Tanzania: Registration Requirements For Firms Operating In The Tanzanian Construction Industry

Last Updated: 7 February 2019
Article by Peter Kasanda and Michaela Marandu

There are various professional boards which govern the membership of professional firms in the Tanzanian construction industry i.e.:

  • for contractor firms, there is the Contractors Registration Board;
  • for engineering firms, there is the Engineer Registration Board; and
  • for architects and quantity surveyors' firms, there is the Architects and Quantity Surveyors Registration Board.

Notably under Tanzanian law, a firm cannot be registered with all three boards at the same time.

In this month's Projects & Construction legal briefing, we focus on the registration requirements imposed on firms that undertake construction projects in Tanzania – specifically two types of firms i.e. a firm of engineers and separately, a firm of contractors.

A firm looking to register with either the Engineer Registration Board (ERB) or the Contractors Registration Board (CRB) must first be registered with the Business Registrations and Licensing Agency and hold either a certificate of incorporation or a certificate of compliance.

CRB Registration

The main piece of legislation for contractors in Tanzania is the Contractors Registration Act Cap 235 R.E 2002 (the Contractors Act). There are two categories of contractors under the Contractors Act i.e. (1) local contractors and (2) foreign contractors.

  • Local contractors are firms whose majority shares are owned by citizens of the United Republic of Tanzania.
  • Foreign contractors are firms whose majority shares are owned by non-citizens.

The category in which the contractor falls in determines the type of registration applicable to that contractor at the time of registration with the CRB. There are two main types of registration i.e.:

  • Permanent registration.
  • Temporary registration. Under temporary registration there are two types of registration:

    • Temporary registration of foreign contractors; and
    • Temporary joint venture registration.

Permanent registration 

This would allow a firm to register to carry out works in a specific category and class without any limits on duration of the registration or the number of projects it is permitted to carry out, provided that annual fees are paid and the requirements for registration are complied with.

Temporary registration of foreign contractors

Temporary registration is applicable where a person has satisfied the CRB that the principal of the construction firm is not a citizen of Tanzania, the firm has been incorporated outside Tanzania and the firm intends to be present in Tanzania to carry out a specific contract (with certain restrictions on the monetary value of the contract). Once the contract expires, the firm shall cease to have been registered and the certificate of registration is returned to CRB.

For foreign temporary registration which is limited to a specified project, the CRB may use its discretion to issue the licence for the entire duration of the project provided that the company is willing and able to pay the annual fees for the entire project in advance. If the project is executed in phases, the CRB may extend the duration of the CRB licence as necessary to enable the firm to complete the project.

Temporary Joint Venture Registration

This form of registration requires each firm to be individually registered by the CRB first. This is usually applied for by construction firms that have jointly tendered for work and have been awarded a contract often on the basis of combined resources. The joint venture may only undertake works for the duration or period of contracted works.

Application fees

Applicants whose applications have been approved by the CRB will be notified and asked to pay registration fees and annual subscription fees within sixty days. The fees vary depending on the class, type and category of registration.

Timelines for registration

Generally, once the CRB has completed its review of the application and has instructed the applicant to make the payment of fees, it can take up to 3 weeks to obtain a certificate of registration. The certificate is valid for up to one year, unless stated otherwise e.g. in relation to foreign contractors, this may be for the duration of the project.

ERB Registration

The relevant legislation for engineering consulting firms is the Engineer Registration Act No.15 of 1997 (the Engineers Act). As with the CRB, there are two main categories in which engineering consulting firms can register under i.e. (1) as a local engineering firm (LECF), or (2) as a foreign engineering firm (FECF). The local and foreign registration for engineering firms is differentiated in a similar way to contractor firms i.e. by the percentage of shares held in the hands of either locals or foreigners.

Application fees

Fees vary between an application for a LECF and FECF. Notably, application fees for a FECF registration are significantly higher than one for a LECF registration. 

Timelines for registration

Like with the CRB registration, obtaining a certificate may take up to 3 weeks from making payment upon approval of the application.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Peter Kasanda
Similar Articles
Relevancy Powered by MondaqAI
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Mondaq Sign Up
Gain free access to lawyers expertise from more than 250 countries.
 
Email Address
Company Name
Password
Confirm Password
Country
Position
Industry
Mondaq Newsalert
Select Topics
Select Regions
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions