What is a Removal of Restrictive / Obsolete Title Conditions: 

Removal of Restrictive / Obsolete Title Conditions typically refers to the land use application process of removing Restrictive / Obsolete Title Conditions from the title deed of a specific property. The Restrictive / Obsolete Title Conditions prevalent in title deeds in most cases are written in the title deed prior to existence of formal Town Planning Scheme. These conditions were stipulated to protect certain rights of interested and affected parties, or to regulate certain development criteria or development controls. Restrictive / Obsolete Title Conditions in general are now protected in terms of the relevant Town Planning Schemes within municipal areas, and may be removed by virtue of this and by the Spatial Planning and Land Use Management processes and is defined as the Removal of certain Restrictive / Obsolete Title Conditions. 

The title deed for a specific property is thus endorsed by way of a promulgation notice in the provincial gazette indicating or confirming that certain Restrictive / Obsolete Title Conditions, are removed from the relevant title deed.  

The Removal of Restrictive / Obsolete Title Conditions are permitted by virtue of the Spatial Planning and Land Use Management Act, 2013 (Act 16 of 2013) and the by-laws for the area of jurisdiction of the specific property. 

The Removal  of Restrictive / Obsolete Title Conditions application typically requires notification of interested and affected parties as per the requirements of the Municipal By-laws. Neighbours or community members can object to a Removal  of Restrictive / Obsolete Title Conditions Application proposal during public participation process.  

 

What Documents are Required for a Removal  of Restrictive / Obsolete Title Conditions Application 

The following Documents can typically be required for a Removal  of Restrictive / Obsolete Title Conditions application: 

• A Pre-Application as may be determined by relevant Municipality (if required) 
• Covering letter addressed to the relevant Municipality 
• Completed Application forms. 
• Motivation Report which complies with the relevant Municipality By-laws 
• Locality plan indicating the locality of the property 
• Zoning plan indicating the zoning of the current and surrounding properties on a appropriate scale 
• Land plan indicating the Land Use of the current and surrounding properties on a appropriate scale 
• Site Plan: Scaled drawing that displays the property cadastral, with proposed and existing structures aligned to the Removal  of Restrictive / Obsolete Title Conditions Application   proposal. The site plan can also indicate elevations of the proposed building work.
• Details of the surrounding properties requiring notification List of neighbours
• Zoning certificate (issued by the municipality) 
• Proposed Annexure/ Zoning Rights 
• Registered title deed
• Power of attorney signed by owner.
• Consent from the Bondholder (if applicable and if bonded with a bank) – must be submitted with the application. 

 

Why do you need to attend to a Removal  of Restrictive / Obsolete Title Conditions Application? 

There are several reasons why a property owner would want to attend to a Removal  of Restrictive / Obsolete Title Conditions Application. Some general reasons include:

• Removing outdated and obsolete conditions: Certain restrictive conditions of title can restrict the owner or developer to develop the erf. Certain title conditions can be outdated conditions that has become irrelevant on modern title deeds. In most cases function of these conditions have been replaced by more appropriate legislation and policies. 

• Changing of land use: A change in the use of the property, for example, if a residential area is to be converted into a business property, Removal  of Restrictive / Obsolete Title Conditions Application may necessary to legally allow the business development. A Removal  of Restrictive / Obsolete Title Conditions Application can also be catered to the specific needs of the property owner. 

• Economic benefit: Removal  of Restrictive / Obsolete Title Conditions Application may be necessary to attract economic development and investments in a particular area. It allows for the creation of new businesses, industries, and job opportunities, leading to increased economic growth, which may be restricted in terms of the title deed and Restrictive / Obsolete Title Conditions 

• City growth: Removal  of Restrictive / Obsolete Title Conditions Application can help manage population growth for a area or City by allowing the construction of additional housing stock or higher-density development in areas typically experiencing increased demand. It ensures that the zoning regulations are in line with the changing demographics.

