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LIFESTYLE
SPLUMA

SPATIAL PLANNING AND

LAND USE MANAGEMENT ACT

BY MELANIE BURREL

he Spatial Planning and Land Use 2. All contravention penalties have been paid;
Management Act 16 of 2013 (SPLUMA) is a 3. All compliance directives must be adhered to;
Tnational law that was passed by Parliament 4. The land and the building constructed on the land
in 2013. The law gives the Department of Rural unit need to comply with the requirements of the
Development and Land Reform(DRDLR) the land use scheme;
power to pass Regulations in terms of SPLUMA 5. All conditions of approval of any land development
and to provide additional detail on how the application must have been complied with.
law should be implemented. The final version
of these Regulations (Regulations in terms of Since June 2017, the Deeds Office in Nelspruit
SPLUMA GG 38594 GN R239) was published on requires a SPLUMA certificate with every transaction
23 March 2015. The law came into effect on 1 July lodged in the deeds office, irrespective of its nature
2015, while a commencement date for the or character. Non-compliance with the requirements
Regulations are yet to be published. of a SPLUMA certificate can have a serious delay in
finalising the transaction/transfer.
SPLUMA aims to develop a new framework to govern
planning permissions and approvals, sets The question is therefore, how do we ensure that
parameters for new developments and provides for clients properties are SPLUMA compliant?
different lawful land uses in South Africa. The law 1. Approved building plans for all buildings, including
is important because the repeal of many apartheid swimming pools, carports and the like would
era laws has left our planning laws fragmented, have to be lodged and approved as per the actual
complicated and inconsistent. For this reason, section structures on the property and ensure that there are
3 of SPLUMA says that the law tries to develop a no breaches over the building lines of the property
‘uniform, effective and comprehensive system’ boundaries.
of planning that ‘promotes social and economic 2. The use of the property must be in accordance with
inclusion’. Spatial planning systems refer to the the Municipal zoning, for example if it is used as a
methods and approaches used by the public and business it should be zoned as such and should not
private sector to influence the distribution of people be zoned for residential use only;
and activities in spaces of various scales.
The Pretoria and Johannesburg Deeds Office
SPLUMA sets the principle that all land development currently only requires a SPLUMA certificate when the
applications must be submitted to the local land use right is changed, for example when:
Municipality as the authority of the first instance. 1. New sectional title schemes or townships are
Each Municipality must draft, present and approve established;
bylaws which will only be applicable to the relevant 2. With the Subdivision or consolidation of existing
Municipality. land or stands;
3. Extension of an existing sectional title unit.
A requirement introduced by SPLUMA and accepted
by Deeds Registries throughout South Africa is the The general view is that it wouldn’t be too long before
production and lodgment of SPLUMA certificates the Pretoria and Johannesburg Deeds Office and local
confirming that: municipalities require a SPLUMA certificate for every
1. All funds due by the owner in respect of the land transaction. It is therefore advisable for clients to
has been paid; become SPLUMA compliant sooner, rather than later.
Credits: Snyman de Jager Attorneys, Pretoria

Melanie has resided on the Estate for the past 12 years. She decided on a career change in 2003 and
her passion for people, beautiful homes and a balanced work-life made real estate the obvious choice.
Obtaining her NQF4, PDE, and NQF5 and joining Apple Property Connection in 2013, Melanie prides
herself in her total commitment and high professional standards.

Finding clients their dream home is an extremely fulfilling experience for Melanie, an experience she
values and feels privileged to be involved in. Her firm belief of “what you put in is what you get out” is a
hallmark in her career in real estate, and she has certainly emulated this ethos.
Melanie Burrel can be contacted at melanie@appleproperty.co.za 082 653 5568

Photographed by Ivan Muller www.ivanmullerphotography.com 082 454 8487
Cornwall View • Issue 2 2019 5

Cornwall Hill Issue 2 2019.indd 5 2019-03-28 10:10:01 AM