Settling of the conditions of establishment
The main purpose of settling the conditions of establishment is to meet the requirements of the Deeds Office with regard to the alignment of the small scale diagrams, General Plan and title deeds for the affected property or properties on which the township is established so that the township register can be opened as soon as possible.
If this requirement is not met the examiners at the Deeds Office will raise a note requesting for the conditions of establishment to be amended or amplified by the municipality or relevant authority which issued the conditions of establishment. This can lead to unnecessary delays which can be impact negatively on the timeframe of the rest of the project to follow after the opening of the township register and the proclamation of the township.
We will require copies of the latest issue if the conditions of establishment, title deed or deeds for all the affected properties, the small scale diagrams for all subdivisions and consolidations which must be registered prior or simultaneously with the opening of the township register as well as sheet 1 of the General Plan to settle the conditions of establishment.
The basic fee for the settling of the conditions of establishment is R7 500 for a township established on 1 to 3 properties. If the township is established on 4 or more properties the basic fee is R10 000 and more depending on the complexity and number of title conditions which must be disposed of.
Gert Minnaar is a specialist conveyancer focusing on township establishment. He worked at the Pretoria Deeds Office from 1985 until 1989 and after becoming a Senior Examiner left to qualify as an Attorney and Conveyancer in 1992. He founded Sebenza Township Administrative Services in 2012 and entered in 2014 into a consultation agreement with STBB. Gert manages the Gauteng Development Law Department at STBB’S office in Illovo, Sandton where this department attends to all aspects of development conveyancing
Gert enjoys finding practical solutions to complicated conveyancing problems. He serves on the committee of the South African Affordable Residential Developers Association (SAARDA), a body representing the interests of developers and other stakeholders in the affordable housing development sector which necessitates regular collaboration with government and municipal officials.