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Property News Flash No 02/2020 - A SPLUMA certificate, is it or is it not required for Mzansi

Posted 01 March 2020

Stakeholders in the industry have been concerned and confused regarding whether a certificate in terms of the Spatial Planning and Land Use Management Act ("SPLUMA") is required throughout South Africa in order to transfer property.

The concern emanates from reports which state that properties to be transferred as a result of sale agreements cannot be registered without the Municipality providing a SPLUMA certificate. The SPLUMA certificate certifies that all building plans have been approved for the costing structures and that the land use rights are in order.

Despite various rumors experts in the industry and conveyancing fraternity is of the view that this is nothing but a vicious rumor.

There is no authority in support of the said rumor that by October 2020 all transfers of property arising from a sale must be accompanied by a SPLUMA certificate. Cognisance must be taken that this is indeed a requirement in the province of Mpumalanga, as various Local Authorities have amended their by-laws to make it a requirement.

Relax Mzansi, there are actual and real problems to be concerned about rather than a SPLUMA certificate!!

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