Section 82 Certificate
Category Development
In the context of industrial development in South Africa, the Section 82 certificate is related to the Municipal Systems Act (Act No. 32 of 2000). Specifically, this certificate pertains to the provision of municipal services to newly developed properties.
Here's a deeper dive into the Section 82 certificate in the context of industrial development - Section 82 Certificate - Municipal Systems Act:
Purpose:
Section 82 of the Municipal Systems Act states that no new property development can receive municipal services unless it has been certified with a Section 82 certificate. This ensures that developers have provided or made arrangements for necessary infrastructure like water, sewage, roads, electricity, and other services.
Procedure:
Before the municipality provides services to a new development, the developer must first ensure that the necessary infrastructure is in place.
Once the infrastructure is deemed satisfactory by the municipality, they will issue a Section 82 certificate, indicating that the development meets the requirements to be serviced by the municipality.
Relation to Transfer of Property:
Often, before a property within a new development can be transferred to a new owner, a conveyancer will require the developer to present a Section 82 certificate. This is a reassurance that the property will have access to municipal services.
Legal Implications:
Without a Section 82 certificate, properties within a new development may face challenges in obtaining essential services from the municipality. It could also hinder the process of transferring the property to new owners, which could have ramifications for property sales and investments.
Industrial Development Implication:
For industrial developments, this certificate becomes even more critical because industries often require consistent and robust municipal services. The absence of proper infrastructure or the inability to provide services can severely affect the functionality of industrial operations.
Cost Recovery:
Along with the provision of infrastructure, the developer might also be required to ensure mechanisms for the municipality to recover costs for the provision of services. This could be in the form of metering systems, service charges, or other agreements.
In conclusion, the Section 82 certificate plays a crucial role in new industrial developments in South Africa. It not only ensures the provision of necessary services to the industry but also offers a layer of protection to investors and businesses that will operate within the development. If you're involved in industrial development, it's vital to engage with local municipalities early in the process to understand the requirements and ensure compliance.
Author: Johanvdw