Legal Aspects of Inclusionary Housing in South Africa
30 June 2021
Development Action Group
This legal research report clarifies the legal position on Inclusionary Housing as a land use planning instrument. The legal research specifically focused on legal implications for (i) mandating spatially targeted inclusionary housing conditions in active urban land markets and (ii) providing an “in-lieu fees” option to development applicants for satisfying inclusionary housing requirements. The report concludes that there is sufficient legal basis under South African law to authorise municipally-imposed mandatory inclusionary housing requirements and more tentatively, to provide for an in-lieu fee option.
Abstract based on source.