Friday, August 22, 2014

SECURITIZING MORTGAGES WOULD SOLVE HOUSING SHORTAGES

SECURITIZING MORTGAGES WOULD SOLVE HOUSING SHORTAGES

SECURITIZING MORTGAGES WOULD SOLVE HOUSING SHORTAGES Apart from the recent global economic down-turn which many countries are yet to fully recover from, as well as the growing challenge of climate change, many parts of the developing world are groaning under the excruciating pains of inadequate housing. Twenty years ago, in order to express my dismay at the military government’s poor handling of their duty to provide affordable housing for Nigerians by the year 2000, I titled the published essay: NATIONAL URBAN HOUSING POLICY. The crux was that few years after the promise was made the government had no policy on which to deliver, nor was there any framework from which to examine the proposal and its feasibility critically as well as assess its progress or none of it. It was that perennial vicious string used by governments, especially of developing nations which is usually using what desperate people like to lure them or their votes. There is no doubt that affordable housing for the masses is one of those immediate needs of most developing countries especially in their modern towns and cities. Indeed the National Party of Nigeria (NPN) government that won the 1979 general election did so on a manifesto that promised delivery of massive affordable houses and agricultural development. The two items formed the features of the party logo. Even as they were leaving office in 1983, putting in place an effective national policy was not achieved not to talk of delivery. The hopes of the masses, as always were dashed. If there were a national policy such as we find in countries like Finland, Indonesia, USA, Malaysia etc. in Nigeria succeeding governments since 1979 NPN government, would have achieved much in that direction, especially if the policy specifically discourages and condemns “abandoned projects by previous governments” syndrome. What this means is that every year’s budget of the Housing Ministry must progressively be delivering affordable houses irrespective of government in power. I do not see much difficulty in making such policy an irrevocable mandate of governments at all levels since its under concurrent list. The incoming government has to complete housing projects commenced by outgoing government to avoid wastages arising from several years of abandoned projects by governments. The necessity of affordable housing for the masses can be appreciated on realizing that inadequacy of affordable housing relative to its demand compel average urban dwellers to spend as much as 45% of their incomes annually on housing. The economic implication is impoverishment of lager percentage of the populace. And inability to save and contribute to economic growth of the nation. It can also be appreciated further when you consider the contribution housing makes to the GDP of countries around the world. For a country whose population grows at about 2.5% per annum, what this means is that in recent years the GDP has been losing huge sums of money which should have been yielding from housing projects annually. The reality, therefore, is that housing is not properly developed and has the capacity to deliver accommodation as well as huge contribution to the GDP. Advocates of social housing have researched the various causes of inadequate housing in Nigeria and found among other things that the Land Use Act 1978 contributed to the government’s inability to deliver affordable housing with speed. The preamble of the Act corroborates this claim: “An Act to vest all land comprised in the territory of each state (except land vested in the Federal Government or its agencies) solely in the Governor of the state, who would hold such land in trust for the people and would henceforth be responsible for allocation of land in all urban areas to individuals resident in the state and to organizations resident in the state and to organizations for residential, agricultural, commercial and other purposes while similar powers with respect to non-urban areas are conferred on Local Governments.” The implication, they say are enormous. The fact that Government can revoke certificate of occupancy by s.28 of the Act and s.51 which defined and expanded the categories of reasons beyond ‘compulsory acquisition for public purposes’ makes acquisition of land for development controversial. What it means is that you own some acres of land; you may go ahead to invest fortunes to provide houses but there is no guarantee to a holder of certificate of occupancy, which is available to your counterpart in Finland or USA who has freehold interest. The provision has always depended on the rationale that it curbs the increasing difficulty in acquiring land for development by individuals, organizations and other public purposes. There seem to be other unresolved questions associated with the Act. If the mischief of the Land Use Act is to facilitate government’s acquisition of land for development and mass housing programme by forestalling private acquisition and hoarding, why do the succeeding governments since 1978 still find it difficult to use the land