Is Your Municipality Overcharging You for Clearance Figures?
Don’t let administrative delays or inflated bills stall your property transfer.
The Problem
When transferring property, municipalities are required to issue a rates clearance certificate confirming that all charges, including rates, refuse removal, water, electricity, and sanitation, are paid in full.
However, too often these clearance figures are inflated, inaccurate, or unlawfully calculated. Errors in billing, unallocated payments, or outdated valuations can leave property owners and developers paying far more than they owe.
While disputes drag on, property transfers and developments are delayed, creating unnecessary frustration, financial strain, and even reputational damage for professionals involved in the transaction.
The Real Issue: Unlawful Administrative Decisions
These errors aren’t just inconvenient, they can be unlawful.
Under the Promotion of Administrative Justice Act (PAJA), every municipal decision must be lawful, reasonable, and procedurally fair.
This includes how clearance figures are calculated and issued.
“Municipalities must act transparently, reasonably, and in good faith when determining any administrative charge or clearance.”
The Law Protects You
South African legislation gives property owners and professionals the right to fair, transparent billing:
- Promotion of Administrative Justice Act (PAJA): Ensures all municipal decisions are lawful, reasonable, and procedurally fair.
- Municipal Systems Act: Requires municipalities to maintain transparent and accurate billing practices.
- Spatial Planning and Land Use Management Act (SPLUMA): Governs fair and consistent land-use and development decisions.
If a municipality cannot justify inflated clearance figures, you are legally entitled to challenge that decision and demand correction.
Who We Help
Property Owners
Stop overpaying for billing errors that aren’t yours.
Conveyancers & Attorneys
Protect your clients and maintain smooth, compliant transfers.
Investors & Managing Agents
Keep property transactions efficient, compliant, and dispute-free.
How We Help
At
Roodt & Co Attorneys, we specialise in resolving municipal billing disputes and navigating administrative delays.
We:
- Review clearance figures for
accuracy and legality.
- Identify and
challenge inflated or unlawful charges.
- Engage municipalities directly to correct errors and fast-track clearance.
- Provide clear, evidence-based opinions to protect your rights and ensure fair billing.
Our approach helps clients recover overpayments, prevent future disputes, and complete transactions without unnecessary delay.
At Roodt & Co Attorneys, our mission is to deliver legal services and representation that are both clear and dependable. We stand with homeowners to protect their property rights, to assist developers in navigating approvals, and we support professionals in managing their risk. We aim to simplify complex matters to make them understandable, digestible and actionable to provide our clients with clarity regarding their matter.
Legal Disclaimer:
The content on this page is provided only for general informational purposes and does not constitute legal advice. Reading or relying on this content does not establish an attorney-client relationship with Roodt Law, our attorneys, or staff.
Legal situations are highly fact-specific. You should always consult a qualified attorney regarding your specific circumstances before acting on anything you read here or elsewhere on this site.
Roodt Law does not guarantee the accuracy, completeness, or currency of this information, and we expressly disclaim liability for any errors, omissions, or outcomes resulting from reliance on it. Neither the firm nor its members assume responsibility for any loss or damage incurred in connection with the content.
This page is not intended and should not be considered as legal advice regarding any individual situation or matter.
Get In Touch
Contact Us
We will get back to you as soon as possible.
Please try again later.
Address:
61 Thomas Edison Street
Menlo Park
Pretoria 0081
