Real Estate Investor Magazine South Africa July 2015 | Page 35

LEGAL

Land Use Rights
The new implications of SPLUMA
for your property development
BY NADIA VAN ZYL

A

s from 1 July 2015, property investors can
expect the implementation of the new Spatial
Planning and Land Use Management Act
(SPLUMA) - Number 16 of 2013. SPLUMA will be
adopted as the primary legislation for the governance
and management of property development.
The execution of SPLUMA hopes to eradicate all
previous unsustainable development patterns that were
incited by the old order apartheid legislation. Most
land use change applications submitted after 1 July
2015, will be lodged in terms of SPLUMA.
Prior to the implementation of SPLUMA, all
applications for land use rights, had to be submitted,
inter alia, in terms of the Development Facilitation Act
(DFA), the Town Planning and Townships Ordinance,
15 of 1986, and the Removal of Restrictions Act. The
DFA was declared as partially unconstitutional, hence
the need to implement SPLUMA. Now, property
developers who wish to acquire land use rights to
develop potential investments, will be able to obtain
these rights via SPLUMA.
SPLUMA officially takes precedence over all
provincial legislation. Any contradiction between
SPLUMA and provincial legislation, for example,
the Ordinance, will render the provincial legislation
inapplicable. Complete adherence to SPLUMA will
be required if land use rights are to be obtained. The
impact of SPLUMA will therefore affect all property
developers nationwide.
The legislator of SPLUMA is aware that various
applications already submitted in terms of the DFA,
are still pending. The Act thus makes provision for the
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finalisation of such applications, in terms of SPLUMA
by a date to be determined by the Minister. Any new
land use rights applications must be revised by the
relevant municipality first. Completed applications
will then be categorised, processed and subjected to
three phases. Applications must be finalised within
16 months by a Municipal Planning Tribunal (MPT),
opposed to the previous Town Planning Committee
(terms and conditions do apply). Any disputes
regarding service contributions will also be dealt with
within this timeframe.

“With the new implementation
of SPLUMA, it is envisioned
that property development will
accelerate.”
If a property investor is dissatisfied with the decision
of the MPT, an appeal may be lodged within 21 days,
after which the Municipal Planning Appeals Tribunal
(as opposed to the previous Provincial Townships
Appeal Board) will revise the appeals lodged, as well as
any undue delay present at that stage.
With the new implementation of SPLUMA, it is
envisioned that property development will accelerate
and that any segregation caused by the past will be
rectified.

RESOURCES

Le Roux Van Zyl Inc.
JULY 2015 SA Real Estate Investor

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