PART 5: CATEGORIES OF PROPERTY AND OWNERS OF PROPERTY
[12] The Council has resolved to levy different rates for different categories
of property, based
on the use of the property concerned, the
ownership of the property concerned, and the
geographical area where the property is
situated.
[13] The following categories of property are recognised: (a)
residential property;
(b)
residential property: mixed use;
(c)
industrial property;
(d)
business and commercial property;
(e)
farm property: residential;
(f)
farm property: business and
commercial;
(g)
farm property: industrial;
(h)
farm property: agricultural;
(i)
smallholding: residential;
(j)
smallholding: industrial;
(k)
smallholding: business and
commercial;
(l)
smallholding: agricultural;
(m) public
service infrastructure;
(n)
property used for multiple purposes; and
(o)
vacant land.
[14] In determining the categories of owners identified for the purpose of
exemptions, rebates
and reductions, the following criteria
were utilised: (a)
the income of the owner of the property;
(b)
the source of income of the owner of the property;
(c)
the employment status of the owner of the property; and
(d)
use of the property
[15] The following categories of owners and the geographical area, as defined
in the Act or herein, [part 6], have been identified for
the purpose of exemptions, rebates and reductions: (a)
public benefit organisations and not-for-gain institutions;
(b)
land reform beneficiaries;
(c)
indigent households;
(d)
pensioners;
(e)
disabled persons;
(f)
bona fide farmers;
(g)
sporting bodies;
(h)
specified development zones;
(i)
commercial and industrial
developers;
(j)
municipal owned property;
(k)
state owned property;
(l)
protected critical biodiversity
areas;
(m)
protected biodiversity; and
(n)
owners of property situated within an area affected by a disaster within the
meaning of the Disaster Management Act, No. 57 of 2002.
[16] Whilst some categories of property and categories of owners are granted
relief with regard
to the payment of rates, no relief shall
be granted in respect of the payment for rates to
any category of owner of property or to
owners of properties on an individual basis, and
any relief granted shall only be by way of
an exemption, rebate or reduction, as provided
for in this Policy.
PART 6: EXEMPTIONS, REBATES AND REDUCTIONS
[17] The
Council has considered the following factors for the purposes of granting
exemptions,
rebates and reductions: (a)
the need to accommodate indigent persons
and less affluent pensioners;
(b) the services provided to the community
by public service organisations;
(c) the value of agricultural activities
to the local economy coupled, with the extent of
municipal services extended to properties on which such activities are
carried out, but also taking into account the municipal services provided to
municipal residents who are employed in such activities
(d)
the environmental amenity value and
reduced environmental risk; and
(e) the private contribution to meeting
municipal and national environmental management
objectives and biodiversity targets.
[18] EXEMPTIONS:
PUBLIC BENEFIT ORGANISATIONS, NOT-FOR-GAIN
INSTITUTIONS AND LONG-TERM PROTECTED
CRITICAL BIODIVERSITY AREAS
(1) In addition to the provisions made in Section 7 (2) (a) of
the Act and the exclusions outlined in section 17 of the Act, the Public
Benefit Organisations and not-for-gain institutions or organisations may apply
annually for the exemption of rates in respect of the following categories of
properties owned by them:
(a) properties used exclusively as hospitals, clinics, mental hospitals,
orphanages, retirement villages, old age homes, or any
other benevolent
institutions, provided that any profits from the use
of such properties are used
entirely for the benefit of the institution and/or to
charitable purposes within
the Municipality;
(b) properties belonging to not-for-gain institutions or organisations that
perform charitable work;
(c) land used exclusively for cemeteries and crematoriums;
(d) properties declared as Long-term Protected Critical Biodiversity Areas by
contractual agreement entered into with the
municipality, or the provincial
biodiversity conservation authority, and which are
compliant with regulations
under the Biodiversity Act (Act 10 of 2004), and
the Protected Areas Act (Act 57 of
2003);
(e) properties declared in terms of the Cultural Institutions Act, No. 29 of
1969 or
the Cultural Institutions Act, No. 66 of 1989;
(f) museums, libraries, art galleries and botanical gardens
registered in the name
of private persons and open to the public;
(g) properties registered in the name of a trustee or trustees and/or organisations,
as defined in the Social Aid Act, No. 66 of 1989,
which are maintained for the
welfare of war veterans and their families;
(h) properties owned and/or used by youth organisations for the promotion and
development of the youth;
(i) properties owned, or used, by institutions or organisations, the
exclusive aim
of which is to protect birds, reptiles, fish and
animals on a not-for-gain basis;
(j) properties registered in the name of and used primarily as a
place of public
worship by a religious community, including an
official residence registered in
the name of that community which is occupied by an
office-bearer of that
community who officiates at services at that place of
worship in terms of
Section 17(1)(i) of the Act; and
(k) property owned by or used by institutions/organisations whose exclusive aim
is to protect biodiversity, registered in terms of
Schedule 9 of the Income Tax
Act, and compliant with relevant regulations under the
Biodiversity Act or
provincial legislation.