 

Understanding Removal  of Restrictive/Obsolete Title Conditions Application Process 

The Removal  of Restrictive / Obsolete Title Conditions Application Process in South Africa is subject to each requirement of the respective Local Municipality. Each Municipality has different requirements for a Removal  of Restrictive / Obsolete Title Conditions Application Process. The following process is generally applicable for a Removal  of Restrictive / Obsolete Title Conditions Application: 

• Inquiry Stage: The landowner or developer interested in attend to a Removal  of Restrictive / Obsolete Title Conditions Application on a property contact a Professional Town Planner. Basic information should be provided for the purpose of the proposed Removal  of Restrictive / Obsolete Title Conditions Application. The appointed Town Planner will conduct a desktop assessment to determine if the proposed Removal  of Restrictive / Obsolete Title Conditions Application

• Pre-Application Consultation Stage: A meeting is typically arranged with the municipality’s town planning department and Consulting Town Planner. During this meeting, the potential Removal  of Restrictive / Obsolete Title Conditions Application is discussed, and the municipality provides guidance on the viability of the proposal based on Council Policies.  The Pre-Application can also be provided in a written format subject and is subject to Council requirements. A Pre-Application process is helpful ass it will give guidance if the Removal  of Restrictive / Obsolete Title Conditions Application proposal will be supported in principle. It also provides the property owner with transparency and assurance that the proposal will be supported in principle and eliminates the risk of receiving a Removal  of Restrictive / Obsolete Title Conditions Application refusal in the process. 

• Formal Application Stage: Once the landowner or developer decides to proceed with the Removal  of Restrictive / Obsolete Title Conditions Application, a formal application needs to be submitted to the municipality complied by a competent and professional Town Planner. This application includes various documents and payment of the relevant application fees. It is always advised that a Professional and competent Town Planner compiles the Removal  of Restrictive / Obsolete Title Conditions Application. 

• Public Participation Stage: After submission of the Removal  of Restrictive / Obsolete Title Conditions Application, the appointed Town Planner must attend to the public participation process. The Public participation process normally runs for a period of 28 days in order to allow any infested and affected party sufficient time to comment or object on the application. Notification is normally consisting of advertisements in the Government Gazette, Local Newspapers, notification via registered post and on-site placard notices. The placard notice needs to be maintained for a period between 14 and 21 days. Comments and or Objections should be addressed to the Municipality. 

• Technical Assessment Stage: Each required department at the Municipality must provide comments on the proposed Removal  of Restrictive / Obsolete Title Conditions Application. The municipality may also request comments and input from External or Provincial Department depending on the nature and location of the proposed Removal  of Restrictive / Obsolete Title Conditions Application. 

• Evaluation Stage: As soon input from all the respective and required department have been received, can the responsible Town Planner at Council evaluate the proposed Removal  of Restrictive / Obsolete Title Conditions Application. The municipality will make a decision on the application. This decision could include approving the Removal  of Restrictive / Obsolete Title Conditions Application, approval subject to certain conditions, refusal of the Removal  of Restrictive / Obsolete Title Conditions Application, or referring it back to the applicant for further information or amendments.

• Compliance Stage: Once a Removal  of Restrictive / Obsolete Title Conditions Application is approved, the application will in most cases be subject to certain conditions. It remains the responsibility of the owner to ensure that all the conditions are met based on the Removal of Restrictive / Obsolete Title Conditions Application condition requirements.

• Implementation stage: After a compliance stage is completed, the property owner or developer can proceed with the promulgation of the Removal  of Restrictive / Obsolete Title Conditions and endorsement of the title deed. 

 

It should be noted that the Removal  of Restrictive / Obsolete Title Conditions Application process can vary slightly between different municipalities in South Africa. It is therefore advised that you contact a Professional Town Planner to start the Removal  of Restrictive / Obsolete Title Conditions Application process. 

Contact Urban Arrow for a Removal of Restrictive / Obsolete Title Conditions Application