Primary Transfer Toolkit
Land / Legal Toolkit
Land / Legal Toolkit
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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 2: Registration of underlying Land and Township Establishment

2.3 Develop generic Procedural Process to procure notice of Expropriation if required

Previous2.2 Develop brief for Land Surveyor & Conveyancer to Effect Land Assembly and Transfer of TitleNext2.4 Legislative interventions

Last updated 3 years ago

Expropriation process

(by Municipalities for Housing Development in terms of Section 9(3a) and 9 (3b) of the Housing Act (Act 107 of 1997) read together with the Expropriation Act 63 of 1975)

  • Identify and inspect properties for expropriation (failed negotiations; unable to contact landowner/s; landowner not willing to sell and property is a critical requirement for the Priority Housing Project area)

  • Submit an application to the strategic management committee for permission to expropriate.

  • Submit an application to exco for permission to expropriate.

  • Submit an application to full council for a resolution to expropriate.

  • Have an Intention to Expropriate Notice published in two Local Newspapers: one Zulu and one English Newspaper ***

  • Objection period of 30 days is to be entertained while waiting for objections from landowners ***

  • Co-ordinate an objectors meeting with the facilitators and the Municipality.

    • Negotiate where possible (sale agreement can be signed if appropriate)

    • Request heirs to attend on the masters office and report estates.

  • Submit application to the MEC Housing for approval to expropriate. all objections and outcomes are to be attached to the application.

  • Designate properties to be expropriated to LTAC’s (d\Department of Rural Development & Land Reform) [must be attended to with enough time to still publish the notice of expropriation (para 9) within 6 months of permission granted by the MEC : Section 9 (3a) (iii) of the Housing act 107 of 1997] ***

  • Once properties have been designated to the Land Titles Adjustment Commissioners, Notice of Expropriation is to be published in two Local Newspapers: one Zulu and one English Newspaper [this must be done within 6 months of permission granted by the MEC : Section 9 (3a) (iii) of the Housing Act 107 of 1997].

  • Provide the Deeds Office with a schedule of properties expropriated showing information as per 31(6)(a) of the Deeds Registries Act, No. 47 of 1937; together with two SG diagrams (Expro Diagrams) of each property and a certified copy of the Expropriation Notice. This must be on a Municipal Letterhead.

  • Appoint a Conveyancer to attend to the Expropriation Transfers.

The third of four steps in the Registration of Underlying Land and Township Establishment phase.