By Spy Uganda
The Minister of Lands, Housing, and Urban Development, Judith Nabakooba, on Tuesday presented the Valuation Bill, 2024, to Parliament. The proposed legislation aims to regulate property valuation practices in Uganda by introducing measures to professionalize and oversee the work of valuers.
According to the Minister, the Bill if passed into law is expected to lead to; regulating the valuation function; increasing public confidence in valuation function and services; professionalizing the valuation function; strengthening the office responsible for Government valuations; ensuring efficient land acquisition processes; and, improve efficiency of the real estate and financial markets. Clause 2 of the Bill proposes the creation of the Office of the Chief Government Valuer, who will be responsible for the National Valuation Information System.
The Government in Clause 4 of the Bill proposes to establish the Institute of Certified Valuers of Uganda whose functions would include; maintaining the standard of the valuation profession in Uganda and conducting certified valuers and practicing valuers; facilitating and supervising the provision of continuous professional education and acquisition of knowledge in valuation by the members of the Institute; and, protecting and assisting the public in all matters of valuation and in matters incidental to valuation.
Other proposed functions of the institute are; representing, protecting and assisting members about the conditions of practice of valuations; and, encouraging research in valuation and related subjects, maintaining a library of resources relating to the practice of valuation; maintaining the journal of the Institute.
Clause 8 of the Bill proposes the functions of the Council of the Institute whose major mandate would include the enrollment of members and maintaining the roll; issuing practising certificates and licenses to professional valuers; regulating the conduct of certified valuers and practicing valuers; and, adopt internationally accepted valuation standards.
Under Clause 20, the Government has proposed the qualifications of a person to be registered as a member of the Institute of Certified Valuers. All valuers already registered under the category of valuation under the Surveyors Registration Act, will at the commencement of the new law be enrolled as a members of the Institute. The Chief Government Valuer and valuers in the office of the Chief Government Valuer would automatically be enrolled as members of the Institute.
A valuer to be registered as a member of the Institute and hence be issued with a certificate of practice and license would one with a bachelor’s degree in valuation or equivalent qualifications recognised by the Council of the Institute; and is a member of a professional body of valuers that is comparable in membership to the Institute. Also to be enrolled, a valuer will have worked underthe supervision of a certified valuer for at least one year and shall undertake professional training and pass qualifications examinations of the Institute.
The Government in this Bill has also provided for circumstances under which a person will not be renewed as a licensed valuer. These include; when a person is adjudged by a completed court to be suffering from mental illness; is convicted of an offense involving fraud or dishonesty by a competent court; has no renewal of membership for two years; and, is disqualified from membership by the Council on the recommendation of the Disciplinary Committee.
Clause 21 proposes a professional qualification examinations committee which shall be responsible for professional training and qualification of valuers to be certified in Uganda. Like in other professions like law, engineering among others, the law has created a window for partnerships where two or more certified valuers or practicing values would apply for the issuance of a license to operate a valuation firm. However, the license for the valuation firm shall be renewed every after one year.
While Ugandans most recently witnessed the back and forth between the Uganda Law Council and Kenyan lawyer, Martha Karua, applying for a temporary practicing license to represent opposition leader Dr Kizza Besigye in a trial at the Army General Court Martial, foreign certified valuers or practicing valuers would have to undergo a similar process if they are practice in Uganda.
Clause 26 provides from temporary certificate of practice to professional valuers from outside the country who may wish to practice in Uganda for a specific period. Under Clause 27(4), the Government is proposing a fine of UGX 10m or imprisonment for 2 years or both for a person who will be found practicing valuation without a certificate of practice and license.
While Clause 28 of the Bill provides for a professional code of ethics for certified valuers and practicing valuers, these would be enforced under provisions of Clause 30 by the Disciplinary Committee of the Council of the Institute. Majorly during conflicts related to ownership of land and the sale of land, different parties are free to hire their own valuers.
These valuers will however have their independent reports to be studied and reconciled by a reconciliation committee to come up with a common value as per Clause 31. Clause 32 proposes that valuation shall determine the value of tangible assets including real property, development property and plan, equipment and infrastructure, then, intangible assets which include; business interests, non-financial liabilities; inventories and financial instruments.
In a move to stop unprofessionalism in the valuation industry, a fine of UGX 100m or custodial sentence of 2 years or both has been suggested for a person who; knowingly makes any statement which is false in a material particular or misleading with a view of gaining an advantage, concession or privilege; forges any document purporting to be a certificate, receipt, approval or other document issued by the Act; impersonates a certified valuer or a practicing valuer; fails to report an alteration made in a valuation report; and, certified or practising valuer who permits another person, not being professional as a case may be, to use his or her name.
Other offense that would be punishable by a fine of UGX 1m or 2 years jail term or both for a person who; willfully delays or obstructs any person in the exercise of his or her duties under this Act; refuses or fails to allow entry or inspection to a property to be valued; refuses or neglects to furnish particulars about a property which is subject of valuation; willfully makes any false statement in response to any question for purposes of a valuation; and, refuses to allow any books, documents or papers to be inspected or extracts to be taken concerning a valuation.
