Primary Transfer Toolkit
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Land / Legal Toolkit
HomeBeneficiary Administration & Transfer ToolkitLand / 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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  1. LAND & PLANNING REGULARISATION TOOLKIT
  2. Step 1: Land and Development Rights Audit

1.7 Determine Rights to be Expropriated

Previous1.6 Procedures to Confirm Developmental Approval/Consent AmendmentsNext1.8 Prepare Business Plan

Last updated 2 years ago

Where land and any other rights in land cannot be acquired/accommodated by negotiations then such rights may be expropriated.

The time scale to obtain the necessary authority to expropriate right(s) generally is in excess of six months.

What are the 'Show Stoppers’?

  • Lack of support from the Municipal Council and/or Expropriating Authority.

  • The compensation payable, if not budgeted for by the developing authority, generally the Municipality.

  • Lack of alternative accommodation where the form of compensation is alternative housing/accommodation.

  • Unresolved land claims.

The seventh of eight steps in the Land and Development Rights Audit phase.