
Flexible Land Tenure Act, 2012
Flexible Land Tenure Regulations: Flexible Land Tenure Act, 2012
Government Notice 101 of 2018
- Published in Government Gazette 6607 on 31 May 2018
- Assented to on 5 April 2018
- Commenced on 31 May 2018
- [This is the version of this document from 31 May 2018 and includes any amendments published up to 17 January 2025.]
1. Definitions
Unless the context indicates otherwise, in these regulations any word to which a meaning has been assigned in the Act, bears that meaning and-“Act” means the Flexible Land Tenure Act, 2012 (Act No. 4 of 2012);“certificate of right” means a certificate contemplated in regulation 22;“land hold plan” means a surveying document drawn up by a land measurer on the basis of the layout plan, depicting the measurements of boundaries and areas of plots, common property and servitudes, which is filed in the Land Rights Office and serves as the designation of the location of plots referred to in section 11(4) of the Act;“layout plan” means a town planning document necessary for the approval of a land hold title scheme by the local authority, showing the relative locations of envisaged plots, common property and servitudes;“relevant Registrar” means the Registrar of the Land Rights Office in which the scheme in question is situated; and“transaction” means a transaction for which the Act requires that it must be recorded in the starter title register or land hold title register and includes the correction of an error in the registers.2. General principles
3. Institutional arrangements relating to Land Rights Offices
4. Qualifications of land measurers
A land measurer must be registered in terms of section 16(1)(a), 16(1)(b) or 16(1)(c) of the Professional Land Surveyors’, Technical Surveyors’ and Survey Technicians’ Act, 1993 (Act No. 32 of 1993).5. Computer system
6. Copies of documents
7. Parties must appear in person
8. Power of attorney
9. General provisions relating to registers
10. Starter title register
11. Land hold title register
12. Blockerf
13. Steps before approval of starter title scheme
14. Steps before approval of land hold title scheme
15. Establishing of association and adoption of name
16. Steps after approval of establishment of starter title scheme
17. Steps after approval of establishment of land hold title scheme
18. Proposal to upgrade scheme
19. Upgrading starter title rights to land hold title rights
20. Cancellation of starter title register and opening of land hold title register
21. Upgrade to full ownership
22. Certificate of right
23. Transfer of rights
24. Mortgage bonds
25. Transfer of mortgaged plot
26. Servitudes
27. Constitution of associations
28. Election of management committee of association
29. Application to enforce restrictive condition
30. Procedure on appeal
31. Powers of magistrate’s court on appeal
32. Summoning of witnesses
33. Fees
History of this document
31 May 2018 this version
Commenced
05 April 2018
Assented to