SELLING YOUR HOUSE…DO YOU HAVE A SPLUMA CERTIFICATE?

DID YOU KNOW?

You now require a SPLUMA certificate on all transfers of land.

But what is SPLUMA and how does it affect you when you want to sell your property?

SPLUMA stands for the Spatial Planning and Land Use Management Act and it came into effect in July 2015. In terms thereof, the national Deeds Office now requires a SPLUMA certificate from the relevant local municipality in which a property is located before any property transaction can be concluded.

So, if you are planning on selling your house you will now need to obtain a SPLUMA certificate and in order to obtain a SPLUMA certificate, you, as the seller, will need the following:

• any and all rates and taxes in respect of the property must be paid and up to date;

• any other funds due in respect of the property must be paid and up to date;

• the use of the property has to be in accordance with the Municipal Zoning;

• there must be no encroachments over the building lines and property boundaries;

• the property must have approved and submitted building plans for all buildings thereon which includes any swimming pool and/or lapa (with roof) on your property; and

• an application supported by affidavit signed under oath by you, as the seller and owner, must be filed at the relevant municipality which states that the relevant plans pertaining to the property are in order, accurate and have been filed with the local municipality.

As a result, before selling your house, we recommend that you take, inter alia, the following steps to avoid any unnecessary delays:

• obtain a copy of your approved house plans and compare them to what is actually built on your property;

• if your plans are not in order and/or up to date (i.e. non-compliant), appoint an architect or draftsman to prepare the necessary building plans for lodgement with the municipality (and lodge same without delay); and

• apply for your SPLUMA certificate in advance of placing your property on the market as the process of acquiring this certificate can hold up the transfer process.