STRAIGHT TALKERS BRINGING BALANCE - Development Law - The Big Small Firm stbb.co.za

Page created by Ivan Allen
 
CONTINUE READING
STRAIGHT TALKERS BRINGING BALANCE - Development Law - The Big Small Firm stbb.co.za
STRAIGHT
TALKERS
BRINGING
BALANCE

Development Law

The Big Small Firm   stbb.co.za
                           STBB
STRAIGHT TALKERS BRINGING BALANCE - Development Law - The Big Small Firm stbb.co.za
DEVELOPMENT LAW

THE                                                           WHY WAS THE
                                                              DEVELOPMENT
                                                                            STBB’s Development Law Unit
                                                                            (DLU) came into existence
                                                                            during April 2015.
FIRM
                                                              LAW UNIT
                                                              FORMED?       The ground-breaking initiative
                                                                            was timed to coincide with
                                                                            changing legislation and
                                                                            processes relating to land
Established in 1900, STBB is a firm of approximately                        development, implemented
100 business-minded lawyers practising from 11 offices                      from 1 July 2015 onwards,
throughout South Africa.                                                    such as the coming into effect
                                                                            of the Spatial Planning and
By understanding our clients’ needs and objectives,                         Land Use Management Act
we strive to deliver cost-effective legal solutions for all                 (on national level) and the
business and personal matters. We are committed to                          gradual implementation of the
developing close working relationships with our clients,                    Land Use Planning and Land
enabling us to succeed consistently on their behalf.                        Use Management regulation
                                                                            (Western Cape).

                                                                            The DLU was warmly received
                                                                            by developers, town planners
                                                                            and environmental practitioners
                                                                            and also welcomed by the
                                                                            Western Cape Department
                                                                            of Environmental Affairs and
                                                                            Development Planning.

2                                                                                                      STBB
DEVELOPMENT LAW

WHAT IS ITS       In the DLU, we have combined           TYPICAL        •   Advising and drafting
FUNCTION?         various specialist legal fields        INSTRUCTIONS       of constitutions for home
                  to form a single unit, thus                               owners associations as
                  giving us the ability to furnish                          well as management and
                  our clients with specialist                               conduct rules for body
                  advice in a comprehensive and                             corporates and also
                  integrated manner. The property                           obtaining the required
                  development sector in South                               CSOS approval.
                  Africa is multifaceted, strictly                      •   Registrations of non-profit
                  regulated and complex.                                    companies for home owners
                  The only effective manner in                              associations if required.
                  which the legal field can play its                    •   Advising on structures,
                  role in this sector is to integrate                       exclusive use areas and
                  the required legal expertise                              phasing of developments.
                  intelligently, which is exactly                       •   Assisting with due diligence
                  what STBB’s Development Law                               investigations.
                  Unit has done.                                        •   Assisting developers with
                                                                            all aspects of general and
                  Importantly, the DLU functions                            special meetings in terms
                  as a watchdog for our                                     of the constitution and
                  developers from inception                                 rules of the association
                  of a project until successful                             and body corporate during
                  completion and, in the process,                           the development period.
                  strengthens the developer’s
                  position. Objections against
                  developments, review letters           LEGAL FIELDS   •   Property law
                  from authorities and minutes of        OF EXPERTISE   •   Planning law
                  meetings are strictly scrutinised      COVERED        •   Environmental law
                  and advice is furnished                BY THE UNIT    •   Local government law
                  throughout the development                            •   Construction law
                  application process.                                  •    Water law
                                                                        •     Associated legal fields:
                  In light of the various specialist                           constitutional law,
                  legal fields represented by the                              administrative law,
                  members of the DLU, we believe                               expropriation, etc.
                  that we are better placed and                         •      Commercial Contracts
                  equipped than any other law
                  firm to furnish sound legal
                  advice to property developers,
                  development consultants
                  (town planners, environmental
                  consultants, engineers,
                  architects, etc.), local authorities
                  and financial institutions.

