Icompli2sell

18/11/2022

According to SANS 10407: 2015 Edition 2 all thatch roof structures should be approved on plan by the city council. Your lapa must be built according to these SANS regulations, designed by a competent person (SACAP Registered) and approved by a Professional Engineer.

Should your lapa be larger than 20 m² the Fire Department will require a Fire Report prepared by a Fire Consultant. The reason for this is to ensure the lapa is fireproof and adheres to the safety standards as prescribed by them.

If you are in the process of selling your property, we advise that you confirm if your lapa is approved on your existing building plans. Contact iCompli2sell on 082 886 4709 or [email protected] to assist with any thatch roof matters.

23/09/2021

What you need to know about home enterprises and working from home...

If you are considering to operate your business from home, or if you have already made this transition, it is important to understand the legal aspects of your Home Enterprise. A Home Enterprise is defined as the practice of an activity, business, hobby or occupation with the aim of deriving an inco...

13/09/2021

MUNICIPAL ZONING LAWS VERSUS COMMERCIAL USE OF PROPERTY

In a recent court case decided in the High Court of South Africa, Limpopo Division, the importance of keen consideration for zoning laws and bylaws within a specific region, was once more highlighted. The aforementioned case, “Investec Property (Pty) Limited v China City Limpopo (Pty) Limited and Others”, established an important precedent regarding the prioritisation of the use of a property for commercial/ retail purposes, versus the industrial use thereof as determined by a town planning condition.

In the abovementioned case, a lease agreement was concluded between the Applicant and the Second Respondent. In terms of a clause of the main lease agreement, the Second Respondent was entitled to use the property for the purpose of conducting its business- with the condition that such use did not contravene any town planning conditions or any laws or bylaws applicable to the property.

The Polokwane/ Perskebult Town Planning Scheme, 2016 (hereafter "the Scheme") however did find application on the matter as the Scheme allowed for only the following primary land uses: “Warehouse, Builder's Yard, Mortuary, Industry, Public Garage, Service Industry, Panel Beating and Scrap Yard”. Any secondary land use rights had to be acquired through written consent from the Municipality.

The Spatial Planning and Land Use Management Act 26 of 2013 (hereafter referred to as "SPLUMA") is also to be considered and states that:"(1) An adopted and approved land use scheme-

(a) has the force of law, and all land owners and users of land, including a municipality, a state-owned enterprise and organs of state within the municipal area are bound by the provisions of such a land use scheme;
(2) Land may be used only for the purposes permitted-
(a) by a land use scheme;
(b) by a town planning scheme, until such scheme is replaced by a land use scheme; or
(c) in terms of subsection (3)".

The subject property was zoned "Industrial" in terms of the zoning certificate. It is furthermore common cause that the First Respondent did not conduct any of the abovementioned businesses on the subject property, but instead conducted retail-based business, which is in contravention with the Scheme and SPLUMA. The court therefore ordered in favour of the Applicant and the respondent was interdicted from conducting any retail activities on the property.

In conclusion, the abovementioned case is important to take note of, in that it sets out the significance of considering potentially restrictive town planning conditions and zoning-related laws, bylaws and ordinances before entering into a new lease agreement.

Best regards,
The MC-Team

03/09/2021

Duet owners in Pretoria East - TAKE NOTE!

The promulgation of The Tshwane Land Use Management (SPLUMA) By-Laws in 2016 introduced the requirement to obtain a Section 28(9) (“SPLUMA”) certificate for sectional title units to certify that the land use is in line with the relevant Town planning scheme when an application is brought to amen...

27/08/2021

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27/08/2021

19/02/2021

Read more here about the legal position of building plans...

The current legal position is that there is no legislation prohibiting transfer and the deeds office does not require approved building plans for a property before it registers a property in the name of the purchaser. The lack of updated approved building plans is a latent defect, covered by the voe...

04/09/2020

Spluma certificate and building plans

The Spatial Planning and Land Use Management Act (SPLUMA) is a national act that was gazetted in October 2015.

There are articles circulating on various platforms that cause confusion regarding a so-called new requirement in terms of SPLUMA. According to these articles every property transfer (nationwide) will require a SPLUMA certificate as from the 20th of October 2020 that confirms that building plans on the property to be transferred is up to date. These articles are incorrect and false.

The confusion arises from the fact that in terms of SPLUMA all municipalities must establish a SPLUMA compliant land use scheme plan within 5 years of the gazette date, which is 20 October 2020. Aside from the municipalities in Mpumalanga, no other municipality’s bylaws require a certificate in terms of SPLUMA with each property transfer.

As such a SPLUMA certificate confirming that building plans are in order will currently only be required on property transactions in the Mpumalanga Deeds Office, and no other Deeds Office. It is also not envisaged that such a requirement will soon be implemented in Gauteng either.

Although this may sound like good news, the requirement of approved and up to date building plans are increasingly becoming a hurdle in property transactions as more and more purchasers make this a contractual requirement and banks are increasingly incorporating this requirement as a pre- registration condition.

In order to ensure that a property registers without any hassle, sellers must rather ensure that their building plans are in order.

The aforementioned must not be confused with a certificate in terms of SPLUMA that confirms the rights on a property. This certificate is still required in all cases where confirmation of land use is required for example in the case of an extension of a sectional title unit.

Do not hesitate to contact icompli2sell to assist sellers with building plans, Spluma certificates or any other regulatory requirements.

Best regards,

The MC-Team

04/09/2020

Ever wondered what "bulk contributions" mean? Read more here:

When a rezoning, removal of restrictive conditions, subdivision, consolidation, permission or consent application is considered by the City Council, “Conditions of Approval” are issued by the various city departments indicating bulk services contributions that should be paid by the owner/develop...

17/08/2020

Considering to subdivide your property? Make sure you are aware of your property's minimum erf size.

Some “Residential 1” zoned properties are subject to a “minimum erf size” which prohibits the subdivision of a property without formal approval of the municipality. A “minimum erf size” condition is generally applied to an entire township (or “neighbourhood”) to avoid densification a...

17/07/2020

What is a "Town Planning Scheme"?

A land use scheme or town planning scheme is a tool used by municipalities to guide and manage development according to the vision, strategies and policies of the Spatial Development Framework (SDF) to promote sustainable development and quality of life within municipal boundaries. A municipality’...

26/06/2020

What is SPLUMA? Read more here:

SPLUMA, the Spatial Planning and Land Use Management Act, is a national law passed in 2013. It acts as a guide and framework that governs: Planning permissions and approvals; Sets parameters for new developments; and Provides for different land uses in South Africa. SPLUMA provides clarity on how pl...