NEW ACT - SPLUMA
What is all this SPLUMA about?
The Spatial Planning and Land Use Act (SPLUMA) (no 16 of 2013) was officially passed by Parliament in 2013 and was published in the Government Gazette on the 23rd of March 2015 and came into effect on the 1st of July 2015. Although the law was passed back then, it was recently announced that the regulation will finally commence October of 2020.
Here is a brief explanation of SPLUMA:
It is a national law that has been passed by Parliament. The law gives DRDLR (Department of Rural Development and Land reform) the power to pass regulations in terms of SPLUMA to provide additional detail on how the law should be implemented.
Why is SPLUMA and its regulations important?
In order to ensure that the zoning of properties match the land use, and that all buildings on the premises are in accordance with the building plans filed at the municipality, legislation has introduced the SPLUMA certificate.
This certificate would be a requirement at anytime a homeowner (of freestanding a property) wishes to sell. This will also be a requirement from the National Deeds office before any property transaction can be concluded. Both sellers and the National Deeds Office can obtain this certificate from the local municipality.
Due to the fact that this Act has not been applied in its entirety by all municipalities, costs associated to this process has not yet been finalized.
The following will be the requirements for applying for the SPLUMA certificate:
- An application filed with the municipality stating that the plans pertaining to the property is accurate, along with a signed affidavit by the seller;
- All funds (rates and taxes, etc.) pertaining to the property is paid up to date;
- All buildings on the property have been approved and submitted. If not, the seller would need to appoint an architect or draughtsman to prepare the plans for lodgement with the local municipality. These plans include swimming pools and lapas ;
- Zoning and use of property need to be in accordance with one another;
- Any buildings, or part thereof, should encroach over building lines or property boundaries.
SPLUMA and its regulations also aim at the following:
- To develop a new framework to govern planning permissions and approvals;
- Set parameters for new developments;
- Provide for different lawful land uses in South Africa.
SPLUMA is a framework law. This means it provides principles for a set of provincial laws that will regulate planning. SPLUMA also provides clarity on how planning law interacts with other laws and policies.
Looking at what has been stated above, we can surely know that SPLUMA will have a tremendous effect on sellers and the entire property transaction. Especially because the process is unfamiliar.
The good news is that you will not be alone. Should you, at any point, like to enquire how to go about the whole process, even if you just want to ensure everything is in order for any future sale of your property, I am here to help and to assist. For first time buyers, I will be happy to help make sure, the property you have your eye on, has all its ducks in a row with the local municipality. This way, we can ensure there will be no delays or any incorrect documentation, for smooth sailing of the purchase of your dream home.
