SPLUMA certificates required for property transfers in Mpumalanga
SPLUMA stands for the Spatial Planning and Land Use Management Act, and SPLUMA certificates are governed by the act together with the by-laws of each local municipality.
In Mpumalanga, all municipalities have issued by-laws relating to SPLUMA certificates and the transfer of property, with the result that no property transfer will be registered in the province without a SPLUMA certificate being lodged.
What is the purpose of SPLUMA?
The aim of the legislation is to enable municipalities to regulate land use to ensure that:
- The zoning of the property matches the land use.
- All the buildings on the premises are built in accordance with approved building plans.
- There are no encroachments.
- All development charges or engineering services due on the property or properties have been paid.
What is needed to obtain a SPLUMA certificate?
In order to assess the property and provide the SPLUMA certificate for lodgement, each municipality requires that a fee be paid and the following documents be submitted:
- An affidavit provided by the relevant municipality and signed by the seller, wherein the seller declares that the relevant plans pertaining to the property are in order, accurate, and have been filed with the local municipality.
- An application provided by the relevant municipality, which contains the information of the property and the sale, as completed by the conveyancer.
- Proof of payment of the required fee.
- In some instances, approved building plans and an occupational certificate.
- Where the property is registered in the name of a trust, the Letters of Authority.
The processing and issuing of a SPLUMA certificate takes about 21 working days from the date of submission of the application, proof of payment and supporting documents. This needs to be taken into account when applying for clearance figures.
Should the SPLUMA application be rejected for any reason, the parties to the sale agreement will have to enter into an agreement with the municipality in which they undertake to bring the use of the property/plans of the property in line with legislation. They will also have to agree on who will bear the costs associated with compliance e.g. the architect/surveyor’s fee and the fee for obtaining consent and registering a registration encroachment.
Written by Wessel de Kock
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