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| 4 Approval of development schemes |
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4 Approval of development schemes (1) A developer who intends to establish a scheme shall cause a draft sectional plan to be submitted to the Surveyor-General in terms of section 7; [Sub-s. (1) substituted by s. 2 (a) of Act 44 of 1997.] (2) A scheme may relate to more than one building situated, to be erected or being in the process of erection on the same piece of land, or on more than one piece of land, whether contiguous or non-contiguous: Provided that the building or buildings to be divided into sections shall be situated only on one such piece of land or on two or more such contiguous pieces of land registered in the name of the same person and which have been notarially tied. [Sub-s. (2) substituted by s. 2 (a) of Act 63 of 1991.] (3) If a part of a building which is comprised in a proposed scheme and which after a division of the building will constitute a unit therein, is wholly or partially let for residential purposes, a developer shall not cause a draft sectional plan to be submitted as contemplated in subsection (1), unless- (a) every lessee of a part which is so let for residential purposes - (i) has been notified in writing by the developer, by letter delivered either personally or despatched by registered post, of a date, at least 14 days after the delivery or despatch of such letter, as the case may be, of a meeting of such lessees to be held in the building in question, or in another building within a reasonable distance from the first-mentioned building, within the area of jurisdiction of the local authority concerned, at which the developer or his or her agent intends to be available to provide the lessees with- (aa) such particulars of the relevant scheme as they may reasonably require from him or her; and (bb) the information regarding their rights as set out in section 10 of this Act; and (ii) has at the same time, with the notice referred to in subparagraph (i), been provided by the developer with a certificate containing the prescribed particulars in respect of the relevant building, and parts thereof or units therein, and of the relevant scheme; and (b) a meeting contemplated in paragraph (a) (i) has been held and the developer or his or her agent has been available thereat to provide the particulars contemplated in the said paragraph, and has answered all reasonable questions put to the developer or agent by the lessees present: Provided that a developer need not comply with this subsection if all such lessees have stated in writing that they are aware of their rights which shall also be set out in such statement and that they do not wish to purchase the proposed units which they occupy and a conveyancer has certified in writing that such statements have been received in respect of all the units in question: Provided further that a share block company applying for the approval of a development scheme need not comply with the requirements of this subsection if that share block company has, within a period of two years before such application, already complied with section 11 of the Share Blocks Control Act, 1980 (Act 59 of 1980). [Sub-s. (3) substituted by s. 2 (b) of Act 44 of 1997.] (3A) For the purposes of subsection (3) 'lessee' means a lessee who is a party to a lease entered into with the developer or any of his or her predecessors in title. [Sub-s. (3A) inserted by s. 2 (b) of Act 63 of 1991 and substituted by s. 2 of Act 15 of 1993 and by s. 2 (b) of Act 44 of 1997.] (4) ...... [Sub-s. (4) deleted by s. 2 (c) of Act 44 of 1997.] (5) An architect or a land surveyor acting on behalf of a developer shall inspect the property, and, if- (a) in regard to any matter other than the proposed use, the building to which the scheme relates does not comply with any operative town planning scheme, statutory plan or conditions subject to which a development was approved in terms of any law at the date of approval of the building plans; (b) in regard to matters other than buildings, there is non-compliance with any applicable condition of any 9 operative town planning scheme, statutory plan or conditions subject to which a development was approved in terms of any law; (c) the building to which the scheme relates, has not been erected in accordance with any applicable building regulations or building by-laws in operation at the date of erection, apply to the local authority concerned for the condonation of such non-compliance and the local authority may condone such non-compliance by issuing a certificate to the applicant: Provided that no certificate shall be issued for condonation of non-compliance with a national building regulation regarding the strength and stability of any building unless a deviation has been permitted or an exemption has been granted in terms of section 18 (2) of the National Building Regulations and Building Standards Act, 1977 (Act 103 of 1977). [Sub-s. (5) amended by s. 2 (c) of Act 63 of 1991 and substituted by s. 2 (d) of Act 44 of 1997.] (5A) ...... [Sub-s. (5A) inserted by s. 2 (d) of Act 63 of 1991, substituted by s. 2 (d) of Act 44 of 1997 and deleted by s. 2 of Act 29 of 2003.] (6) to (11) inclusive ...... |
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