for the roads concerned.
(1) All the urban planning documents defined above must specify the public utility easements affecting land use.
(2) Only the easements mentioned in the urban planning documents may be invoked against applications for land use authorisation.
Article 48 : After approval by the competent authority of any urban planning document, with the exception of the Master Urban Development Plan, the rights-of-way reserved for the planned roads and facilities shall be demarcated and classified as part of the artificial public domain, the private domain of the State or the private domain of the decentralised local authorities, at the initiative of the Mayor and at the expense of the project owner. Following this demarcation, an alignment plan is drawn up for the roads concerned.