General

Removal of restrictions - V

Removal of restrictions in the Free State
In the Free State Province, removal of restrictions is effected in terms of Section 2 and 3 of the Removal of Restrictions Act 84 of 1967.

The following documents must be lodged in the deeds office for the purposes of registration of the application in terms of Act 84 of 1967:

  • Application;
  • Gazette; and
  • Title deed.

Where a municipality has passed its land use management by-law, the removal of restrictions will be effected in terms of Section 47 of SPLUMA to the effect that the application will be carried out in terms of the relevant by-law read with the Removal of Restrictions Act.

Note that all applications that were submitted within the transitional period between 1 July 2015 and the date of commencement of the relevant by-law, e.g. 3 July 2015 in respect of the City of Mangaung the application must be finalised in terms of Section 2 and 3 of the Removal of Restrictions Act. However, where the application is submitted after 3 July 2015, the application must be finalised in terms of the bylaw.

Section 34 of the Municipal Land Use Planning By-law provides as follows: “(1) The Municipality may, on its own initiative or on application in terms of section 16(2), by notice in the Provincial Gazette amend, suspend or remove a restrictive condition.”

In terms of Section 35(1) of the By-law, the following documents must accompany the application for endorsement of title by the Registrar of Deeds:

  1. The original title deed;
  2. The original letter of approval; and
  3. A copy of the notification of the approval.

Removal of restrictions in the Eastern Cape
In the Eastern Cape Province, removal of restrictions is effected in terms of Section 2 and 3 of the Removal of Restrictions Act 84 of 1967.

Where a municipality has passed its land use management by-law, the removal of restrictions will be effected in terms of Section 47 of SPLUMA to the effect that the application will be carried out in terms of the relevant by-law read with the Removal of Restrictions Act.

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

  • Application;
  • Gazette; and
  • Title deed.

Removal of restrictions in Limpopo
In the Limpopo Province, removal of restrictions is effected in terms of Section 2 and 3 of the Removal of Restrictions Act 84 of 1967.

Where a municipality has passed its land use management By-law, the removal of restrictions will be effected in terms of Section 47 of SPLUMA to the effect that the application will be carried out in terms of the relevant By-law read with the Removal of Restrictions Act.

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

  • Application;
  • Gazette; and
  • Title deed.

All applications submitted in the transitional period between 1 July 2015 and the date of commencement of the relevant by-law will be dealt with in terms of the Removal of Restrictions Act. Applications submitted after commencement of the by-law will be dealt with in terms of the by-law.

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 - III (Gauteng)
Removal of restrictions - IV (Mpumalanga)
Removal of restrictions - VI (Western Cape)
Removal of restrictions - VII (Northern Cape and North West)

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