4                                                                                                         STBB
DEVELOPMENT LAW

THE               The Helderberg Development   WHERE IS THE   Although permanently based in
HELDERBERG        Law Unit has 3 senior        DLU TEAM       Helderberg, the DLU does not
DLU TEAM          professionals addressing     BASED?         function separately or distinctly
                  all requirements of land                    from the other departments
                  development in the various                  or disciplines in STBB, but
                  applicable areas of law.                    forms part of any legal team
                                                              where it can add value. It is
                  Directors                                   already rendering high-quality
                                                              specialist legal advice in the
                  •   Annetjie Coetsee                        field of development law in an
                  •   Annemarie Van Vuuren                    integrated manner with other
                  •   Ghislaine Barends                       legal fields practised by the
                                                              STBB professional team.
                  Associates
                                               STBB           1st Floor Titanium House
                  •   Hein Nauschutz           HELDERBERG     19 Gardner Williams Avenue
                                                              Paardevlei, Somerset West

                                                              Telephone: +27 21 850 6400
                                                              Fax: +27 21 852 1770

                                                              Visit www.stbb.co.za to make
                                                              the DLU the starting point
                                                              of your development and let
                                                              us undertake the journey to
                                                              success together.
6                                                                                         STBB
DEVELOPMENT LAW

THE
NEWSLETTER
                  DEVELOPMENT LAW UPDATE

                  With the launch of this
                                                     SHOULD YOU WISH
                  prestigious unit, we also
                  introduced a new publication,
                                                     TO SUBSCRIBE
                  the Development Law Update.
                  It is a monthly newsletter         TO RECEIVE THIS
                                                     INFORMATIVE
                  which provides a snapshot of
                  important news, cases and
                  legislative happenings reported
                  each month and which impact
                  development law, municipal and     PUBLICATION
                  planning law, environmental law,
                  property and conveyancing.         FOR FREE EVERY
                  The Development Law Update
                  keeps developers, planners,
                                                     MONTH, PLEASE
                  surveyors, architects and
                  municipal land planning            EMAIL US AT
                                                     INFO@STBB.CO.ZA.
                  officials informed of daily
                  judgments and legislative
                  developments on all levels of
                  government as they happen.
                                                     OR SIGN UP AT
                                                     STBB.CO.ZA/
                                                     SUBSCRIBE

8                                                                  STBB
DEVELOPMENT LAW

CONTACT US

WESTERN CAPE                                  GAUTENG

Cape Town Office                              Bedfordview Office
8th Floor, 5 St Georges Mall, Cape Town       105 Boeing Road East, Bedfordview
Tel: 021 406 9100 | Fax: 021 419 7909         Tel: 011 453 0577 | Fax: 011 453 9721

Blouberg Office                               Centurion Office
24 Blaauwberg Road, Table View                F&S House, c/o John Vorster Drive
Tel: 021 521 4000 | Fax: 021 521 4001         & Lenchen Avenue North, Centurion
                                              Tel: 012 001 1546 | Fax: 086 241 7535
Claremont Office
2nd Floor, Buchanan’s Chambers,               Fourways Office
Cnr Warwick Street & Pearce Road, Claremont   Ground Floor, Block A, The Pivot,
Tel: 021 673 4700 | Fax: 021 673 4701         Montecasino Boulevard, Fourways
                                              Tel: 010 001 2632
Fish Hoek Office
26 1st Avenue, Fish Hoek                      Illovo Office
Tel: 021 784 1580 | Fax: 021 782 6224         Ground Floor, Boundary Place,
                                              18 Rivonia Road, Illovo
Helderberg Office                             Tel: 011 219 6200 | Fax: 011 219 6238
1st Floor, Titanium House, 19 Gardner
Williams Avenue, Paardevlei, Somerset West    EASTERN CAPE
Tel: 021 850 6400 | Fax: 021 852 1770

Tyger Valley Office                           East London Office
5 High Street, Rosenpark, Tyger Valley        16 Donald Road, Vincent, East London
Tel: 021 943 3800 | Fax: 021 914 1080         Tel: 043 721 1234 | Fax: 043 721 0592

10                                                                                    STBB
DEVELOPMENT LAW

IN AN ENDEAVOUR   A PROFESSIONAL
                  AT ANY OF OUR
                                    •
                                    •
                                    •
                                        All Conveyancing
                                        Commercial Law
                                        Commercial Property Law
TO PROVIDE        BRANCHES
                  WILL BE ABLE TO   •
                                    •
                                        Constitutional Law
                                        Construction Law

THE OPTIMUM
                  RECOMMEND AN
                                    •   Correspondent Services
                  APPROPRIATE       •   Divorce, Child and Family Law

PROFESSIONAL
                  ATTORNEY/         •   Insolvency Law
                  STAFF MEMBER      •   Insurance Law
                  TO MEET YOUR
SERVICE TO OUR
                                    •   Labour Law
                  NEEDS, GIVEN      •   Litigation and Dispute
                  THEIR AREA            Resolution

