In the News
Putting Capetonians of all income levels in well-located spaces
For the average Capetonian who happened to notice recent headlines about inclusionary housing (IH) coming to their neighbourhood, the reaction most likely fell somewhere from “inclusionary what?” and “I should probably care about this” to “interesting” and “hope it’s not in my neighbourhood”.
The State of Land Release in South Africa
In November 2020, the national Department of Human Settlements, Water and Sanitation announced with great fanfare that the government will no longer prioritise building houses for qualifying applicants, but instead focus its interventions on providing serviced land which people can use to build their homes themselves. There are numerous concerns that require clarity and further discussion, either through policy or an engaging and meaningful public participation process.
Legal Opinion on Inclusionary Housing In-Lieu Payments
The report provides a legal opinion on several questions relating to the Inclusionary Housing fees-in-lieu requirement where a developer pays a financial contribution as an alternative to providing affordable units on-site or off-site. The legal opinion concludes that a municipality does have the power to impose a condition for the payment of fees-in-lieu in certain limited circumstances, and outlines what would be required to authorise a broader application of this type of contribution. Importantly, the opinion finds that imposition of fees-in-lieu would not constitute a municipal tax.
Small-scale rental housing
Moving from the low to the high road
This publication highlights the role that small-scale developers play in the provision of affordable rental housing. Importantly, the publication unpacks reforms and incentives necessary to formalise small-scale rental housing in township areas. The report is the exciting product of a partnership between DAG’s Contractor and Developer Academy and the National Land Value Capture Programme.
Building an Inclusionary Housing Policy in Cape Town
This publication documents the unique procedure of the policy development process for the Cape Town Inclusionary Housing Policy. Bridging Divides: Building an Inclusionary Housing Policy in Cape Town is the first publication of the National Land Value Capture Programme, which was put together to act as a guide and a valuable resource for other metros wanting to develop inclusionary housing policies.
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.
National Land Value Capture Programme Inception Report Final
The partnership programme implementation started with a six months inception phase which comprises a series of planned activities aimed at defining project scope, key thematic areas and detailed implementation plan for the next three years. The inception phase period has proved to be an important and necessary phase for the project team to define not only the project scope and detailed implementation plan, but also to establish the
governance arrangements and partnerships necessary for the successful implementation of this program.