The Spatial Planning and Land Use Management Act, 16 of 2013, aims to provide a framework for spatial planning and land use management in South Africa. The provisions of this act and the regulations promulgated under it may have an impact on the sale of fixed property from deceased estates in certain circumstances.
FISA member Nico Botha dealt with an estate recently where land zoned as farm land fell within municipal boundaries. Before the land could be transferred to the heirs, a certificate under the provisions of this act was required to confirm that all structures on the land were according to plans lodged with the municipality.
With new property developments no transfer to a new owner can be effected without such a certificate. Click here for a recent article on Netwerk24 on this topic.