Guideline Compiled by:
LAND USE SCHEME, TOPONOMY AND APPLICATION MANAGEMENT SECTION ECONOMIC DEVELOPMENT AND SPATIAL PLANNING DEPARTMENT in FEBRUARY 2021.
1. IMPORTANT TO NOTE:
This Guideline is aimed at assisting the public with the submission of a request for the confirmation of land use rights in terms of section 28(9)(a) of the City of Tshwane Land Use Management By-Law, 2016 (the “LUM By-law”) for the registration/opening OR for the amendment of a Sectional Title Scheme.
It does not bind the Municipality in any form or manner or derogate from the municipalities’ rights to request any information in terms of any legislation pertaining to exercising of any land use rights which they may require to assist them in taking a decision. The applicant is required to familiarize himself/herself with the content of the legislation and/or any policies and/or processes applicable within the City of Tshwane.
PLEASE NOTE: THIS IS NOT A SPLUMA LETTER/CONSENT/COMPLIANCE LETTER BUT CONFIRMATION OF THE LAND USE RIGHTS IN TERMS OF SECTION 28(9) OF THE LUM BY-LAW, 2016.
Any criteria or motivation indicated in the Guideline that may be required to assist the Municipality in taking a decision, does not bind the decision maker in any way.
2. DOCUMENTS REQUIRED FOR SUBMISSION OF THE REQUEST FOR THE CONFIRMATION OF LAND USE RIGHTS IN TERMS OF SECTION 28(9) OF THE LUM BY-LAW
The following documentation shall be submitted electronically to LUS-STS@Tshwane.gov.za:
2.1 Incomplete requests
Any request submitted that is not in accordance with the approved land use right/s, or the failure to submit any of the said required documents as indicated in this Guideline shall be deemed to be incomplete and shall be issued with a letter of rejection.
This will imply that once a request has been rejected a new request will have to be lodged. Please refer to Section 26(3) of the LUM By-law in this regard.
2.2 Proof of payment (POP)
A fee is payable in line with the Council approved fee structure. Fees changes on the first (1) of July of every year which introduces the new financial year at the Municipality. It is your responsibility to enquire regarding the applicable fee or find the fees on the Tshwane’s website.
EFT payment must be made for each Surveyor-General Sectional Plan to be confirmed. As per the said fee structure each Surveyor-General Sectional Plan is evaluated separately and should be submitted, paid and motivated as such.
Proof of EFT payment shall be submitted; the request will not be accepted / deemed to be accepted if confirmation of payment of the prescribed fees has not been received for each Surveyor-General Sectional Plan.
For the EFT payments, the following applies:
Name of bank: ABSA
Name of account holder: City of Tshwane Metropolitan Municipality
Account number: 405 338 1912
Branch code: 632005
Reference no (CoT Cost Centre): 811 630 07915
The applicant shall ensure that Beneficiary Reference on the EFT payment includes the property description. If the size of the Beneficiary Reference does not allow for the full property description, print the POP and indicate in writing the property description. Scan the document as prescribed in the table above.
2.3. A cover letter:
- The cover letter must be addressed to the Economic Development and Spatial Planning Department, Section Land Use Scheme, Toponomy and Application Management.
- The contact details such as telephone number, postal address and e-mail address of the applicant must be clearly indicated.
- The cover letter shall distinctly specify if the request is done on the registration/opening of a Sectional Title Scheme OR for the amendment of an existing Sectional Title Scheme.
2.4. Approved Surveyor-General Sectional Plan(s)
One clear copy of the approved Surveyor-General Sectional Plan(s)
This approved SG Sectional Plan(s) will form part of the confirmation letter issued by the Municipality; it is therefore imperative that the document(s) is not:
- an A3 plan scanned on two separate A4 pages
- cut in parts
- highlighted with markers
- minimised to such an extent that it is unreadable
- punched with holes
Make sure the approval date, frame and all other information are readable.
2.5. Zoning Certificate:
A recent (not older than 2 months) paginated zoning certificate containing the cover page and referenced Annexure T, Consent Use / Permission approvals. A Zoning certificate is obtainable at Room 1010, First Floor Isivuno House, 143, Lilian Ngoyi Street, Pretoria or electronically at email@example.com.
