Maryna holds the BA, LLB, LLM degrees and is a Director at the Cape Town offices of STBB. She is an admitted Attorney, Notary Public and Conveyancer with many years of experience in the field of property law and conveyancing. She is also the firm's Marketing Director and attends to external publications for the firm as well as conducts ongoing training for estate agent and bankers training and is a regular seminar presenter for attorneys and property practitioners.

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.
  • Developer regulation under the Property Practitioners Act.
  • Are all developers always “property practitioners”? Register for our webinar below.

Treasury launched SA’s first Green Finance Taxonomy on 1 April 2022: What is this about?

1 APRIL 2022: LAUNCH OF SA’S GREEN FINANCE TAXONOMY

On 1 April 2022, Treasury launched South Africa’s first national Green Finance Taxonomy. Treasury describes, in a note on its website, that investors, issuers, lenders and other financial sector participants can use the taxonomy to track, monitor, and demonstrate the credentials of their green activities in a more confident and efficient way. This follows after extensive stakeholder consultation between July and November 2020 and a draft that was released in June 2021 for public comment and tested in six financial institutions.

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Notes on recent case law that impacts on the property development industry

  • Municipalities Adding “Spluma Conditions” Before Issuing a Transfer Clearance
  • Building Objectionable, Unsightly or Disfiguring of Area? Municipality to Apply Legitimate Expectation Test When Considering Building Plan Approval Requests

MUNICIPALITIES ADDING “SPLUMA CONDITIONS” BEFORE ISSUING A TRANSFER CLEARANCE

In Glencore (Pty) Ltd and Others v Steve Tshwete Local Municipality and Others (2607/2019) (18 January 2021), a very itchy issue in the property development industry was addressed. It relates to the question whether a municipality has the power to impose further conditions, in addition to the requirement to obtain a municipal rates clearance certificate, before giving its permission for transfer. The judgment deals with systems applied by certain municipalities in Mpumalanga and that deeds registry, but will influence further opposition to these so-called “SPLUMA certificates” which other municipalities country-wide seek to introduce as a prerequisite to allowing transfer.

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Developer regulation under the Property Practitioners Act

On the 1st of February 2022, the Property Practitioners Act 22 of 2019 (‘the Act’) became operational, thereby replacing the Estate Agency Affairs Act 112 of 1976. Importantly, the Act brought about significant changes for role-players in the real estate industry, including developers and impacts the way in which they conduct their businesses going forward. For the purposes of this newsletter, the most notable changes insofar as developers are concerned, are summarized.

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Developers: Pains and gains with the Property Practitioners Act

You are invited to our 2 hour webinar and panel discussion on the impact of the Property Practitioners Act on the activities of developers. Topics will include

  • When the Act applies to developers and what is required to be compliant in that instance;
  • When application for exemption is available to developers; and
  • How the Act impacts retirement village developments and share block schemes

Register here to book your seat.
Meeting ID : 871 3569 5105
Password : 616322

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