Second dwelling challenges in Pretoria East
The promulgation of The Tshwane Land Use Management (SPLUMA) By-Laws in 2016 introduced the requirement to obtain a Section 28(9) (“SPLUMA”) certificate for sectional title units to certify that the land use is in line with the relevant Town planning scheme when an application is brought to amend sectional title plans.
Before 29 April 1992 every property in Pretoria East was allowed to develop a second “living unit” of up to 100 m² without consent from the city council. This also permitted the registration of the opening of a sectional scheme (a duet) over the main house and additional living unit.
From 29 April 1992 the relevant town planning scheme was amended, and owners now have to apply for an additional (second) dwelling by way of a consent use application. If the second dwelling-unit that was built and registered before April 1992 now exceeds the 100 m² (due to additions) a formal consent use application must be lodged to the city council to comply with land use rights.
It is therefore important for owners of duet developments to ensure that they have the necessary consent in place BEFORE any construction/building work commences which will result in an increase of floor area of the unit.
Should you have any questions regarding duet developments, contact us at firstname.lastname@example.org or 082 886 4709.