[FAQ] - WHY ARE MUNICIPAL RATES HIGHER ON VACANT LAND?
Municipalities often charge higher property rates on vacant land because of a combination of financial, planning, and policy reasons. While the exact approach varies by municipality, the main reasons are:
1. To encourage development
- Higher rates discourage owners from leaving serviced land vacant for long periods.
- Municipalities want land to be developed into homes, businesses, or other productive uses that support economic growth
2. To recover infrastructure costs
- Even if a property is vacant, the municipality may already have provided roads, water, sewer, stormwater, and electricity infrastructure to serve it. Property rates help recover the cost of maintaining this infrastructure.
3. To reduce land speculation
- Some owners buy land and hold it for years while waiting for its value to increase. Higher rates encourage owners to either develop the land or sell it to someone who will.
4. To promote efficient land use
- Vacant land within urban areas can contribute to urban sprawl if serviced land remains unused while development spreads outward. Encouraging infill development makes better use of existing infrastructure.
5. Municipal revenue
- Property rates are a major source of municipal income used to fund services such as roads, parks, libraries, refuse removal, and public safety.
In South Africa, the Municipal Property Rates Act, 2004 (Act 6 of 2004) allows municipalities to:
- Set different property rate categories (e.g. residential, business, agricultural, vacant land).
- Levy different rates for different categories, provided they comply with their Rates Policy and the Act.
- Offer rebates or exemptions in certain circumstances.
This means many municipalities lawfully charge a higher rates for vacant land than for developed properties, provided this is justified in their adopted rates policy.
Can owners challenge higher vacant land rates?
Yes. If you believe your property has been incorrectly categorised or the rate is unreasonable, you can:
- Check the municipality's annual Rates Policy and Tariffs.
- Verify the property's category on the municipal valuation roll.
- Lodge an objection during the valuation roll objection period or appeal where permitted.
For more on land related matters, contact us at the details below:
📧 [email protected] ☎️ (031) 140 0446 📱 WhatsApp: 073 783 3171 🌐 https://t.co/MZF2XNaDqc
[READ]: CAN I BUY A PROPERTY OR LAND THAT IS UNDER TRADITIONAL AUTHORITY?
In a recent matter, a client purchased a piece of land privately and requested a boundary verification survey for fencing purposes.
While private sales are legal in South Africa, a person cannot legally sell land or a property that is under a traditional authority if the land does not have a survey diagram approved by the Surveyor General’s Office and if they do not hold a Title Deed registered at the Deeds Office.
Traditional authority land is often communal land held by the State or a trust on behalf of the community. Individuals are usually granted rights of occupation or use rather than ownership. Because they do not own the land itself, they generally cannot transfer ownership by selling it.
However, there are exceptions:
If the person holds a registered title deed, they may be able to sell the property, even if it is located within a traditional authority area.
If the person only has customary occupation rights, a Permission to Occupy (PTO), an allocation letter, or similar rights, they generally cannot sell the land itself. In some communities, occupation rights may be transferred or reallocated with the approval of the traditional authority, but this is not the same as a sale of ownership.
In KwaZulu-Natal, where much land falls under the administration of the Ingonyama Trust Board, the holder of a lease or customary right cannot simply sell the land as though they own it freehold. The applicable approvals and legal requirements must be followed.
Before Buying Land or a Property Under Traditional Authority, You Should Establish:
✔️ Whether the land or property has an approved diagram
✔️ Whether the land or property has a registered title deed
✔️ Whether it falls on Ingonyama Trust land or other communal land.
✔️ What rights are registered or recognised in respect of the property.
✔️ Whether consent from the traditional authority, traditional council, or government department is required.
For more on Land Rights under Traditional Authorities contact us at the details below:
📧 [email protected] ☎️ (031) 140 0446 📱 WhatsApp: 073 783 3171 🌐 https://t.co/MZF2XNaDqc
[READ]: Thinking of buying property? Get a Land-Legal Report! 📂
In a recent matter, a client acquired a property that was marketed as an “urgent sale” by an agent, only to discover afterwards that the entire property falls within the Durban Metropolitan Open Space System (D’MOSS).
