SPLUMA South Africa: FAQs for Homeowners & Developers

SPLUMA (also known as SPLUMA act) stands for the Spatial Planning and Land Use Management Act (Act 16 of 2013). It is a national law in South Africa that came into effect on 1 July 2015, aiming to overhaul the country’s spatial planning and land use management system. SPLUMA acts as the guiding principle for how land is used and developed in South Africa. It affects everyone, from homeowners adding an extension to their property to developers planning large-scale projects.

Before SPLUMA, South Africa’s spatial planning was fragmented patchwork of outdated laws, many rooted in apartheid-era policies. This led to 3 major problems:
1) Inequitable access to land and resources: Historically disadvantaged communities particularly in towns and cities often found themselves located far from opportunities and amenities.
2) Inefficient land use: Poor planning resulted in urban sprawl, environmental degradation, and unsustainable development particularly large cities.
3) Complex and inconsistent regulations: Navigating the town planning system was a nightmare, with different regulations applying in different municipalities.
As a result of these problems, SPLUMA was enacted to address these issues and create a more equitable, efficient, and sustainable system for managing land use.

SPLUMA was enacted to achieve five key objectives:
a) Promote social and economic inclusion: Ensure everyone has fair access to land and opportunities.
b) Provide a clear framework for spatial planning: Establish a unified system for managing land use across the country.
c) Ensure sustainable development: Encourage environmentally responsible and resource-efficient land use.
d) Address past spatial imbalances: Redress the legacy of apartheid and promote equitable access to land.
e) Simplify planning procedures: Make the system more user-friendly and accessible.

SPLUMA impacts homeowners in several ways. For instance, you might need to obtain plannin permission from your local municipality before you do the following to comply with land use planning regulations:
a) Building a new structure: This includes additions to your home, outbuildings, and swimming pools.
b) Changing the use of your property: For example, converting your home into a business.
c) Subdividing your land: Splitting your property into smaller plots.
Therefore, it is important to consult your local municipality’s zoning scheme, and by-laws to understand what is permitted in your area.

SPLUMA establishes Municipal Planning Tribunals (MPTs) in each municipality. These tribunals are independent bodies responsible for making decisions on land use applications. They play a crucial role in ensuring fair and transparent decision-making.

Each municipality develops its own land use scheme and by-laws in line with SPLUMA principles. These provide detailed rules on how land can be used and developed within the municipality. They cover aspects like zoning, density restrictions, building lines, and environmental considerations.

Non-compliance with SPLUMA can have serious consequences. You may face the following from the municipal authorities:
a) Fines and penalties: Municipalities can issue fines for unauthorized land use or building works.
b) Demolition orders: In some cases, you may be ordered to demolish illegal structures.
c) Legal action: The municipality can take you to court to enforce compliance.

a) Your local municipality: The planning department of your municipality is the best source of information on local by-laws and planning procedures.
b) The Department of Rural Development and Land Reform: The national department responsible for SPLUMA.
c) The South African Planning Institute (SAPI): A professional body for planners in South Africa.