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Water Sector Policy Database (WSPD)

Policy Detail Information
Policy Name: Local Government: Municipal Property Rates Act No 6 Of 2004

Open Policy Document Open Policy Document
This document has been opened: 708 times to date.
Date Of Release: 11 May 2004
Date Of Expected Review:
Date Last Updated: 15 Feb 2007
Policy Type: Existing legislation
Policy Level: National
Department: Department of Cooperative Governance and Traditional Affairs
Contact Name: Switchboard
Phone Number: 012 334 0600
Fax Number: 012 334 0603
Directorate: Policy & Legislation
Contact Name: Switchboard
Phone Number: (012) 334 0600
Fax Number: (012) 334 0603
Topics covered:
Legislations Impacting on WS/WR
Policy Precis:

To regulate the power of a municipality to impose rates on property; to exclude certain properties from rating in the national interest; to make provision for municipalities to implement a transparent and fair system of exemptions,
reductions and rebates through their rating policies; to make provision for fair and equitable valuation methods of properties; to make provision for an objections and appeals process; to amend the Local Government: Municipal Systems Act, 2000, so as to make further provision for the serving of documents by municipalities; to
amend or repeal certain legislation; and to provide for matters connected therewith.

Section Summary

  Section Number Section Heading Section Description
2 RATING Power to levy rates. Part 1 deals with rates policy: Adoption and contents of rates policy; Community participation; Annual review of rates policy; By-laws to give effect to rates policy.Part 2 deals with levying of rates: Rates to be levied on all rateable property; Differential rates; Properties used for multiple purposes; Levying of rates on property in sectional title schemes; Amount due for rates; Period for which rates may be levied; Commencement of rates; Promulgation of resolutions levying rates; Exemptions, reductions and rebates. Part 3 deals with limitations on levying of rates: Constitutionally impermissible rates; Other impermissible rates; Exemption of municipalities from provisions of section 17; Impermissible differentiation; Limits on annual increases of rates; Compulsory phasing-in of certain rates. Part 4 deals with additional rates: Special rating areas. Part 5 deals with the municipal register of properties: Register of properties
3 LIABILITY FOR RATES Property rates payable by owners; Payment of rates on property in sectional title schemes; Method and time of payment; Accounts to be furnished; Recovery of rates in arrears from tenants and occupiers; Recovery of rates from agents
4 GENERAL VALUATION OF RATEABLE PROPERTY Part 1 deals with general provisions: General valuation and preparation of valuation rolls; Date of valuation; Commencement and period of validity of valuation rolls. Part 2 deals with municipal valuers: Designation of municipal valuers; Functions of municipal valuers; Assistant municipal valuers; Data-collectors; Delegations by municipal valuers; Municipal partnerships; Qualifications of municipal valuers; Prescribed declaration; Inspection of property; Access to information; Conduct of valuers; Protection of information
5 VALUATION CRITERIA Valuation; General basis of valuation; Valuation of property in sectional title schemes
6 VALUATION ROLLS Contents of valuation rolls; Public notice of valuation rolls; Inspection of, and objections to, valuation rolls; Processing of objections; Compulsory review of decisions of municipal valuer; Notification of outcome of objections and furnishing of reasons; Right of appeal; Adjustments or additions to valuation rolls
7 VALUATION APPEAL BOARDS Establishment of valuation appeal boards; Functions; Composition; Disqualifications; Term of office; Conditions of appointment; Conduct of members; Termination of membership; Alternates; Meetings; Administrative assistance; Procedures; Quorums and decisions; Decisions affecting valuation rolls; Orders as to costs; Committees of appeal boards; Inspection of property; Access to information; Protection of information; Powers of appeal boards; Proceedings by, or against, appeal boards
8 UPDATING OF VALUATION ROLLS General; Supplementary valuations; Amendment of valuation rolls
9 MISCELLANEOUS MATTERS Condonation of non-compliance with time periods; Provincial monitoring; National monitoring and reporting; Regulations; Consultative processes before promulgation of regulations; Copyright of valuation rolls and other data; Offences; Application of Act when in conflict with other laws; Transitional arrangement: Valuation and rating under prior legislation; Transitional arrangement: Use of existing valuation rolls and supplementary valuation rolls; Transitional arrangement: Existing rates policy; Transitional arrangement: Application of section 21; Transitional arrangement: Liability of bodies corporate of sectional title schemes; Transitional arrangement: Special rating areas; Amendment of section 115 of Act 32 of 2000; Amendment and repeal of legislation; Short title and commencement
SCHEDULE Part 1: Laws of the former Province of the Cape of Good Hope; Part 2: Laws of the former Province of Natal; Part 3: Laws of the former Province of the Orange Free State; Part 4: Laws of the former Province of the Transvaal; Part 5: Other laws

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