D’MOSS identifies areas of environmental significance that are subject to stringent environmental and development controls.
As a result, development within these is severely restricted and, in some cases, may require extensive environmental assessments and approvals before any development can proceed.
This serves as a reminder that understanding the planning, environmental, and legal constraints affecting a property is just as important as evaluating its location and purchase price. Obtaining professional advice before purchasing can help avoid costly surprises and ensure informed property investment decisions.
Get in touch with us at the details below for all your professional surveying and property development needs:
📧 [email protected] ☎️ (031) 140 0446 📱 WhatsApp: 073 783 3171 🌐 https://t.co/MZF2XNaDqc
🏢📐 BUILDING PLANS vs SECTIONAL TITLE PLANS - WHAT'S THE DIFFERENCE?
Many home owners assume that Building Plans and Sectional Title Plans are the same thing, but they serve very different purposes.
🔹 Building Plans Prepared by an architect or draughtsperson and approved by the local municipality before construction begins.
These plans show:
✔ The design and layout of the building ✔ Structural details ✔ Room dimensions ✔ Compliance with building regulations
Their purpose is to obtain permission to build.
🔹 Sectional Title Plans Prepared by a Professional Land Surveyor after construction is completed and approved by the Surveyor General’s Office in each province.
These plans show:
✔ The boundaries of individual units ✔ Common property areas ✔ Exclusive Use Areas such as parking bays and gardens ✔ Participation Quotas
Their purpose is to legally define ownership and enable the registration of a sectional title scheme at the Deeds Office.
💡 In simple terms: Building Plans allow you to build while Sectional Title Plans allow you to own and transfer it.
At WMPB, we assist developers and property owners with the preparation of accurate Sectional Title Plans for registration and transfer purposes.
For more on Sectional Titles contact us at the details below:
📧 [email protected] ☎️ (031) 140 0446 📱 WhatsApp: 073 783 3171 🌐 https://t.co/MZF2XNaDqc
#WMPB #LandSurveyors #SectionalTitle #BuildingPlans #PropertyDevelopment
[WHAT IS A SECTIONAL TITLE?]
A Sectional Title is a form of property ownership that allows you to own a specific section or unit of a building or development- such as a flat, townhouse, or office unit - while sharing ownership of the common property with other owners.
Common property may include:
✔️ Driveways ✔️ Gardens ✔️ Parking areas ✔️ Recreational facilities such as a swimming pool or braai-area
Each section is accurately measured and depicted on a Sectional Title Plan prepared by a professional land surveyor and approved by the relevant authorities.
Understanding sectional titles is important when buying, selling, developing, or managing property, as it clearly defines ownership boundaries and rights.
For more on Sectional Titles contact us at the details below:
📧 [email protected] ☎️ (031) 140 0446 📱 WhatsApp: 073 783 3171 🌐 https://t.co/MZF2XNaDqc
#LandSurveying #SectionalTitle #PropertyOwnership #PropertyDevelopment #Surveying #WMPB #SpatialData #SouthAfricaProperty #LandSurveyor
[READ]: Ever wondered what Unmanned Aerial Vehicles (UAVs) commonly known as drones are used for except taking pictures and videos?
At WMPB, we take your project to new heights with our advanced drone solutions - delivering fast, reliable, and high-resolution data for a wide range of applications.
Accurate Data. Elevated Results.
🔹 Topographic Surveys High-precision aerial mapping for planning, design, and development.
🔹 Inspections Safe and efficient assessments of hard-to-reach areas including infrastructure, buildings, and sites.
🔹 Aerial Mapping & Modeling Detailed orthophotos, 3D models, and terrain analysis for better project insights.
🔹 Progress Monitoring Track construction and development progress with real-time aerial data.
