How SPLUMA affects Property Sellers
What is SPLUMA?
The Spatial Planning and Land Use Management Act (16 of 2013) (SPLUMA) is set to aid effective and efficient planning and land use management. It is a national law which was passed by Parliament in 2013.
The law gives the Department of Rural Development and Land Reform (DRDLR) the power to pass Regulations in terms of SPLUMA to provide additional detail on how the law should be implemented.
What is a SPLUMA Certificate?
The Deeds office requires a SPLUMA Certificate from the local authority before property registrations can proceed. All municipalities must establish a SPLUMA compliant land use scheme plan.
The Act requires that an owner of a property should have the following in place in order to receive the SPLUMA certificate:
- An affidavit, signed under oath by the seller. The document should be filed at the municipality with an application wherein the owner states 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 to date.
- Building plans for all buildings – including the swimming pool / lapa (with roof) – need to be approved and submitted. Owners will need to appoint an architect or draftsman to prepare the necessary building plans for lodgement with the municipality if the plans are non-compliant.
- The use of the property has to be in accordance with the Municipal Zoning within the municipality jurisdiction.
- There can be no encroachments over the building lines & property boundaries.
How long does it take to obtain a SPLUMA Certificate?
It could take up to three months to apply for a certificate. The sellers of a property are advised to start with the application as soon as possible, so that it doesn’t delay the property transfer process.
SPLUMA requirements give buyers valuable protection as it provides the assurance that the property they are purchasing complies with municipal specifications.
Also keep in mind that in Cape Town, Johannesburg and Tshwane, SPLUMA certificates are only required when dealing with land for development purposes, while the other provinces require it for the transfer of any property.
For SPLUMA to be implemented effectively in all provinces, will be dependant and reliant on the readiness of municipalities to implement its requirements.
Should you require a SPLUMA certificate or advice in respect of compliance, kindly contact Hammond Pole Attorneys and speak to the conveyancing department. They will gladly assist with a SPLUMA application.
For more information: MichelleO@hammondpole.co.za