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Removal of restrictions - VII

13 June 2019

Removal of restrictions in Northern Cape
In the Northern Cape Province, removal of restrictions is effected in terms of the Northern Cape Planning and Development Act 7 of 1998 (NCPDA).

Where a municipality has passed its land use management By-law, the removal of restrictions will be effected in terms of Section 47 of SPLUMA to the effect that the application will be carried out in terms of the relevant By-law read with the Removal of Restrictions Act (RORA).

However, where and application was submitted prior to coming into operation of the NCPDA, the application will be carried out in terms of Act 84 of 1967.

The following documents must be lodged in the deeds office for the purposes of registration of the application:

  • Application;
  • Gazette; and
  • Title deed.

In the Northern Cape, removal of restrictions can be divided into two transitional windows namely:

  1. The period between the date of commencement of the Removal of Restrictions Act 84 of 1967 and the date of commencement of the Northern Cape Planning Act 7 of 1998.
  2. The period between the date of commencement of Act 7 of 98 and the relevant by-law. Applications that were submitted in the transitional period between the date of commencement of the RORA and the NCPDA will be dealt with in terms of the RORA.

Applications submitted in the transitional period between the date of commencement of the NCPDA and the relevant of by-law will be dealt with in terms of the NCPDA. Applications submitted after the date of commencement of the relevant by-law will be dealt with in terms of that by-law.

Removal of restrictions in North West
In the North West Province, removal of restrictions is effected in terms of Section 2 and 3 of the Removal of Restrictions Act 84 of 1967 (RORA). Where a municipality has passed its land use management By-law, the removal of restrictions will be effected in terms of Section 47 of SPLUMA to the effect that the application will be carried out in terms of the relevant By-law read with the RORA.

Note that all applications submitted within the transitional period between 1 July 2015 and the date of commencement of the relevant by-law, e.g. 26 January 2016 in the case of the Naledi Municipality; must be finalised in terms of the RORA.

Applications submitted after 26 January 2016 must be submitted in terms of the by-law.

The following documents must be lodged in the deeds office for the purposes of registration of the application:

  • Application;
  • Gazette; and
  • Title deed.

Wiseman Bhuqa, Law Lecturer
Legal Support & Deeds Training

Note:
For the initial introduction see: Removal of restrictions - I
For Provincial examples see:
Removal of restrictions - II (KwaZulu-Natal)
Removal of restrictions - III (Gauteng)
Removal of restrictions - IV (Mpumalanga)
Removal of restrictions - V (Free State, Eastern Cape and Limpopo)
Removal of restrictions - VI (Western Cape)

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