the way they had intended? What role do estate and property speculators play in the quest for affordable housing: is it better or worse? Land is a factor of production whose value appreciates constantly; and any control of such land that involves loss of use by occupiers attracts huge compensation under s.29 of the Act. Therefore the control which the Act imposed on the use of land cannot be said to have positive impact on provision of houses affordable to the masses. The advanced countries earlier referred to above used the mortgage system to facilitate mass housing delivery specially in urban areas. Most owner occupier buildings in those countries were provided through mortgage system which allows an occupier to pay for the houses in installments for about 25 years or more. This method is what the Federal Mortgage Bank was originally established to achieve but it failed. In its stead is National Housing Fund consisting of contributors funds that provide from N1 - N15 million. Another cause of inadequacy has been attributable to building materials. Nigeria has a history of importation of almost everything even when they can be produced locally. The dependence of imported cement has reduced drastically over the years, since its production became sufficient for local use. But other materials are still not available locally. The demand for increased local contents by manufacturers is one of the ways advocates persuade the government and stakeholders to hasten housing provision. In spite of these obstacles there are rising expectations on the part of the public about government’s housing delivery. Since the appointment of the current land and housing minister some critical structural changes have taken place. The first is the detachment of the ministry from works ministry, which grants independence to the ministry on policy decisions on housing. It would now be clear who makes decisions whether they lead to success or failure. Evidently the fact that during the current minister’s tenure about 15,000 houses had been provided is a pointer that the structural changes are yielding positive results. Another decision that is yielding positive result is the establishment of Satellite Town Development Agency to enhance the speed at which houses are delivered to ease the pressure on scanty provisions in the city of Abuja. The minister should be encouraged to include those whose houses were demolished whether wrongly or otherwise. That is a testimony that the minister is passionate about social housing and should be encouraged and sustained. The concept of social housing was alien to government policy until it was introduced by a former minister, now Governor Olusegun Mimiko of Ondo state. And that brings to mind the housing bill initiated at the senate which has reportedly gone through second reading. What the bill intends to achieve is to say the least laudable. The beneficiaries of the provision, if enacted were defined in terms of income earning scale, even as Federal Mortgage Bank would organize informal sector as cooperatives to participate. It stipulates sanctions for anyone that rents or sublets such houses. Even mortgage banks that flout the law would not be spared. As expected aged and displaced individuals would be given priority in allocation of the houses. The minister reportedly said the newly approved housing program me would erect one million housing units annually across Nigeria. Even as laudable as the programme proposes to be it would be with 17 million housing deficit. In furtherance of social housing policy president Goodluck Jonathan commissioned police estate named after him, at Idimu on 19th July 2013. It was an auspicious occasion for him to announce government’s proposal to establish Mortgage Refinance Institute to be supported by the world bank to the tune of $300, a free interest loan repayable in 40 years with a moratorium of 10 years. The way forward in my view is certainly the fact that succeeding governments should not be allowed to abandon projects. There should be continuity of the present housing policy that encourages specific number of houses annually. How to encourage this must be urgent development of effective public funded mortgage system, perhaps that’s what the president wants to do with the proposed Mortgage Refinance Institute. In addition dormant accounts such as pension funds, insurance deposits etc should be deployed to provide social housing. It is also important to increase financial literacy and intelligence of the public through relevant financial products that encourage home ownership. Lastly foresight should be adopted in the development of future towns and cities so as to envisage adequate housing of the population before they explode and abuse urban fringes.
Iyke Ozemena Corporate Attorney/Consultant, Author:
An essay that offers solution for shortage of housing in developing countries and relevant economic and political issues.

1 DIRECTORS: Duties & Enforcement http://www.amazon.com/dp/B005783S6S
2 MEETINGS: Dynamics and Legality - http://www.amazon.com/dp/B005MKCESY
COMPANY SECRETARIES' HANDBOOK (Kindle Edition)
4.LAND LAW OF NIGERIA
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