The Spatial Planning and Land Use Management Act, 2013 (Act No. 16 of 2013), commonly referred to as SPLUMA, is a cornerstone piece of legislation in South Africa's land use and development framework. Enacted to provide a cohesive and uniform system for spatial planning and land use management, SPLUMA seeks to integrate and align planning practices across all spheres of government—national, provincial, and municipal.
The Act establishes clear principles to guide land use, ensuring sustainable development and equitable access to land resources. SPLUMA empowers municipalities to manage land use and zoning through the adoption of by-laws and the establishment of Municipal Planning Tribunals. It also outlines procedures for land development applications, ensuring that all planning decisions are consistent with the country’s broader social, economic, and environmental objectives.
With SPLUMA, South Africa moves towards a more coordinated, transparent, and efficient land use management system that promotes public participation and addresses historical spatial imbalances. This legislation plays a critical role in driving sustainable development and fostering a more inclusive society.
The Spatial Planning and Land Use Management By-laws are regulations developed by municipalities under the framework of the Spatial Planning and Land Use Management Act, 2013 (SPLUMA). These by-laws are designed to provide detailed, area-specific rules for the management of land use and spatial development within a municipality's jurisdiction.
The by-laws play a critical role in ensuring that local land use planning aligns with national and provincial legislation while addressing the unique needs of the community. They govern processes such as zoning, land use rights, development applications, and compliance with approved spatial development frameworks. These regulations also guide the establishment and functioning of Municipal Planning Tribunals, which assess and approve land development applications.
By enforcing these by-laws, municipalities aim to promote sustainable development, protect environmental resources, and ensure equitable access to land and services. The by-laws also support effective governance by clarifying procedural requirements and enabling public participation in land use decisions, fostering transparency and accountability in the planning process.
The relationship between an Act of legislation and municipal by-laws lies in their hierarchy and purpose within the legal framework:
In summary, Acts of legislation provide the foundation and guiding principles, while municipal by-laws adapt and enforce those principles within the local context.
In South Africa, the Spatial Planning and Land Use Management Act (SPLUMA) serves as the cornerstone for orderly land development and sustainable land use management. It is essential for developers to acquire the appropriate land development and land use rights prior to initiating any development projects. SPLUMA ensures that all land use changes align with municipal by-laws, spatial development frameworks, and zoning regulations. Failure to secure these rights not only risks legal consequences but also jeopardizes the viability of the project. Simply put, no rights mean no land development, as compliance with SPLUMA is mandatory to maintain the integrity of spatial planning and promote balanced, equitable development practices.
Depending on the type of development, various development and use rights must be applied for to ensure compliance with the Spatial Planning and Land Use Management By-laws (SPLUMA). These land development applications are submitted to the Local Authority for review and approval. From inception to completion, the development process is governed by the necessary approvals from the relevant municipal authority. Below are some of the key Land Development and Land Use applications that can be applied for to facilitate your project.
We provide comprehensive administrative support for land development and land use applications, including applying to amend or continue an application, requesting corrections of errors, extensions of time, or cancellations, and managing processes related to the lapsing of applications. Our expertise ensures compliance with SPLUMA By-laws and facilitates smooth progress for your land development projects.
We specialize in handling a variety of Consent Use applications to meet your land development needs, including Consent Use A and B applications, Special Consent Use applications, consent for temporary land use, and consent within transitional zones. Our expertise ensures compliance with SPLUMA By-laws while streamlining the application process for efficient project implementation.
We assist with land use applications, including the removal of restrictive legislation, amendments to land use rights, and building line relaxation. Our expertise ensures compliance with SPLUMA By-laws and simplifies the process to support your development objectives effectively.
Our land development application services cover a wide range of needs, including the removal of restrictive legislation, amendments to land use rights, and applications for permanent or temporary departures from zoning schemes. We also handle simultaneous removal and amendment requests, combined applications, land rights consolidation, and land rights subdivision. With a focus on compliance with SPLUMA By-laws, we streamline the process to facilitate successful project outcomes.
We provide end-to-end support for township development applications, including township establishment, boundary extensions, and division of townships. Our services also cover drafting services agreements, obtaining Section 125 and Pre-Proclamation certificates, and managing alterations, amendments, or cancellations of general plans. Additionally, we assist with applications for the establishment of security townships, ensuring compliance with SPLUMA By-laws and a seamless approval process.
In addition to our core services, we assist with various other applications, including appealing decisions, entering specific contracts, addressing administrative penalty notices, managing contribution fees or payments, and handling the closure of open public spaces or public roads. Our tailored approach ensures compliance with SPLUMA By-laws while addressing the unique requirements of your project.
This phase focuses on preparation, consultation, and submission of the SPLUMA application:
This phase involves the execution of the approved development plans:
This phase finalizes the process and ensures compliance with all legislative requirements:
Each phase is critical to ensuring a successful and compliant land development project under SPLUMA, promoting transparency, sustainability, and efficiency.
MINIMIZING RISK BY PROVIDING THE LEGAL AND SPATIAL FRAMEWORKS FOR LAND DEVELOPMENT PROJECTS
Mark Dansie, a Professional Land Surveyor is committed to delivering exceptional surveying and land development services to clients across South Africa.
With a comprehensive understanding of the land development process and a strong adherence to land development legislation and SPLUMA By-laws, we provide tailored solutions to support your land development and land use projects effectively.
Our Vision
To be a leading provider of LAND DEVELOPMENT AND LAND USE MANAGEMENT SERVICES, recognized for innovation, excellence, and professionalism.
Our Expertise
Legal Framework
We offer expert consulting in land rights, ensuring that your property development project obtains the correct and compliant rights. From subdivision, consoldation to servitude creation, we guide you through the legislative landscape to meet all legal requirements seamlessly.
Spatial Framework
As registered professionals under the Land Survey Act, we provide the spatial framework necessary for your land development, including:
Why Choose Us?
With years of experience and a proven track record, Mark Dansie is your trusted partner for navigating the complexities of land development and survey requirements. Our attention to detail, strict compliance with regulations, and dedication to client satisfaction ensure the success of your project from start to finish.