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“ I f you think education is expensive, try ignorance”

MCademy. “ I f you think education is expensive, try ignorance”. Legal issues pertaining • Building plans • Sectional plans • Zoning & property rights 24 April 2013. Multidisciplinary nature of problem. Legal. Town planning. Agent. Surveyor. City Council. Architect.

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“ I f you think education is expensive, try ignorance”

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  1. MCademy “If you think education is expensive, try ignorance”

  2. Legal issues pertaining • •Building plans • • Sectional plans • • Zoning & property rights • 24 April 2013

  3. Multidisciplinary nature of problem Legal Town planning Agent Surveyor City Council Architect

  4. Multidisciplinary nature Property law is complex Architects Surveyors Work together Town planners Conveyancers Agents

  5. Purpose of seminar 1. Hear from experts – other fields 2. Answers on FAQ 3. Give direction future

  6. Sonja du Toit Skills & Expertise Conveyancing Property Law Commercial Contracts Sectional Title Development Township Establishment Notarial Work Education University of Pretoria LLB (Cum Laude), 1999 - 2000 University of Pretoria BLC (Cum Laude), 1996 - 1998 Director at M.C. van der Berg Incorporated Attorney, Conveyancer & Notary

  7. SECTIONAL TITLES

  8. 1. How did sectional titles originate? 2. Differences between sectional title and full title 3. Opening of a sectional title scheme 4. Terminology 5. Extension, subdivision and consolidation of a unit

  9. 1. How did sectional titles originate? • Definition of property ito common law: • - Ground • - Structures attached thereto • Shortcoming of the definition • - no ownership of “flat” • Solution to the problem • - Previously: share block schemes • - Sectional titles act

  10. 2. Differences between sectional title and full title Sectional title Full title • Owner of the unit & undivided • share in common property • Body corporate – • all owners are members • Consent by body corporate, • building plans and new sectional • title plans for improvements • Rates & taxes and consumption • payable to local municipality • Owner of erf and structures • attached thereto • No body corporate • Can improve the property with • approved building plans • Rates & taxes and consumption • of water & electricity payable to • local municipality

  11. Example: 93 ÷ 231 = 0,402597 x 100 = 40,2597 138 ÷ 231 = 0,597403 x 100 = 59,7403 If levies are R5 000 per month: Unit 1 pays: R5 000 x 40,2597% = R2 012,98 Unit 2 pays: R5 000 x 59,7403% = R2 987,02

  12. 3. Opening of a sectional title scheme • • Sectional title plans • - drafted by surveyor • approved by surveyor general • • Application drafted by conveyancer • • Annexure 8 and 9 to sectional titles act: Rules • • Lodge at deeds office • • Separate titles: Certificate of registered sectional title

  13. 4. Terminology Unit Section Common property Exclusive use ( sect 27) Right to extend

  14. Unit:Section + undivided share in common property • Section = house • Common property: Areas surrounding unit • Exclusive use ( sect 27) • in terms of notarial in terms of rules • deed of exclusive use • Real rightcannot be bonded • can be bonded

  15. Right to extend: addition of more units • -Developer • - On opening of scheme • - For a specified period • - Horizontally or vertically

  16. 5. Extension, subdivision & consolidation of a unit • Extension of a unit (Usually problem with duets) • - In addition to building plans • - Consent body corporate • - Approved surveyor general plans • - Application to extend – conveyancer • - Letter by surveyor - 10% or less increase in • participation quota • - More than 10% - consent by all bondholders • - Effect on exclusive use areas • Simultaneously with transfer • Also possible to subdivide and consolidate units

  17. Lydia Lewis Skills & Expertise Strategic Planning and Integrated Planning Township Establishment Applications Development Control applications Development Investigations and Advice Urban Renewal & Township Designs Due Diligence studies / Property Audits Education & Membership University of Pretoria B(TRP) 1991-1994 Professional Planner: South African Council for Town and Regional Planners (TRP(SA)) South African Planning Institute (SAPI) South African Association of Consulting Professional Planners (SAACPlan) Managing Member of Velocity Townplanning & Project Management

  18. TOWN PLANNING IN GAUTENG101

  19. Introduction to town planning Why Town Planning? Spatial / Strategic Planning Town Planning Schemes Types of land use applications Professions involved Process Applications Land Development Requirements (LDR)

  20. Introduction to townplanning

  21. Introduction Lydia Lewis B(T&RP) UP, TRP (SA) Member of: - The South African Council for Planners (SACPLAN) - The South African Planning Institute (SAPI) - South African Association of Consulting Professional Planners (SAACPP) A broad overview of town planning, terminology, processes, land use management and other useful information.

  22. Why Town Planning?

  23. Town and Regional Planning is the process of making decisions on the development and use of land. It is a tool for guiding and facilitating development and regeneration in a way that also preserves the best features of our environment. • Thus: What may happen where in the city, and how much of it.