CLIENTS, WE       OF EXPERTISE
                  AND THE
                                    •
                                    •
                                        Mergers and Acquisitions
                                        Motor Vehicle Accident and

HAVE VARIOUS      LOCATION MOST
                  CONVENIENT
                                    •
                                        Personal Injury Claims
                                        Municipal Planning Law

DEPARTMENTS
                                    •   Non-Resident Services
                  FOR YOU.          •   Property Development and
                                        Environmental Law
SPECIALISING IN                     •
                                    •
                                        Residential Property Law
                                        Tax

SELECT ASPECTS                      •   Wills, Trusts and Deceased
                                        Estates

OF LAW.

12                                                              STBB
DEVELOPMENT LAW

RECENT            WESTERN CAPE                       27   Burgundy – Cape Town
DEVELOPMENTS                                         28   Chapel Towers – Cape Town
                  1    Evergreen Bergvliet
BY STBB                                              29   The Paragon – Observatory
                  2    Evergreen Broadacres
                                                     30   Devonvale Golf Estate
                       (Life Right Development)
                                                          – Stellenbosch
                  3    Evergreen Fish Hoek:
                                                     31   Fountain Edge
                       Serina Retirement Village
                                                          – Somerset West
                       (Life Right Development)
                                                     32   Storage Strand – Strand
                  4    Evergreen Somerset West
                       (Life Right Development)      33   Storage Broadlands – Strand
                  5    9 Suddie Close                34   Firgrove Industrial Park
                                                          – Firgrove
                  6    Evergreen Diep River
                       (Life Right Development)      35   Pearl Valley – Paarl
                  7    Croydon Gardens               36   Royal Palms – Paarl
                  8    No 1 Harbour Arch             37   Stadsig – Wellington
                  9    Dartingo (Pty) Ltd            38   The Yacht Club – Cape Town
                       – Langebaan                   39   Madison Square – Cape Town
                  10   Cedar Hill Estate             40   The Winchester – Observatory
                       – Somerset West               41   Pine Ridge
                  11   Albirize (Pty) Ltd – Parow    42   The Eden – Observatory
                       The Sandown – Milnerton
                                                     43   21 on Wellington – Wynberg
                  12   Paardevlei Square
                                                     44   10 Victoria Walk
                       – Somerset West
                                                     45   81 on Kenilworth Road
                  13   Paardevlei Lifestyle
                                                          – Kenilworth
                       – Somerset West
                                                     46   Avendia – Parow
                  14   25 Marsden Road
                       – Woodstock                   47   Point
                  15   35 on Grove – Claremont       48   Greenwich Square
                                                          – De Waterkant
                  16   22 On Earl – Hout Bay
                                                     49   Millbrook – Rondebosch
                  17   48 on Coronation
                                                     50   One on Scott – Cape Town
                  18   54 on Dean – Newlands
                                                     51   De Zicht – Milnerton
                  19   72 Chester Road
                                                     52   Storage Paarl – Paarl
                  20   81 on Kenilworth Road
                       – Kenilworth                  53   Meadowlane – Sitari
                  21   The Sentinel – Cape Town      54   The Jade – Somerset West
                  22   Ten on Q – Sea Point          55   Hunton – Somerset West
                  23   The Iron Works – Salt River   56   The Huntsman
                                                          – Somerset West
                  24   Two 16 on HL – Cape Town
                                                     57   Fynbos – Milnerton
                  25   Rondevlei
                       – Weltevreden Valley          58   28 on St James
                  26   Wex 1 – Woodstock             59   17 on Cluver – Stellenbosch

