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MAY 2010
REVISED REQUIREMENTS OF THE MSUNDUZI MUNICIPALITY REGARDING LEGALITY OF STRUCTURES IN RELATION TO PROPERTY TRANSFER
- With effect from 29 September 2009, the Msunduzi Municipality introduced an important new requirement for the issue of clearance certificates for transfers of all improved properties situated within its area of jurisdiction.
- The essence of this new requirement is that applications for clearance certificates will not be processed unless either –
- the property for which the clearance certificate is required has first been inspected by the Municipality for verification that no unauthorized structures are erected on the property in contravention of the National Building Regulations; or
- the owner of the property has submitted to the Municipality an affidavit in the prescribed form (attested by a Commissioner of Oaths) stating that no such unauthorized structures are erected on the property.
- “Structures” in this context include all structures covered by applicable municipal by-laws (such as internal and external alterations to dwellings, outbuildings, swimming pools, tennis courts, boundary walls, etc). Details regarding applicable compliance requirements for such structures can be obtained either from the Municipality’s building survey department, or via private town-planning consultants.
- If you own an improved property within the area of the Msunduzi Municipality and all improvements have been erected while you have owned the property and you are certain that the structures have been erected strictly in accordance with building plans duly approved by the Municipality, you do not need to take any steps now regarding the status of structures on your property if you will be willing to sign the prescribed affidavit when you sell your property.
- On the other hand though, if you own such a property and –
- you did not personally erect all structures on the property; or
- you acquired your property before the imposition of the Municipality’s new requirement (and are therefore unable to rely on an affidavit signed by any previous owner of the property); or
- you have erected structures that have not been approved by the Municipality; or
- you foresee any potential risk whatsoever of perjuring yourself by signing the required affidavit at the time of transfer (for instance, because you have grounds to doubt the correctness of an affidavit by a previous owner)
it should assist to avoid possible future complications or delays at the time you sell your property to enlist the services of a professional town-planner now to verify the legality of all structures on the property by means of a written factual report and to retain a copy of the factual report on which to rely as a basis for signing the required affidavit when you sell your property in the future. Alternatively, address a written request to the Municipality's building survey department to undertake an inspection of your property, and keep sending them written reminders until the inspection is undertaken.
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