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National Land Value Capture Programme, Pegasys

30 June 2021

Development Action Group

English

uKESA Librarian 3

Report

South Africa

Downloads

Website References

Built environment

Governance

Housing

Housing policy

Human settlements

Land markets

Law

Markets

Municipalities

South Africa

Urban

Legal Aspects of Inclusionary Housing in South Africa

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.

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