  24. Spatial / Strategic Planning

  25. Strategic planning,(forward planning) • - Regional Spatial Development Frameworks (RSDF) • - Local Development Frameworks (LDF) • - Spatial Development Plans (SDP). • Planning authorities use these documents to control development and determine planning applications. • Very important developing tool. • - Uses • - Densities, etc • Policies • Guest House, Creche, Commune, Second Dwelling, Home Office, etc. • Environmental

  26. Spatial Development Plan / Framework

  27. Town Planning Schemes

  28. Land uses are managed by what are known as Town-planning schemes. • Each municipality has its own, unique Town-planning scheme • Tshwane is using The Tshwane Scheme of 2008. • Title Deeds • In addition to the zoning regulations, development is also controlled by conditions of title. These conditions are set out in the Title Deed of each property, and can restrict the way in which a property may be developed. • “The erf may not be subdivided, except in special circumstances, and with the written permission of the Administrator”. • “The erf may only be used for the purpose of a residential dwelling...”

  29. Town Planning Schemes • (Land use management) • Residential 1 • Residential 2 • Business 1 • Business 2 • Business 3 • Business 4

  30. Types of land use applications • Township Application • Any property with the zoning of “agriculture” are subject to a township establishment application in terms of that area’s Town Planning Scheme

  31. Professions involved A land use application is a comprehensive action that includes critical information from many professional disciplines. - Environmental consultant - Land surveyor - Electrical Engineer - Civil Engineer - Traffic Engineer - Geotechnical Engineer - Conveyancer - Town Planner

  32. Process • After all the information of the abovementioned professions became available, the TP can commence to design the plan. The layout plan is the end result of all information available.

  33. Rezoning Application • - A rezoning application is basically when you want to change the zoning (use) of your current erf to a different zoning, or if you want to increase the bulk (fsr) or density of your property. • Done in terms of the Town Planning Ordinance, 1986. • In line with Spatial Framework? • Every individual erf has it’s own zoning • (no blanket zoning). • Timeline • Costs

  34. Process (public participation, council circulation, external circulation) • Submission (including the Bondholder’s Consent). • Advertised in the Provincial Gazette and 2 other newspapers • for two consecutive weeks • Site notice is displayed on site for 14 days. • Period for objections is 28 days. • Application is distributed to the different departments of the • Municipality. • - Comment period is 60 days from submission. • The City Planning Division makes a recommendation which • is referred to the applicant for comments. • The application is approved and the amendment scheme is • promulgated in the Provincial Gazette

  35. Zoning Certificate

  36. A rezoning application is subject to certain bulk services • Contributions payable to local authority. • Bulk services contributions can be regarded as taxes • levied by the local authority • for the increase in the capacity of the existing • storm water drainage • sewer system • water provision • electrical network • upgrading of roads • due to the rezoning application and is determined according to the area / ”bulk” of the new development. • From “Residental1” erf to “Business 4” erf = ± R100 000-00

  37. Consent Use Application • When? • rezone • consent use application • Is not a permanent right. • A Consent Use application in terms of the relevant • Town Planning Scheme.

  38. Removal of Restrictive Conditions Application • The importance of title conditions as development control measures has • diminished over the years • due to implementation of more effective & flexible policy documents & laws such as Town Planning Schemes and Municipal Ordinances. • - Building Lines • - Uses • - Building Materials, etc.

  39. Subdivision Application • A subdivision application is done when you want to subdivide an existing erf into two or more parts. • Things you must consider when you want to subdivide: • - Density policy • - Restrictive conditions in the title deed • - Servitudes • Time & Costs

  40. Consolidation Application • When you want to consolidate two or more portions with each other.

  41. Things you must consider when you want to consolidate: • - Same rights • - Same owner • - In the same township • Notarial ties • Application • advertised in the press or on the property itself • the approval thereof is left to the discretion of the Council • - Section 38 process

  42. Other Applications • Purchase of Council land • Second dwelling • Relaxation of building lines • Advertisements along the Provincial / Gautrans Roads Etc.

  43. Land Development Requirements (LDR) What is LDR’s? The rules which you must oblige to in order to do a development on a specific site. Specifically set out in every Town Planning Scheme

  44. Includes the following: • Landuse • Coverage • Density • Floor Area Ratio or FAR (FSR) • Height • Parking Requirements • Building Lines

  45. Eamon Swart Skills & Expertise Township Establishment Sectional Title Practitioner Replacement of Erf Beacons Education University of Pretoria BLandm (Cum Laude), 1988 - 1992 Land Surveyor

  46. S V R Land Surveyors 246 Willem Botha WierdaPark 012 654 9769

  47. Introduction Role of Land Surveyor What does a Land Surveyor do? Requirements before submission to Surveyor General Sectional Titles Extension of Section

  48. Role of Land Surveyor

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