14                                                                                   STBB
DEVELOPMENT LAW

                  60   Lady Blake – Wellington          94    Nouveau Estate
                  61   Wilde Paarde Country Estate            – Constantia
                       – Paarl                          95    Valley Walk – Hout Bay
                  62   Sitari                           96    The Riverdale
                  63   Malibu Village                         – Hout Bay
                  64   Forest Village                   97    The Vera – Vredehoek
                  65   Rochester Village – Heathfield   98    The Aster – Oranjezicht
                  66   The Onyx – Cape Town             99    The Cedar – Oranjezicht
                  67   The Palms – Ottery               100 55 on Southdale – Edgemead
                  68   The Glengariff – Cape Town       101 106 Upper Park Road
                                                            – Woodstock
                  69   The Signature – Cape Town
                                                        102 Albirize (Pty) Ltd – Parow
                  70   Elements on Main
                                                        103 Avenida, Burgundy
                  71   Elements on Battery
                                                            – Cape Town
                  72   The Brittany
                                                        104 Buchanan Square
                  73   Tuynhuys                             – Woodstock
                  74   Summerley Court                  105 Burnley Lodge
                       (Retirement) – Kenilworth
                                                        106 Central Park – Century City
                  75   Schonenberg Estate
                                                        107 Chapel Towers – Cape Town
                       – Somerset West
                                                        108 Clifton Terraces
                  76   Schonenberg Retirement
                                                            – Atlantic Seaboard
                       Village – Somerset West
                                                        109 Diemersfontein Country
                  77   The Premier
                                                            and Wine Estate
                  78   Madison Place
                                                        110 Eighty Eight on Harfield
                  79   Sixty 6 on K
                                                        111   Figtree Estate – Durbanville
                  80   Seven on S
                                                        112 Forty on L – Cape Town
                  81   Seven on T
                                                        113 Four on C – Sea Point
                  82   12 on V
                                                        114 Hillside – Strand
                  83   Fifty8 on V
                                                        115 Kerzner Estate – Hout Bay
                  84   Blackstone – Brackenfell
                                                        116 Langebaan Country Estate
                  85   Evergreen – Noordhoek                – Langebaan
                  86   Evergreen – Muizenberg           117   Langezandt
                  87   The Block – Bellville            118 Little Glen Views
                  88   Somerset Gardens                     – Atlantic Seaboard
                       – Somerset West                  119 Mirage – Cape Town
                  89   Oak Park – Bellville             120 Oakley Villas
                  90   Die Wingerd – Kuilsriver         121 Oasis Retirement Resort
                  91   Sandown Grove – Parklands            – Century City
                  92   The Arum – Vredehoek             122 Palme Vue
                  93   Vida Unico – Langeberg           123 Palm Royale

16                                                                                       STBB
DEVELOPMENT LAW

                  124 Palm Springs                   GAUTENG
                  125 Palme D’Or
                                                     1    Protea Glen Extension 27
                  126 Palme Grove
                                                          – Chartwell
                  127 One on Scott – Cape Town
                                                     2    Picollo Close (Rynfield Ext 106)
                  128 Park Lane – Century City            – Chartwell
                  129 Riverstone Mews – Wynberg      3    Elwood (The Reeds Ext 49)
                  130 Silver Meadows                      – Carthwell
                  131 Silwerstrand – Robertson       4    One on Whitely – Melrose North
                  132 Stonehill Place – Cape Town    5    Devland Ext 1
                  133 Strand Close – Strand          6    Lufhereng – CityDev & Ndlu
                  134 Strand Gardens – Strand        7    Azaadville Gardens
                  135 Strubens Mews – Observatory         – Old Mutual
                  136 Summerley Court                8    Lehae Ext 1 – CityDev
                      (Retirement) – Kenilworth      9    Thornbury Gardens – Pretoria
                  137 Ten on Q – Sea Point           10   Embassy Towers – Sandton
                  138 The Adelphi – Sea Point        11   Savannah City
                  139 The Aldro – Wynberg            12   Melrose Arch
                  140 The Chelsea – Greenpoint       13   Whitfield Ridge – Barzani 53
                  141 The Crystal – Camps Bay        14   The Governors – Albertville
                  142 The Eight – Claremont          15   African Monarch Private
                  143 The Hyde – Sea Point                Conservancy
                  144 The Premier                    16   Excelsior Estate
                  145 The Six – Cape Town            17   The Boulevard
                  146 The Wentworth – Kenilworth
                  147 Three Fountains – Kenilworth
                                                     EASTERN CAPE
                  148 Two 16 on HL – Cape Town
                  149 Twelve on V – Sea Point        1    The Ridge
                  150 Wycombe Place – Constantia

18                                                                                   STBB
info@stbb.co.za
DEVELOPMENT LAW                                  stbb.co.za

Visit our website or download our app for online reporting
on your conveyancing transactions. All that is required
is a user number and password, which is sent via SMS
directly to your cell phone if you are an individual client.
If you are a company, we will provide you with your
own user number and password for 24-hour access to
updates on your transactions.

Disclaimer:
The material contained in this article is provided
for general information purposes only and does not
constitute legal or other professional advice. We accept
no responsibility for any loss or damage which may arise
from reliance on information contained in this article.

©STBB
20    JANUARY 2021                       All rights reserved
You can also read