The Spatial Planning and Land Use Act (Act 16 of 2013) (SPLUMA) is a National Framework Law that was promulgated and passed in the Republic of South Africa in 2013.
In 2015 Spatial Planning and Land Use Management Regulations: Land Use Management and General Matters were issued under the Minister of Rural Development and Land Reform under Section 54 of The Spatial Planning and Land Use Act (Act 16 of 2013.
The Regulations regarding any matter that is required or permitted to be described in terms of SPLUMA ACT., which includes matter necessary and incidental to exercising powers and functions of ACT to execute any Land Development and Land Use Rights and applications. The said Act highlights the following specific development principles in terms of which all planning applications & land rights are viewed:
- Spatial Justice
- Spatial sustainability
- Efficiency
- Spatial Resilience
- Good administration
The main aim of Local Economic Development and drivers in this field is to:
- Establish a job- creation economic growth path.
- Embark on sustainable rural development and urban renewal.
- Bring the poor and disadvantaged to the center of development.
The sphere in which this SPLUMA Act operates, falls within the Constitution of RSA(1996) , Municipal Systems Amendment Act ( Act 3 of 2012) ,The Local Government Finance Management Act (Act 56 of 2003), Municipal Demarcation Act, (Act 27 of 1998), The Local Government Municipal Property Rates Act ( Act 6 of 2004) etc.
The desired outcome of the SPLUMA Act was grafted to ensure there is a coherent regulatory framework in terms of a constitutional synergy, within predictable and transparent regulatory system using inter linked planning tools and policies. (Section 51 of the Constitution of RSA). Since 1997 all land within the Republic of RSA, falls under the jurisdiction of duly established Municipalities. Each Municipality therefore also has their own Spatial Development Framework (SDF) , to promote sustainable , functional and integrated human settlements. All applications must be in line with the SDF. The SDF must give effect to National, Provincial and Municipal Planning and must include public participation. The SDF is renewable every 5 years (running with the Municipal term) and this SDF strives to be consistent with development priorities.
All zoning and land uses that the SDF caters for must be in line with a specific Land Use Management System, which is governed by a Land Use Management Scheme. The Land Use Management Systems refers to the main driver within a Municipality to meet basic development needs as stipulated in the Integrated Development Plan. All zonings and land uses are governed by a Land Use Scheme, which may differ from one Municipality to another.
Rural Land Management also falls within the ambit of the Municipality, with a focus area of integrated rural economy.
How does SPLUMA affect me as a landowner?
SPLUMA affects all properties be it commercial, industrial, residential, sectional title, share block, tribal, farm, etc. State land is also subject to the SPLUMA legislation.
Most property owners will not be aware of the requirements of SPLUMA, and it will have little effect on them as municipalities do not actively police and enforce compliance in terms of municipal requirements. However, the SPLUMA requirements affect all properties as a municipal SPLUMA certificate is required by the Banking institution , insurance industry and Registrar of Deeds prior to a land unit being transferred / registered in the deeds office. Although most transactions will be because of sale agreements, certificates will also be required for the transfer of properties from a decease estate or sale of property in execution, or any other instance where a property needs to be transferred or registered in the deeds office.
What must I do to ensure I am SPLUMA compliant?
To be SPLUMA compliant the owner of any land must ensure that the following is in place:
- Approved building plans for all buildings – including swimming pool and all structures resorting under the National Building Regulations
- The use of the property must be in accordance with the municipal zoning. For example, if your property is residentially zoned, operating a guest house from the property would be a violation of the Municipal SPLUMA By-laws.
- Ensure that there are no encroachments over the building lines and property boundaries. If you are uncertain regarding the encroachments of building lines and property boundaries, a professional land surveyor should be consulted.
How we can assist with a SPLUMA certificate
As property professionals we can assist you with the ever changing and complex legislation involving properties and property transfers specifically.
- We apply for the SPLUMA Certificate and if there are planning or land use matters that needs to be attended to , we will assist with the relevant applications . The municipality may refuse to issue a SPLUMA certificate if there is uncertainty regarding encroachments of building lines and property boundaries. In such cases it would be advisable for an owner or conveyancer to obtain a certificate from a land surveyor prior to requesting a certificate from the municipality.
- Get a draftsman / architect to ensure your building plans are in place and assist if as built plans are required by the Municipality.
- Obtain a zoning certificate to ensure the rights are in place and / or assist in obtaining the rights by launching & applying the correct application with the Municipality.
- Encroachment: Obtain a copy of your SG Diagram for your property. In the event of an encroachment, we do Land Surveying to survey to confirm and quantify the encroachment. There are various options in dealing with encroachments, including but not limited to registering a servitude for the area of encroachment, assisting in consolidation and re – subdivision to rectify the encroachment or create portions to be swopped or purchased to rectify the issue, to relax a building line at the Municipality to rectify the contravention.
- Obtain a copy of your Title Deed.
Get in touch with us today to provide you with assistance by clicking here.
