Following the recent drive by the municipality to demolish illegal structures, the six-letter word Spluma (Spatial Planning and Land Use Management Act) surfaced again.
“Spluma is here to stay, and the sooner we all familiarise ourselves with the law, the better it will be for all future transfers of properties,” said town planner Ms Laurette Swarts from Korsman & Associates Inc.
Korsman & Associates Inc is a town-planning firm specialising in land use applications and assisting the public with problems arising from non-compliant certificates issued by the local municipality.
“We assist the public with obtaining zoning certificates, building plans, and a formal response on what potential problems a property owner might face when they want to sell their property,” Swarts said.
She explained that the Spluma Act came into operation in 2013. One of the regulations under the act was that each municipality should draft its own municipal by-laws in terms of the act.
In 2016 Emalahleni Local Municipality proclaimed the Emalahleni Municipal By-law on Spatial Planning and Land Use Management and in terms of these conditions as set out in the by-laws one of the conditions, specifically Section 86 has to do with the transfer of properties.
“This is currently only enforced by the Deeds Office in Mpumalanga, making it compulsory for the registration of properties within this province,” Swarts said.
For the municipality to issue a Section 86 Spluma certificate, the following must be in place: Approved building plans, a clearance certificate, and all land use operating on site must be in line with the proclaimed zoning, confirmed by a zoning certificate issued by the council.
Swarts said what the public needs to note is that due to past mistakes, that is people constructing a building without plans or operating land uses without approval, all of this has placed more and more strain on a bulk service system that is already over its capacity.
This makes it difficult for the municipality to determine the demand for basic services.
“The Section 86 Spluma certificates should rather be seen in a positive light as it gives the new buyer of a property the surety that all structures and land uses operating from the site is in line with the Emalahleni Land Use Scheme.”
Swarts advised the public to go to the council and obtain a copy of the building plans of your property and make sure that the building plans that are approved are also in line with what is happing on-site, the same goes for the land use rights of your property.
For example, a normal residential property that is zoned “Residential 1” may only be used for a dwelling house and a bed and breakfast, but the bread and breakfasts are limited to only three rooms.
If a garage has been converted into a granny flat, one needs to apply to the council for special consent to accommodate an additional dwelling.
If you need advice, visit Swarts and her team at 14 Bethal Street in Model Park.
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