🔹 Volumetric Calculations Accurate stockpile measurements for mining, construction, and logistics.
Our pilots are licensed by the South African Civil Aviation Authority.
Make smarter decisions with data you can trust.
📩 Get in touch with us today for a quote: 📧 [email protected] ☎️ (031) 140 0446 📱 WhatsApp: 073 783 3171 🌐 https://t.co/MZF2XNaDqc
Visit us at:
📍 2 Ncondo Pl. Ridgeside Dr. Umhlanga Ridge, Durban
#WMPB #LandSurveying #DroneServices #TopographicSurvey #AerialMapping #SurveyingSolutions
[KNOW THE DIFFERENCE]: 🌊 Coastal Public Property vs Unsurveyed State Land 🌍
Understanding land classifications is essential when dealing with development, ownership, and land use rights. Here’s a clear breakdown of two commonly confused categories:
1. Coastal Public Property (CPP)
This refers to land along South Africa’s coastline that is held in trust by the State for the benefit of all citizens and governed by the National Environmental Management: Integrated Coastal Management Act 24 of 2008 (NEM: ICMA). It typically includes:
- Beaches
- Coastal waters
- Seashore areas
📌 Key Point: Coastal Public Property cannot be privately owned or sold. It is protected to ensure public access, environmental conservation, and sustainable use.
2. Unsurveyed State Land
This is land owned by the State that has not yet been formally surveyed or registered in the cadastral system. It may include:
Rural or undeveloped areas
Land earmarked for future development
Environmentally sensitive or protected zones
📌 Key Point: Unlike CPP, unsurveyed state land can potentially be surveyed, subdivided, and allocated for specific uses or ownership in the future.
⚖️ The Difference Matters:
While both fall under State control, Coastal Public Property is permanently protected for public use, whereas unsurveyed state land represents potential for future development or formalisation.
For guidance on land classification, surveying, and property rights, reach out to our team:
📧 [email protected] ☎️ (031) 140 0446 📱 WhatsApp: 073 783 3171 🌐 https://t.co/MZF2XNaDqc
[PROJECT UPDATE]: At WMPB, we are proud to have played a role in the successful completion of the Prince Buthelezi Mall in eMpangeni which is set to open on 30 April 2026.
Our team was appointed by the Moolman Group to carry out a detailed topographic survey to support the design phase of the development, ensuring accurate and reliable spatial data for the project team. In addition, we facilitated the subdivision of the property and the registration of the necessary servitudes, helping to lay the legal and physical groundwork for this landmark development.
It is always rewarding to see a project evolve from initial planning to a fully operational space that serves the community and contributes to local economic growth.
For more information on this masterpiece development, click on the link below:
https://t.co/frdiGAnZEM
[FAQ]: What is the difference between a servitude and a lease?
The difference between a servitude and a lease comes down to what rights are given and how much control over the property is transferred:
🔹 Servitude
A servitude is a limited real right over someone else’s property.
• Gives a person the right to use a specific portion of land
• Used for a specific purpose (e.g. access road, pipeline, drainage)
• Ownership stays the same
• Usually registered against the title deed and can bind future owners
• The landowner still uses the rest of the property
👉 Example: A neighbour has a right of way to access their property through yours.
🔹 Lease
A lease is a contractual agreement between a landlord and a tenant.
• Gives the tenant the right to use and occupy the property
• Usually applies to the whole property (or a defined unit)
• For a fixed period in exchange for rent
• Tenant often has exclusive possession during the lease period
• Does not transfer ownership, but gives stronger control than a servitude
👉 Example: Renting out a house, office, commercial building or farmland.
⚖️ Key Difference
• Servitude: Limited use for a specific purpose (no possession)
•. Lease: Broader use with exclusive possession for a period
For more information on servitudes and other property rights contact us at the details below.
📧 [email protected]
☎️ (031) 140 0446
📱 WhatsApp: 073 783 3171
🌐 https://t.co/MZF2XNaDqc
#WMPB #propertydevelopmemt #landrights #landsurveying
[FAQ]: When should you create a servitude?
