WHEN ARE ENGINEERING CONTRIBUTIONS DUE AND PAYABLE?
Friday, 17 January 2020
INTRODUCTIONThis article examines more closely the thorny issue of when engineering contribution figures demanded by the municipality become due and payable. COMMON MUNICIPAL PRACTICE In most (but not all) municipalities it is common practice to require payment of any engineering contribution figures levied (but not paid) at the time when rates clearance figures are applied
- Published in 2015, Engineering Contributions
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VACANT GARDENS AND PROPERTY RATES
Friday, 17 January 2020
INTRODUCTIONThe purpose of this article is to explain the laws and policies that determine how property rates and other services are charged to erven that do not have residential homes on, but form part of the garden of a person’s residence. TYPICAL EXAMPLE The problem discussed in this article most commonly arises where a person’s
- Published in 2015, Property Law
UNUSUALLY HIGH WATER BILL?
Friday, 17 January 2020
INTRODUCTIONThere can be nothing more alarming than suddenly receiving a monthly invoice containing municipal charges that far exceed what you had expected or budgeted for. There are three possible reasons why you may have suddenly received an unusually high water bill. The City* may have:i. overestimated the amounts that you should be charged for based
- Published in 2015, Unusual Water Bill
SPOLIATION IN COMMERCIAL LEASES
Thursday, 16 January 2020
INTRODUCTION It is a settled law that if a landlord unlawfully deprives a tenant of electricity or water supply at a residential property, this constitutes spoliation, or unlawful dispossession. This unlawful dispossession can beprotected by bringing an application to a Court for an order that the supply be restored immediately. The action under which this
- Published in 2015, Spoliation
MULTI-DWELLING PROPERTIES AND THE COJ
Wednesday, 15 January 2020
INTRODUCTIONProperties on which residential sectional title schemes or apartment blocks are built must be billed by the City in a manner that takes into account the number of ‘dwelling units’ or ‘flats’ at the property.This is because in terms of our law, each ‘unit’ or ‘flat’ is entitled to 6 free kl of water per
- Published in 2015, Property Law
REVERSAL OF RATES AS A RESULTS OF A CATEGORIZATION CHANGE
Wednesday, 15 January 2020
INTRODUCTION This article considers when, and the extent to which, charges ought to be reversed from a consumer’s account as a result of a categorization change. RATING CATEGORIZATIONS The law provides that municipalities are entitled to determine the categories in respect of which properties within their jurisdictions fall for rating purposes. These categories must, by
- Published in 2015, Reversal of Rates
ENGINEERING CONTRIBUTION FIGURES
Tuesday, 14 January 2020
INTRODUCTION Sections 20(2)(c)(i), 48, 63, and Chapter 5 of the Town Planning and Townships Ordinance 15 of 1986 (“the Ordinance”) deal with the levying and payment of engineering contribution figures. These are essentially amounts payable by a person who has applied for rights to change the use of a property, in order to facilitate the
- Published in 2015, Engineering Contribution Figures
NHBRC CERTIFICATES
Monday, 13 January 2020
WHAT IS THE NHBRC? The Housing Consumers Protection Measures Act 95 of 1998 was introduced into our law to protect housing consumers and establish the National Homebuilders Registration Council (NHBRC) as the regulatory body of the home building industry. The NHBRC also sets out to promote ethical and technical standards, holds home builders accountable for
SPOLIATION – TERMINATION OF ABILITY TO PURCHASE PRE-PAID ELECTRICITY
Monday, 13 January 2020
SUMMARY The present case is an application based on the mandament van spolie to restore the supply of water and electricity services which were restricted by a Home Owners Association due to arrear levies on the account. Gert van Rooyen (the Applicant) leased a property within an estate. The owner of the property was a
- Published in 2015, Spoliation
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