oa Comparative and International Law Journal of Southern Africa - Planning, informal settlement and housing in South Africa: the Development Facilitation Act in view of Latin American and African developments
|Article Title||Planning, informal settlement and housing in South Africa: the Development Facilitation Act in view of Latin American and African developments|
|© Publisher:||Institute of Foreign and Comparative Law|
|Journal||Comparative and International Law Journal of Southern Africa|
|Affiliations||1 University of Stellenbosch|
|Publication Date||Mar 2002|
|Pages||1 - 25|
|Keyword(s)||Chile, Comparative legal perspective, Development Facilitation Act, Housing delivery, Land use control, Latin America, Mexico, Peru, South African legal system, Zimbabwe and Zoning laws|
This article reviews the land use control framework for formal and informal settlements in South Africa. The development of overriding legislation capable of providing a single procedure for land development was imperative. The Development Facilitation Act 67 of 1995 was consequently implemented. Existing legislation continued to operate alongside the DFA which provided a speedier procedure. Other unique characteristics of this Act are, for example, the provision of ownership in phases, the possibility of removing a title deed restriction simultaneously with a development application, and the provision of 'non-statutory development' - of specific importance to the issue of land availability. Although the DFA is an Act of national application, it envisages that provincial legislatures can formulate their own legislation within the guideline framework it creates. Many problems are currently being experienced with the application of the Act. Research into long-term solutions in other developing countries is necessary to find a way towards redressing spatial inequalities on a sustainable developmental basis.
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