A servitude should be created when the Dominant Owner needs a legal, long-term right over a portion of the Servient Owner.
- Dominant Owner - benefits from the servitude
- Servient Owner - whose property or land is burdened by the servitude
A servitude formalises access or usage and protects both parties by registering that right against the Title Deed.
Example:
Owner Y has sold operating rights to ‘Brand X’- a fuel company, over part of their property and wants to formalise the transaction.
This effectively means that that only Brand X’s products may be handled and sold from the property.
A Product Servitude can be registered over a specific area of the property for this purpose.
For more information on servitudes and other property rights contact us at the details below.
📧 [email protected]
☎️ (031) 140 0446
📱 WhatsApp: 073 783 3171
🌐 https://t.co/dlLDnHD390
#WMPB #propertydevelopmemt #landrights #landsurveying
[FAQ]: What is a servitude?
A servitude is a legal right registered against a Title Deed of a property. It allows someone else to use part of the land for a specific purpose.
Common types of servitudes include but are not limited to:
• Services / Utility Servitude
• Right-Of-Way (ROW) Servitude
• Drainage and/or Stormwater Servitude
Building on a servitude is a breach of a property’s Title Deed conditions and may lead to demolition.
For more information on servitudes and other property rights contact us at the details below.
📧 [email protected]
☎️ (031) 140 0446
📱 WhatsApp: 073 783 3171
🌐 https://t.co/dlLDnHD390
#WMPB #propertydevelopmemt #landrights #landsurveying
Egg hunt 🪺, fun bunny 🐰
To all our valued clients, please note that our offices will be closed from 15:00 today. We will re-open on April 07th.
From all of us at WMPB, Happy Easter Holidays!
[READ]: We recently attended the Preservation and Development of Agricultural Land Act ‘PDALA’ (Act 39 of 2024) consultation organised by the Department of Agriculture and Rural Development.
PDALA ‘the Act’ was assented to by the President on 20 December 2024 and published in the Government Gazette on 29 January 2025. The Act will eventually repeal the Subdivision of Agricultural Land Act ‘SALA’ (Act 70 of 1970) once implemented.
However, it has not yet come into effect and is currently awaiting finalization of regulations for full implementation.
The graphic below highlights some key take aways from the consultation.
#WMPB #PDALA #SALA #SPLUMA #DevelopmentPlanning
✅ Job Complete ✅
Another successful Topographic Survey completed for a client’s newly built offices. Accurate data and reliable topographic surveys ensure the best foundation for planning, design, development and compliance with municipal laws.
[WATCH]: Phase 1 of The Brickworks development by Investec Property (PTY) Ltd is nearing completion with various warehouses including Food Lovers Market, Supergroup Convenience among others fully operational. We take a look at when the bulk services were first installed and roads constructed in May 2022 vs June 2025.
We at WMPB would like to express our heartfelt gratitude to Investec Property (PTY) Ltd for trusting us with providing professional services as Consulting Land Surveyors for this development.
#memorylane #wmpb #landsurveying #propertydevelopment #construction #engineering
[DID YOU KNOW]: In terms of Section 3(b) of the Subdivision of Agricultural Land Act 'SALA', it is unlawful for agricultural land to be transferred to two or more unmarried persons, two or more persons married out of community of property and two or more legal entities. unless if Consent from the Minister thereto has been obtained.
Give us a call on (031) 940 - 1201 or drop us a mail at [email protected]
#WMPB #LandSurvey
In line with modern practice, we have created a WhatsApp account for easy access. Scan the QR Code or click on the link below:
Link: https://t.co/Lv5d8dGbhc
Despite some speculation, $RLUSD isn’t launching today. We’re in lockstep with the NYDFS on final approval and will share updates as soon as possible.
We are fully committed to launching under the supervision of NYDFS and upholding the highest regulatory standards. Stay tuned for updates!