Spatial Planning and Land Use Management Act or SPLUMA aims to provide for a uniform, effective and comprehensive system of spatial planning and land use management in South Africa. SPLUMA provides for spatial planning in Chapters 2 – 4 and for land use management in chapter 5.

SPLUMA develops a spatial planning system whereby:

• National, provincial, and municipal spheres of government must develop Spatial development frameworks,
• Development planning, land development and land use management principles (see section 7) and norms and standards (see section 8) are developed,
• Land use schemes (see section 24) are developed,
• Processes for land development applications are set out (see chapter 6).

Did you know?

There are 3 categories of spatial planning: Municipal, Provincial and National. These are set out in section 5, each with its own responsibilities.

Land use schemes set out the zoning applicable to an entire municipal area, and municipalities pass by-laws to enforce their land use schemes – it is very important you comply with the zoning requirements for the property you live in. If not, you may have committed an offence, and your municipality can apply to a court for an order:

• interdicting you from using land in contravention of its land use scheme;
• authorising the demolition of any structure erected on land in contravention of its land use scheme, without any obligation on the municipality or the person carrying out the demolition to pay compensation; or
• directing any other appropriate preventative or remedial measure.

All land use and development applications are considered by your municipalities Municipal Planning Tribunal. Types of applications include the subdivision or consolidation of land, the amendment of a land use or town planning scheme, and the removal, amendment or suspension of a restrictive condition. For more information on the application processes, see chapter 3 of the Spatial Planning and Land Use Management Regulations.

If you are unhappy with the decision taken on your application or your rights are affected by a decision taken, you can lodge an internal appeal (see section 51 of SPLUMA and chapter 4 of the Spatial Planning and Land Use Management Regulations).