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