A last-minute rush to comply with statutory requirements is one such pitfall to avoid. Beware therefore of the possibility that you will soon need (in some parts of the country you may already need), to lodge before transfer a formal “SPLUMA” (Spatial Planning and Land Use Management Act) certificate of compliance. SPLUMA, without getting too technical, provides a framework for all provinces and municipalities to pass laws governing land use and development.
There is (at date of writing) some confusion over what is actually required, and although currently a formal certificate of compliance seems to be necessary in some municipal areas only, there is a suggestion that the requirement will apply everywhere by October 2020.
It pays to comply anyway!
The important thing however is that - regardless of statutory requirements - you won’t want any problems with your buyer down the line complaining about unlawful building work or zoning contraventions. So it makes sense to ensure that you are fully compliant well before you start any sales process.
Take professional advice (in good time so you can take corrective action if you need to) and make sure that –
Building plans for all structures have been approved,
Your property’s use complies with its zoning, and
- There are no encroachments over building lines and property boundaries.
Jack Crook, Director at DotNews, is well known to law firms as the author of LawDotNews since 2005. Jack’s legal qualifications (LLB Lond and LLB Rhod) are supplemented by many years of practical experience in law, in marketing his own firm, and in helping other small and medium sized professional firms to prosper by using simple, low-cost, effective marketing strategies.
Contact us on 086 110 5904 (or email [email protected]) for more on the Lexis Marketer platform, setting up a free LexisConvey client calculator and other LawDotNews services