There seems to be quite a bit of confusion at the moment around SPLUMA. Let us outline why SPLUMA came into play, what it means and how you can get ready for SPLUMA when you sell your property. And let’s consider specifically the Randburg area if you are planning to sell and need some more info as to whether SPLUMA can and will affect you if you plan to sell your property.
The SPLUMA rumours
There have been rumours in the industry that no property will be able to be transferred unless a SPLUMA certificate is obtained from the Municipality and lodged with all the other transfer documents on all transactions? The idea of a SPLUMA certificate is to ensure that all improvements on the land are built in accordance with approved building plans. And these plans must comply with the zoning of the land.
Where does SPLUMA come from?
In terms of the Act, act each Municipality must have approved and adopted a single land use management scheme for its area within 5 years from the commencement date of SPLUMA. Although the Act was promulgated in July 2015 the Regulations thereto were gazetted in October 2015, which is where the October 2020 deadline has come from. In terms of SPLUMA certain property transactions would require a SPLUMA certificate to be lodged in the Deeds Office in order to transfer or finalise these transfers or transactions.
What is the current position?
Historically each province had its own set of Acts and Ordinances governing land use within its boundaries. SPLUMA brought all the provinces under one national legislation. SPLUMA provided that whiles the Act would regulate land use Nationally, each Municipality would be empowered to adopt its own by-law regulating land use and management. And this includes applications for:
- rezoning,
- township establishment,
- subdivision of land,
- consolidation of different pieces of land and
- the removal and amendment or suspension of restrictive conditions are governed by SPLUMA. And these applications must be dealt with in accordance with the processes set out in the relevant municipal by-laws for that Province.
So, what happened is that the larger municipalities drafted their own by-laws, while most of the smaller municipalities adopted a reasonably standard set of by-laws. The Municipalities of Emalahleni and Mbombela in Mpumalanga, and Polokwane in Limpopo adopted by-laws that stated, that a certificate confirming approved plans and zoning is required from the Municipality before a property can be transferred. And it is so, when you conclude a transfer in the Deeds Office which has jurisdiction over these municipalities then a SPLUMA certificate is required.
What do you need in order to obtain a SPLUMA certificate:
In order to obtain a SPLUMA certificate as the registered owner of a property, you will need to obtain the following:
- An affidavit, signed under oath by the seller, at the municipality with an application. As the owner, you will need to state that the relevant plans pertaining to the property are in order, accurate, and have been filed.
- All rates & taxes, as well as other funds due in respect of the property, must be paid up and be up to date.
- Building plans for all buildings – including a swimming pool, a Lapa (with a roof), etc. Plans need to be submitted and approved.
- The use of the property has to be in accordance with the Municipal Zoning.
- There can also be no encroachments over the building lines & property boundaries.
If not then what?
If the above is not in place, the as the registered owner(s) will need to:
- Appoint an architect or draftsman to prepare the necessary building plans for lodgement with the Municipality. Depending on the situation, a property may need to be re-zoned, and if any encroachments, these must be dealt with, which may involve demolition, relocation, the registration of servitudes, etc.
- So, while this might be a trend in the northern part of the country, Gauteng, Cape Town, and Kwa Zulu Natal have not adopted the same by-laws and do not require such a certificate before transfer.
If you live in Gauteng does SPLUMA affect you?
To sum it all up, at this point, no SPLUMA certificate is required in Gauteng, Kwa Zulu Natal, and Cape Town for normal property transfers.
Are you ready to sell a property in Randburg?
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Get in touch
So, if you need a valuation done on a property anywhere in Randburg or elsewhere in Jhb, we can help. Give us a call on telephone number (064) 549-3123. Alternatively, drop us an e-mail at kwselect@kwsa.co.za. We have a vast network of almost 1,500 top Keller Williams agents at our fingertips who are all just dying for the opportunity to partner with you to sell and conclude your property transaction in record time.
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