Wetlands and Floodlines: Stands You Should Never Have Been Sold

Not all land is buildable, and not all of it is lawful to sell for housing. Wetlands, known locally as vleis, and land along streambanks and floodlines are protected for good reason. They soak up rainfall and recharge the water table. Build on them, and the water has nowhere to go but into your home. Yet land barons and some cooperatives have sold wetland stands to trusting buyers for years.

What the law actually says

Under the Environmental Management Act, disturbing a wetland without written authorisation from the Environmental Management Agency is a punishable offence, and the Water Act adds a further layer of protection. Lawful development of such land requires a rigorous Environmental Impact Assessment, which the informal sales almost never have. Harare gazetted dozens of its wetlands as protected areas as far back as 2013. In other words, much of this land was never available to be sold for houses in the first place.

Four reasons a wetland stand is a trap

1. Flooding, every season. The ground is built by nature to hold water. A house there simply becomes the place where the water collects.
2. Structural failure. Wetland soils are weak and clay rich. Foundations crack, walls shift, and in the worst cases buildings collapse.
3. Demolition. Structures put up on protected wetlands without authority can be ordered down. Demolitions have already taken place in Harare and Chitungwiza.
4. No clean title, no protection. These stands are often sold by people with no right to sell them, so you may be left holding nothing the law recognises. See Cession Is Not Ownership and Bought on a Cooperative Stand?

Before you buy, check

Confirm the land is properly zoned and approved for residential use, and that it is not on a wetland, streambank or floodline. Ask for the local authority approvals and any environmental authorisation, and have a conveyancer verify the title before you part with money. A short check now is far cheaper than a flooded home or a demolition notice later. See Buying From a Land Developer? and Five Signs Your Title Deed May Not Be What You Think.

If you already bought one

You are not necessarily without options. Depending on the facts, there may be recourse against whoever sold you the stand, and there is almost always a safer way to handle what comes next. The worst thing to do is wait for the next heavy rains, or a notice on your gate, before getting advice.