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Removal of restrictions - III

16 May 2019

In the Gauteng Province removal of restrictions is effected in terms of the Gauteng Removal of Restrictions Act 3 of 1996, however, where the relevant municipality has implemented its land use management by-law, Section 47 of SPLUMA finds application in terms of which the application must be made in terms of the relevant by-law read together with Act 3 of 1996.

However, if the application was submitted before the coming into operation of Act 3 of 1996, the application will still be approved in terms of the provisions of Section 2 and 3 of the Removal of Restrictions Act 84 of 1967.

Note that all applications that were submitted in the transitional period between 1 July and the date of commencement of the relevant by-law, e.g. 2 March 2016 in the case of the City of Tshwane must be finalised in terms of the Gauteng Removal of Restrictions Act 3 of 1996.

With regard to all properties situated in the jurisdiction of the City of Johannesburg Metropolitan Municipality, the amendment, suspension or removal of restrictive or obsolete conditions or obligations, servitudes or reservations and matters related thereto is effected in terms of Section 42(4) of the City of Johannesburg Municipal Planning By- law read with Section 5 of Act 3 of 1996 since 1 September 2016.

The application must be lodged by the owner of the land in terms of Section 42(2) or by the Municipality in terms of Section 42(5).

In terms of Section 44(1) the application must be lodged with the Registrar of Deeds within 28 days from date of approval.

The By Law will be applied in conjunction with the Act as far as practicable because the Act is not repealed. The following documents must be lodged in the in the deeds office:

  • Application;
  • Title deed; and
  • The Provincial Gazette.

The primary duty of the registrar is to endorse the relevant title deed regarding the removal of restriction. The relevant title deed and copy of the provincial gazette have to be lodged at the township section for endorsement.

With regard to property situated in the City of Tshwane Metropolitan Municipality; the amendment, suspension or removal of restrictive or obsolete conditions or obligations, servitudes or reservations and matters related thereto is effected in terms of the Gauteng Removal of Restrictions Act 3 of 1996 in conjunction with the City of Tshwane Metropolitan Municipality Land Use Management By-law since 2 March.

The application process must fully comply with the provisions of Section 47(1) of SPLUMA. An application for the removal of restrictions may be effected by a Municipality on its own initiative or the owner of the land in terms of Section 4 of the Act or by the land owner in terms of Section 5 of the Act read with Section 16(2) of the By-law.

Although the bondholders’ consent is required for approval of the application, it is not required for lodgement of deeds in the deeds office.

The following documents must be lodged in the deeds office for the purposes of registration of the application:

  • Application;
  • Gazette; and
  • Title deed.

The Registrar of Deeds must endorse the relevant title deed in terms of Section 5 of the Gauteng Removal of Restrictions Act read with Section 16(2)(g) of the By-law any condition so specified, any restrictive condition.

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 - II (KwaZulu-Natal)
Removal of restrictions - IV (Mpumalanga)

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