Forward to Tech4Law by Allen West, relevant to Tshwane
“I have received a huge number of enquiries, from developers, town planners and estate agents due to an article that appeared in Bizcommunity. I will WhatsApp the link that has been sent to me a number of times otherwise you can google the article.
I have also checked with Pretoria Deeds Office they are not aware of any such decision and is trying to ascertain where this is coming from.
In short it states that as of October 2020, no properties may be registered as a result of a sales agreement without the Municipality providing a “SPLUMA” Certificate which certifies that all building plans have been approved for the costing structures and that the land use rights are in place.
The only certificate that we are aware of that the Municipality is obliged to issue in terms of SPLUMA is. Section 53 certificate. However, this section is very specific in that it is required as a certification for purposes of registration transactions “resulting” from a land development application. Normal sales and transfers does not result from a land development application.
However, nothing prevents the Municipalities from dealing with this in terms of their Land Ue Management by-laws as part of its Constitutional function of Municipal Planning. E.g. confirmation of land use rights for purposes of opening/registering a sectional title scheme, especially on farm portions where township establishment is may be by-passed. This type of certificate will not be a SPLUMA certificate unless SPLUMA is amended OR unless, such confirmation of rights and building plans is included as a condition of approval for a land development, but this will only apply for purposes of a section 53.
The other option is that the Deeds Registry Act 1937 is amended to include such a requirement of which we have not had any notice.
Regards
Nicolene Le Roux
Director: Development Compliance, City of Tshwane
www.tshwane.gov.za
Tel: 012 358 3299“
