WHAT IS A “SPLUMA” CERTIFICATE?
The term “SPLUMA certificate” finds its origin in Section 53 of the SPLUMA (i.e. the Act). This section of the act addresses the ‘commencement of registration of ownership’ and determines that : “The registration of any property resulting from a land development application may not be performed unless the municipality certifies that all the requirements and conditions for the approval have been complied with”.
In short then, municipalities are required by law to issue a certificate that certifies that all the requirements and conditions of approval associated with a land development application have been met prior to the registration of any property resulting from a land development application by the Register of Deeds.
Municipalities issue these certificates in terms of certain sections of their respective ‘Land Use Management By-Laws (LUMs)’, and hence “SPLUMA” certificates typically take-on the names of specific sections of a municipalities LUM By-Law. For example, the compliancy certificate issued by the City of Tshwane in respect of the subdivision or consolidation of land is referred to as a Section 16 (12)(d) Certificate.
In summary, although a “SPLUMA Certificate” is required in terms of the provisions of the SPLUMA, the specific conditions and requirements to be met in order for such a certificate to be issued by a municipality are set out in the particular municipality’s LUM By-Law. Considering the nature of these certificates, it is perhaps more appropriate to refer to these as “Compliance Certificates”.