A zoning certificate is a certificate only issued by the Geo Information Counters that indicates the approved, promulgated and adopted land use rights applicable to a specific property.
- The compliance/confirmation/approval letter does not serve as the zoning certificate.
- In terms of Section 43 of the LUM By-law the database of the City of Tshwane is correct with reference to the zoning and any other lawfully approved and adopted Consent Uses and/or Permissions. The liability rests with the person who disagree with the information to provide such lawful scheme documents.
2.6 A Memorandum:
A memorandum that provides an indication of the proposed Sectional Title Scheme or the amendment to an existing Sectional Title Scheme, with an explanation of how the rights will be exercised with specific reference to the Use Zone, land uses and control measures (Height, Coverage, Floor Area Ratio, Density) of the property in terms of the zoning certificate (paragraph 2.5).
NOTE: The aim of the memorandum is to prove that the land use rights, the building plans and the Sectional Plans correlate regarding areas, layout and lawful land use rights.
2.7. Site Development Plan:
The approved Site Development Plan (SDP) must be submitted if it is a requirement in terms of the approved, promulgated and adopted land use rights that the development is subject to an SDP. An SDP is “coded” with a “SDP number”, which shows the siting, elevations and exterior finish of the proposed buildings, parking areas and open spaces of the proposed development of a property and any salient natural features thereof as prescribed, read with Clause 31 of the Tshwane Town-planning Scheme, 2008 (Revised 2014).
The SDP is attainable at the Building Control Offices (see the list below).
NOTE: A Site Plan does not serve as the SDP. The SDP should contain the schedule of land development controls i.e., coverage, height, floor area ratio. The letter of approval of an SDP does not replace the SDP.
2.8. Building Plan:
The approved Building Plan in terms of the National Building Regulations and Standards Act, 1977.
Building Plans are attainable at the Building Control Office (see the list below).
NOTE: Building Plans are usually “coded” with a “R” number. Building Plans scanned in pieces or minimised to such an extent that it is unreadable will not be accepted. An approval letter will not be acceptable, the approved plans is needed indicating layout and areas approved. Fire hydrant, water reticulation plans, and occupational certificates cannot serve as building plans. The schedule with areas of buildings should be readable and available on the approved plan.
Declaration to be signed by the owner/conveyancer or authorised representative declaring that the Sectional plan and Sectional Title Scheme shall be submitted in accordance with the land use rights applicable on the property, which declaration shall be read with the Section 28(9) of the LUM By-law confirmation and the Sectional Titles Act 95 of 1986.
3. IMPORTANT ASPECTS RELATING TO THE REQUEST
3.1 The request for confirmation will be rejected if all the required documents have not been submitted in the form and manner as indicated above in the opinion of the Municipality.
3.2 All enquiries related to this request can be directed to: LUS-STS@tshwane.gov.za OR DannyMu3@tshwane.gov.za.
3.3 A period of 30 days will be required to finalise the request on condition that all the required documents have been submitted in the form and manner as indicated in paragraph 2.
3.4 Additional information, if required, must be submitted by the applicant within 10 days after such a request, failing which it shall be deemed that the applicant does not want to continue with the request and must submit a new request if it wants a confirmation letter.
3.5 You will be notified of the outcome of your request. Two (2) hard copies of the Sectional Plans shall be submitted on the day of the collection of the confirmation letter to either Danny Müller, Room 9009, 9th Floor Isivuno House, 143 Lilian Ngoyi Street, Pretoria, OR Ms M Geldenhuys, Room 9015, 9th Floor Isivuno House, 143 Lilian Ngoyi Street, Pretoria, or as per prior arrangement.
4. GENERAL NOTES
PLEASE DO NOT SUBMIT COPIES OF UNNECESSARY DOCUMENTATION WHICH DOES NOT FORM PART OF THIS GUIDELINE e.g.:
- Title Deed
- General Plan
- Occupation certificate
- Fire/ Electric plans and certificates
- Post Compliance Letter
- Approval letter of a land development application.
LIST OF MUNICIPAL OFFICES: BUILDING CONTROL OFFICES FOR SITE DEVELOPMENT PLANS AND BUILDING PLANS