Advisory Center for Affordable Settlements & Housing

acash

Advisory Center for Affordable Settlements and Housing
ACASH

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Document TypeGeneral
Publish Date16/10/2010
Author
Published ByLincoln Institute of Land Policy
Edited ByTabassum Rahmani
Uncategorized

Land Regulation in the Urban Agglomerates of Argentina and its Relationship

This paper provides evidence on the relationship between land regulation and the (formal/informal) residential tenure condition of households in Argentina. We collected a nationwide survey of local land use regulation from planning professionals, covering the municipalities comprised in the big urban agglomerates of Argentina, and filling the gap of the lack of a source of comparable and systematic knowledge on the topic. A set of indicators are then created allowing the analysis of the regulatory environment according to some of the main issues (e.g., existence of land use plans; authorities involved in zoning changes and residential projects approval processes; existence of building restrictions, infrastructure provision, the presence of access to land regulatory elements, and the cost related to project approvals). Then, using data from the National Households Survey (2007) and the last available National Census (2001), we estimate the effect of land regulation on households’ formal/informal tenure conditions. Among other findings, we document that those municipalities that have incorporated more land planning regulatory measures into their legal and regulatory frameworks also face the cost of larger informal land sectors. We also find negative effects on formality for higher residential approval costs, tighter regulation (in the form of more authorities involved in authorization), and positive effects of inclusionary policies.

Given the fact that land regulation is a complex issue with little data available, this study fills a gap in urban policy in Argentina by contributing with applied research that lays the foundation for policy intervention. This research project has the specific aim of assisting in the understanding of land policy and of the specific issues that may be affecting land tenure informality. The first thing to be remarked about land use policy in Argentina is the great variability among provinces and municipalities, where there is no legal framework guiding urban development and land use emanating from the National State. The existing legislation forms a disperse set of rules laws, decrees and ordinances stemming from provincial and municipal governments. In general, land regulation in Argentina comprises land-planning laws at a provincial level and rules and ordinances at a municipal level. For example, one of the issues in the land regulatory structure is whether municipalities are empowered with independence to establish their local regulations about land. Not all provinces incorporate laws in this direction. The pattern for many provinces is the existence of a group of laws, typically outdated, that tackle only some of the major land issues.

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