Property 24/10 - 495

Extension of development rights to cut through SPLUMA red tape for developers
The Western Cape Property Development Forum (WCPDF) has welcomed what it calls a "paradigm shift" by the government that sees eased conditions for developers.

The National Minister of Agriculture, Land Reform and Rural Development, Thoko Didiza, has responded to to ongoing calls to limit the red tape that has been stifling the property and construction industry and impacting severely on much-needed job creation.

An exemption to the Spatial Land Use Management Act (SPLUMA) of 2013, has been granted affecting the validity of land use rights for development, usually set for 5 years. The exemption will now instead enable Western Cape municipalities to amend their own planning bylaws so as to permit the granting of development rights for a period of 10 years.

When is eviction legal? 'I'm tired of arguing when I expect my rental'
Renting out a residential property is a great source of income, if managed correctly. But, even with the most stringent checks and approval processes, it’s still possible to end up with a bad tenant - a tenant that then needs to be evicted.

A reader whose name is known to Property24 contacted us to find out about the legalities of issuing an eviction order."I stayed with my boyfriend for 19 years in the house that I bought through the bank, which I am still paying the bond for."

She and her boyfriend however decided to split up about a year ago. Despite the break up, she agreed to allow him to rent her house. While she says she only had a verbal lease agreement, things went more awry when the former partner started lapsing on his payments.

"In February he paid nothing and he said his co-tenant did not pay the rental. I had to pay the bond, levy and other house expenses from my pocket, while he is staying in the house with his co-tenant," says the reader.

Understanding all the changes to Cape Town's new By Laws and how they affect you
Single residence rezoning, changes to short term rentals, minimum parking requirements reduced, while validity period for approval of land use extended - here's what you need to know.

A number of significant amendments to the City of Cape Town’s Municipal Planning By-laws of 2015 took place earlier in February, impacting both home owners and property owners - especially so in the hospitality industry who offer short-term and holiday accommodation.

Claude McKirby, Southern Suburbs Co-Principal for Lew Geffen Sotheby’s International Realty says, “For the most part it’s good news and certainly beneficial to property owners, but it’s imperative that people ensure they understand the criteria of the applicable by-laws and what is required of them in terms of compliancy.”

How to re-sell a former ‘life right’ unit in a retirement scheme
The Life Rights concept was introduced to SA way back in the 1970s, but many local consumers are still not sure how it works – and how exactly it differs from a sectional title, full title or share block purchase.

Gerhard Kotzé, MD of the RealNet estate agency group, a person who buys a life right in a retirement village is quite simply purchasing the right to occupy a particular home in that village for the rest of his/her life. “And when couples buy, that right extends to the last surviving spouse and cannot be otherwise terminated by anyone except the buyer.

“What is more, the rights of those who buy into life rights schemes in SA are specifically protected by the Housing Development Schemes for Retired Persons Act (HDSRPA), which states that life right holders enjoy the same rights as if they had entered into a registered long-term property lease.

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