Why planning laws matter
It appears everyone in present Malawi wants to build something. Houses, hotels, lodges, shops, entertainment venues and event gardens are mushrooming everywhere.
This looks great. Real estate drives the economy. More buildings mean more jobs, business activity and contribution to our gross domestic producti (GDP). Real estate cont r ibute 6.6 percent to the GDP, economists say.
But real estate is not just about money.
Having cash and a plot does not mean you can build the way they like.
Real estate has three sides: The physical structure you see being built; the economics, especially financing and returns; and the lega l requirements that protect your investment and your neighbours.
Mo s t p e o p l e a r e comfortable with what they can see and calculate, but often ignore the legal side that can save their investment from disaster.
My planning lecturer said he owned a house and some tenants offered four times his desired rentals.
Sounds like a dream, right?
Yes, until he discovered that the tenants had turned the house into a dog clinic neighbours and passers-by
called chipatala cha agalu.
Even minibus passengers, would scream: “Tistsika nawo pa chipatala cha agalu”.
T h e n a m e spread beyond the neighbourhood and everyone avoided renting there.
If the owner had asked the tenants about their intended use for the house, he would not have allowed it.
This is exactly why planning laws exist. Whether it is a small house or a commercial project, authorities need to review and approve the intended use before development or any changes.
According to Malawi’s planning laws, development includes any building or rebuilding , engineering works, mining operations, material change in land use or subdivision of plots.
Even turning your home into an Airbnb, a shop, or subdividing your land for sale counts as development, so you need permission from the relevant authorities such as local councils or the commissioner for physical
planning if no committee exists.
Many people skip this step. They assume money and vision are enough. When things go wrong, they blame planners or government, forgetting they had bypassed the laws enacted to protect citizens and investors alike.
The law is not a bureaucratic nuisance, but a safeguard.
Some say applying for development permission is slow, but the law has a clever f i x— t h e 6 0 – day rule. Once you submit an application through a registered physical planner, the responsible authority must respond within 30 days. If 60 days pass without a decision, you can legally commence development.
This applies to both sma ll projects . I t wa s d es igned to prevent unnecessary delays.
When buying an existing property, especially incomplete projects, many assume that construction automatically comes with permission. Yet development permission is granted to the original developer, not the property.
If you acquire an unfinished building, you must reapply for permission.
This ensures order, protects the neighbourhood and shields your investment.
Currently, plots are being
demarcated and sold without checking whether the seller obtained planning permission.
Buyers see land, pay for it, and assume ownership gives them the right to develop. Later, conflicts arise because the legal requirements were ignored.
Compliance is not optional, it is essential for order.
Planning laws exist to ensure that developments fit into their surroundings. Without them, urban spaces become chaotic, more like a jungle than a garden. A garden is planned, organised and structured.
Planning laws separate chaos from order, confusion from harmony.
The third pillar of the Malawi 2063 emphasises urbanisation, but the Malawi we create depends on how we, as citizens, respect planning laws.
If we build anyhow because we have money, our cities will never be orderly, but chaotic jungles.
Before building or changing the use of a property, ask yourself: Do I want to end up with a dog clinic or development that adds value, order, and dignity to my neighbourhood?
Planning laws exist to protect you, your investment and the entire community. The difference between a jungle and a garden is planning
