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Removal of restrictions - II

9 May 2019

In KwaZulu-Natal removal of restrictions is effected in terms of the provisions of section 69 of the KwaZulu- Natal Planning and Development Act 6 of 2008. However, where a municipality has promulgated its Land Use Management By-law the application will be effected in terms of such By-law.

Note that all applications that fall within the transitional period between 1 July 2016 and the relevant date of the by law, e.g. 19 January 2017, in the case of the Mthonjaneni Municipality Spatial Planning and Land Use Management By-law, etc. will be dealt with in terms of the Removal of Restrictions Act 84 of 1967.

In terms of the Act, the following documents must be lodged in the Deeds Office:

  • Title Deed containing the restrictive condition being removed.
  • A certified copy of the decision of the municipality or Appeal Tribunal.
  • A certificate issued by the municipality stating that the conditions of approval that have to be complied with before the condition may be altered, suspended or deleted have been complied with.

NB: although a bond holders consent is required before approval, it is not necessary to lodge same in the deeds office.

The Registrar of Deeds and the Surveyor-General must endorse the respective registers, title deeds, plans and diagrams respectively.

Where a By-law is already in operation, the provisions of Section 47 of SPLUMA apply and thus the procedure outlined in the respective by-law will be followed.

Also note that if it is evident that the application was made prior to the coming into operation of the PDA, the procedure outlined in Sections 2 and 3 of the Removal of Restrictions Act 84 of 1967 will apply.

In respect of all the properties situated in the jurisdiction of the Msunduzi Municipality, Section 80 of the Msunduzi, Municipality Spatial Planning and Land Use Management By-Law provides, inter alia, as follows:

“(1). The land owner must ensure that the deeds and other documents that the Registrar of Deeds may require to record the removal, amendment, or suspension of a restrictive condition of title or servitude are lodged with the Registrar of Deeds.

(2). A person may not apply to the Registrar Deeds to record the removal, amendment, or suspension of a restrictive condition of title or servitude, unless the municipality has issued a certificate stating that the conditions of approval that must be complied with before the condition of title or servitude may be removed, amended or suspended have been complied with.”

Wiseman Bhuqa, Law Lecturer
Legal Support & Deeds Training

Note:
For the initial introduction see: Removal of restrictions - I
For Provincial examples see:
Removal of restrictions - III (Gauteng)
Removal of restrictions - IV (Mpumalanga)

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