Primary Transfer Toolkit
Land / Legal Toolkit
Land / Legal Toolkit
  • Preamble
  • Overview
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  • LAND & PLANNING REGULARISATION TOOLKIT
    • Step 1: Land and Development Rights Audit
      • 1.1 Legal Status of Underlying Land Project Outside Figure
      • 1.2 Land Legal Constraints
      • 1.3 Other Constraints
      • 1.4 Review Development Approvals/Consents
      • 1.5 Identification of Amendments to Development Approvals/Consents
      • 1.6 Procedures to Confirm Developmental Approval/Consent Amendments
      • 1.7 Determine Rights to be Expropriated
      • 1.8 Prepare Business Plan
    • Step 2: Registration of underlying Land and Township Establishment
      • 2.1 Develop brief for Town Planner to achieve Township Establishment/Amendment
      • 2.2 Develop brief for Land Surveyor & Conveyancer to Effect Land Assembly and Transfer of Title
      • 2.3 Develop generic Procedural Process to procure notice of Expropriation if required
      • 2.4 Legislative interventions
    • Step 3: Satisfying all conditions arising from SPLUMA and NEMA RoDs
      • 3.1 Identify Outstanding Tasks / Actions
      • 3.2 Develop Generic Process to Procure SPLUMA Certificate
    • Step 4: Vesting of roads and public places and registration of individual title
      • 4.1 Develop procedures for Municipality and Conveyancer to effect vesting transfers
      • 4.2 Develop procedural flow chart to ensure project close out
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  • Where does the Land and Planning Regularisation Toolkit (Land / Legal Toolkit) find application?
  • What then is its primary purpose?
  • How are the procedural steps executed?
  • How are the costs provided for in the case of ‘blocked’ Projects?
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Preamble

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Last updated 3 years ago

Where does the Land and Planning Regularisation Toolkit (Land / Legal Toolkit) find application?

This toolkit finds application to new Housing Projects and to Housing Projects where the transfer of ownership to Beneficiaries has not been effected.

What then is its primary purpose?

  • To assist officials and professionals involved in housing projects to systematically address the complexities of assembling land parcels that make up the Project Area including the complex linkages to the Development Rights that must be obtained.

  • In the case of ‘blocked’ Projects, to systematically audit the status of such Projects and to formulate a specific strategy (legal and administratively) to ‘unblock’ the Project to enable the transfer of ownership to be effected in the shortest time frame.

How are the procedural steps executed?

The steps proposed may be executed in parallel with each other but certain steps cannot be concluded before other steps are concluded – this is set out in the Toolkit.

How are the costs provided for in the case of ‘blocked’ Projects?

  • On completion of the audit a business plan must be prepared in order to determine the funding that will be required ‘over and above’ what is left, if any, of the Project Budget in terms of the the National Housing Subsidy Scheme.

  • Then an immediate engagement with the Provincial Department of Human Settlements must commence in order to secure additional funding according to the Business Plan prepared.

The Land and Planning Regularisation Toolkit was developed by Peter Hoffman and Chris Carter from GeoAfrika with funding from the IFC supported by SECO and the World Bank Group.