THE “SPLUMA” CERTIFICATE IS NOT A NEW CONCEPT.
The concept of a certificate being required to be issued by a municipality to effect the registration and transfer of a new erf/ property in the Register of Deeds is not a new one. Before the commencement of the SPLUMA, similar certificates and consents were required under the erstwhile provincial town‑planning ordinances. For example :
The former “Section 82 Certificate” : in terms of section 82(1) of the Town‑Planning and Townships Ordinance No. 15 of 1986 (“the ‘86 Ordinance”), before the transfer of a new erf/ property in a new township could be registered in the Register of Deeds, municipalities were required to certify that it would be able to provide the relevant erf/ erven with the necessary engineering services; or
The former “Regulation 38 Certificate” applicable to the subdivision of erven and compliance with certain conditions associated thereto.