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Development Law Update | Issue 01 – 2022

We share some important industry activity with you in this Update, as follows: Treasury launched SA’s first Green Finance Taxonomy on 1 April 2022: What is this about? Notes on recent case law that impacts on the property development industry.

Three ways to obtain surveyor general diagrams & plans

Access at your fingertips Developers, planners, architects and conveyancers each look at Surveyor General plans and diagrams with excitement, as these portray so much detail and hold the seed of potential development. How to access the plans with ease? Developers,

Conservation: Rates exclusion provision benefits owners

Formal declaration of a conservation area A Tsitsikamma property owner no longer has to pay rates, thanks to the implementation of a little-known rates exclusion provision which is designed to promote conservation. In the news recently was the story of

Municipality loses battle over developer’s R48M housing development claim

And 10 years later, interest keeps running The Mhlontlo Municipality recently lost a vital case in its fight against a R48m damages claim by TDH Tsolo Junction. The latter sought to develop a large housing project at Tsolo Junction just

Objecting to a Development: The importance of public participation

Earlier this year, two property development companies issued summons for almost R200m against an environmental lobby group and its chairperson, claiming compensation for delays in a large Johannesburg project. The developers, Century Property Developments and Riversands Developments, claimed that the

DEVELOPMENT LAW UPDATE | ISSUE 02 – 2020 (PART 1)

INCLUSIONARY HOUSING POLICIES: DOES THE SWORD CUT TWO WAYS? The purpose of an inclusionary housing programme is to increase the number of units built for low-income purchasers and to achieve the integration of socio-economic classes, simultaneously. No easy feat. In

DEVELOPMENT LAW UPDATE | ISSUE 02 – 2020 (PART 2)

WHO LOGS IN ON THE GREEN BOND “TINDER” PLATFORM? Green bonds have historically been issued by multilateral lenders such as the World Bank, the African Development Bank and the European Investment Bank. Increasingly, large corporates have joined in to increase

DEVELOPMENT LAW UPDATE | ISSUE 02 – 2020 (PART 3)

RECENT DRAFT AMENDMENTS TO THE SECTIONAL TITLES ACT: SOME FLEXIBILITY FOR DEVELOPERS In September this year, suggested amendments to the Sectional Titles Act (‘STA’) were gazetted. Some of these affect developers directly and should provide more flexibility to amend sectional title

Development Law Update | Issue 01 – 2020 (part 2)

DEVELOPMENT APPLICATIONS LODGED WITH THE TRIBUNAL UNDER THE DEVELOPMENT FACILITATION ACT: ARE THEY “PENDING APPLICATIONS” FOR SPLUMA? Dykema v Malebane and Another (CCT332/18) [2019] ZACC 33; 2019 (11) BCLR 1299 (CC) (10 September 2019) The Constitutional Court’s 2010 decision in City

Development law update | Issue 01 – 2020 (part1)

We have been contacted by several clients (employers and contractors) to advise them of their rights in terms of existing construction contracts in light of Covid-19 and the lockdown. A typical example of an enquiry is as follows: A construction

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