THE AFFECT OF SPLUMA ON ACTS OF REGISTRATION OF LAND SITUATED IN THE JURISDICTION OF TSHWANE

THE AFFECT OF SPLUMA ON ACTS OF REGISTRATION OF LAND SITUATED IN THE JURISDICTION OF TSHWANE

Introduction

The purpose of this note is to briefly set out the practice and procedure pertaining to diverse acts of registration affected by the Spatial Planning and Land Use Management Act, 16 of 2013 ("SPLUMA") and the Tshwane LUM By - Law.

Any land development application submitted before 1 July 2015 will not be affected by SPLUMA and will be dealt with under the legislation in terms of which it was submitted. Where this is the case the provisions in the legislation relating to consent by the Municipality for purposes of registration with the Registrar of deeds shall still be required with a proviso from the Council that section 53 of SPLUMA does not apply.

The different acts of registration will then be according to the legislation that is applicable.

Removal of Restrictive Conditions

Section 16(2) of the LUM By-law provides for the removal of restrictive conditions and the following must be provided to the Registrar of Deeds for the endorsement of the title deeds:

An Application in terms of section 3 (1) (v) of the Deeds Registries Act 47 of 1937, accompanied by:

• Notice in the Provincial Gazette;
• The affected titles;
• In terms of Section 16(f) to (i) the applicant shall deliver the notice of the removal contemplated in section 16(2) plus the provincial Gazette notice;
• The Registrar shall in terms of section 16(2)(g) endorse the title deed with the removal of the conditions - Only if there are conditions to be complied with prior to the endorsement shall a section 16(10) be required but this will be clear in the decision of the Municipality that is presented to the Registrar.

Opening of a Township Register

Section 16(4) provides for the process of the township establishment and the process for the opening of a township register and the following must be lodged with the application for the opening of a township register in terms of section 16(7) of the LUM By-law:

• Consent in terms of Act 70 of 1970(if required);
• Notification in terms of Section 16(4)(m) of the approval of the township establishment application for purposes of determining the date of validity in terms of section 43(2) of SPLUMA;
• The approved Conditions of Establishment contemplated in section 16(4)(f);
• An approved layout plan of the township;
• Certificate by Municipality that all pre-proclamation conditions have been complied with (Section 16(7)(b)) and if required the registration transaction that may be done simultaneously with the opening of the township register;
• The approved General Plan of the township;
•  Letter for an extension of time if applicable as contemplated in section 16(6) (12 months) of the LUM By-law, which extension shall not be for a period longer than 5 years as contemplated in section 43(2) of SPLUMA.

Subdivision and Consolidations

Section 16(12)(a) provides land development applications for the subdivision and consolidation of land , excluding consolidation of farm land and agricultural holdings, (first have to be excised) but including the subdivision of farm land, and the following must be lodged:

• Notification by the Municipality in terms of Section 46(1); 
• The approval of the consolidation or subdivision;
• Other consents required by virtue of other legislation;
• Certificate of Compliance with conditions of approval in terms of Section 16(10)(b);
• Extension of time in terms of Section 16(13) and (14) if not lodged within 12 months;
• Proof of new conditions from Municipality.

Opening of a Sectional Title Register

• Notification by the Municipality in terms of Section 46(1); 
• Certificate of Compliance in terms of Section 16(10)(b) or a certificate in terms of section 28 (9) of the Act to the effect that all land use is in place.

Note: For the Extension of a scheme or a unit you still need to get a section 28(9) confirmation of land use rights.

General

A compliance certificate, in terms of Section 16(10) (b) read with Section 53 of SPLUMA, will also have to be lodged for the following acts of registration:

• First transfer or registration from the township; 
• First transfer or registration from the subdivision;
• First transfer or registration from the consolidation;
• First transfer or registration from the scheme, unless section 28 (9) of the Act has already been afforded;
• Incision.
• Amendment or cancellation of a general plan.

Regards

Johan Muller