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Pretoria Registrar's Circular 11/2013

31 October 2013

1. Purpose
To provide clarity regarding the lodgement of rates clearance certificates in respect of:

  1. Opening of schemes
  2. Phase development 
  3. Subdivisions
  4. First transfers from townships

2. Lodgement of Rates Clearance Certificates

a) Opening of a Sectional Title Schemes
1. On opening of a sectional title scheme WITHOUT any simultaneous transfers of units and/or cessions of EUA, NO Rates Clearance certificate is required.

2. On opening of a sectional title scheme WITH simultaneous transfers of units and/or cessions of EUAs, a rates clearance certificate is required for the units and/or EUA’s. lf a local authority is not in a position to issue a rates clearance certificate for a unit and/or an EUA the examiner must accept a letter from the relevant local authority stating that the particular property or right to be transferred or ceded is not yet ratable together with a rates clearance certificate for the land.

b) Registration of a Phase Development
1. On registration of a phase development in a sectional title scheme WITHOUT any simultaneous transfers of units and/or cessions of EUA,NO rates clearance certificate is required.

2. On registration of a phase development in a sectional title scheme WITH simultaneous transfer of units and/or cession’s of EUA’s a rates clearance certificate is required for the units and/or EUAs.

If a local authority is not in a position to issue a rates clearance certificate [or a UNIT or EUA, the examiners must accept a letter stating that the particular property or right to be transferred or ceded is not yet ratable.

No rates certificate for the land is required once a body corporate has been established —see section 15 B (3)(b) and RCR 58/2009

c) Subdivisions
With regard to transfers from a general plan of subdivision in terms of Section 3(1) (t) Act 47/1937 or first transfers of any newly created portion of an erf or farm depicted on a sub divisional diagram the following rules will apply:

1.1 Rates Clearance certificate for the specific portion or erf must be lodged,

Or

1.2 The examiner must accept a rates clearance certificate for the parent property, no letter is required.

d) Township
With regard to first transfers from a township title the following rules will apply:-

1.1 A rates clearance certificate for the specific erf or erven must be lodged,

Or

1.2 A rates clearance certificate for the remainder of the township,

Or

1.3 A rates clearance certificate for the farm on which the township was laid out accompanied by a letter from the local authority stating that the particular property to be transferred is covered by the clearance certificate that was issued

3. Registrars Circular no 1/2011 4/2012 8/2013 and 9/2013 are hereby withdrawn.

Pretoria Registrar's Circular 11 of 2013

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