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Spluma
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- 2. Developments in SA •Town Planning and Townships Ordinance 15/1986 • Less Formal Township Establishment Act 113 of 1991 • Development Facilitation Act 67 of 1995 (DFA) • Removal of Restrictions Act 84 of 1967 • Physical Planning Act 88 of 1967 • The Physical Planning Act 125 of 1991
- 3. SPLUMA definition The SpatialPlanning and Land Use Management Act 16 of 2013 (SPLUMA) is a national law that was passed by Parliament in 2013. The law gives the Department of Rural Development and Land Reform (DRDLR) the power to pass Regulations in terms of SPLUMA to provide additional detail on how the law should be implemented.
- 4. What is Spluma? •National framework legislation • Came into operation on 1 July 2015 • Primary aim : to provide national, provincial and municipal spheres of government with a framework relating to the establishment of policies and systems relating to land use management
- 5. Municipalities • Must approveand adopt a single land use management scheme • Within 5 years from enactment date • Must take into account i.e. appropriate categories of land use management, compliance with environmental legislation and provisions to promote the inclusion of affordable housing.
- 6. Municipalities must: • Passby-laws to formulate the procedures to give effect to and enforce the provisions of SPLUMA. • Establish a Municipal Planning Tribunal to determine land use and development application within its jurisdiction.
- 7. Municipal By Laws •City of Johannesburg Municipal Planning By- laws, 2016. • City of Tshwane Land Use Management By- Law, 2016. • Rustenburg Local Municipality Spatial Planning And Land Use Management By Law, 2015 • Madibeng Draft Spatial Planning And Land Use Management By-law 2016
- 8. Impact on Developers/ Conveyancing • Rezoning • Township establishment • Subdivision of land • Consolidation of land • Removal, amendment or suspension of restrictive conditions • Sectional Title Schemes
- 9. Spluma “Certificate” • Allfunds due by the owner has been paid • All contravention penalties have been paid • All compliance directives complied with • The land and buildings constructed on the land unit to comply with the requirements of the land use scheme • All conditions of approval of any land development application complied with.
- 10. Spluma “Certificate” • From1st of June 2017 the Registrar of Deeds Mpumalanga has indicated that no transfer of property will be registered without a certificate issued by the relevant municipality indicating that the SPLUMA requirements have been complied with!! • Other Deeds Offices only when change in land use is concerned. (for now)
- 11. Ensure compliance • Approvedbuilding plans • Use of the property to be in accordance with the municipal zoning. • Ensure that there are no encroachments over the building lines and property boundaries.
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- 13. This training materialand any rights attached hereto are the property of KAPP VAN WYK VAN ZYL Incorporated (KVV Inc). We took great care to ensure that the information on this training video/slideshow was correct at the time of publishing thereof. However the Law is ever changing and there may have been case law in the interim that could alter the position. The information in this training video/slide show is for information purposes only and should not be regarded as legal advice. Each case will always be judged on its own merits in a court. KVV Inc accepts no liability whatsoever for any loss or damages whatsoever and howsoever incurred, or suffered, resulting, or arising, from the use of this training material or its attachments. Should you require legal advice on a matter, please contact us on training@kvvinc.co.za.