(2)
The effective date of the exemption from rating will be the date when the
Municipality approves the application for exemption, irrespective of whether
the property qualified for exemption in terms of its use prior to that date.
[19] REBATES
(1) The level of rebate granted to
specific owners within each category of property situated
within the service area of the Municipality will be determined annually as part
of the operating budget process. Granting of rebates within a particular
category of property is aimed at ensuring an equitable distribution of the
property rates burden amongst the categories of property that constitute the
property rates base of the Municipality.
(2) Indigent
households
The Council has adopted an Assistance to the Poor Policy that provides for the
alleviation of the rates burden on the low income sectors of the community
within the Municipality. Owners of property who qualify for the assistance
provided by this Policy must make application to access the relief provided if
they do not automatically receive it.
(3) Pensioners
and disabled
Retired and disabled persons qualify for rebates in accordance with their
monthly household income. To qualify for such rebate, a retired or disabled
property owner must:
(a) occupy the property as his or her
normal residence;
(b) be the owner of the property;
(c) produce a bar-coded identity document;
(d) be at least 60 years of age on 1 July
of the financial year concerned or be in receipt of
a pension, disability grant or income from any other source;
(e) be in receipt of a total monthly
income from all sources (including the income of the
spouse of the owner) not exceeding R4 500 per month; and
(f) not be in receipt of an indigent
subsidy. The rebate applicable to the elderly and
disabled is set out in the table hereunder:
Monthly Household Income
Rebate
Less than R1 580.00
100%
Between R1 581.00 and R2 000.00
85%
Between R2 001.00 and R2 500.00
70%
Between R2 501.00 and R3 000.00
55%
Between R3 001.00 and R3 500.00
40%
Between R3 501.00 and R4 000.00
25%
Between R4 001.00 and R4 500.00
10%
(4) Bona
fide farmers
In the case of properties that are used for agricultural purposes, the owner(s)
may qualify for an agricultural rebate, subject to the following conditions:
(a) The property must be used
predominantly for bona fide agricultural purposes;
(b) The usage of the property must accord
with the zoning scheme for the area; and
(c) The owner must be registered with the
South African Revenue Service as a farmer and
must submit a copy of the last IT48 (“calculation of taxable income
from farming operations”) together with the application for a rebate. If no IT48
can be produced due to recent ownership change, upon application, a
municipal official, authorised by the Municipal Manager shall issue an agricultural
certificate to the owner of the property after an inspection of the property
if he or she is satisfied that such land is used bona fide and exclusively
by the owner or occupier for agricultural purposes.
(d) If the owner is a company or a close
corporation, which would preclude the South
African Revenue Services from issuing an IT48 on behalf of the owner,
upon
application, a municipal official, authorised by the Municipal Manager shall issue
an agricultural certificate to the owner of the property after inspection
of the property if he or she is satisfied that such land is used bona fide and
exclusively by the owner or occupier for agricultural purposes.
(e) The land owner must prove that he/she
has complied with the National Veld and Forest
Fire Act (Act 101 of 1998) and legislation governing the control of alien
invasive species.
(f) Property used entirely, or in
part, for eco-tourism or for the trading in or hunting of
game, shall not qualify for the rebate.
(5) Sporting
bodies
Organisations, the sole purpose of which is to use the property owned by them
for sporting purposes, whether for gain or not, qualifies for a rebate. In this
regard it is noted that assistance offered to professional sporting
organisations may differ from that afforded to amateur organisations.
(6) Biodiversity
Rebate
Where important biodiversity areas or environmentally sensitive areas contained
within a municipal Spatial Development Framework or Metropolitan Open Space
System or municipal conservation plan exist, the owner may qualify for a rates
rebate subject to the following conditions:
(a) the owners of the land must enter into
an agreement with the Municipality to conserve
their land (by the protection and appropriate management thereof) for a
defined period of time;
(b) the rebate is only applicable to the
area that is subject to the conservation agreement
between the land owner and the municipality;
(c) the conservation value of the property
must be assessed via a set of rigorous ecological
criteria (such as the municipal Spatial Development Framework or Municipal
Conservation Assessment and Plan);
(d) in the event that the conservation
agreement is not adhered to by the land owner, the
municipality may terminate the agreement with the owner of the land and
the associated rate rebate with immediate effect; and
(e)
in the event that the conservation
agreement is not adhered to by the owner of the
land, the owner of the land will become liable for all the rates that would have
been levied on the land as if the agreement were not in place, from the
effective date of the start of the rate rebate or for the last five years,
whichever is the shorter period. (7) Specified
development zones
Where the Council identifies specific development zones within its area of
jurisdiction, development within these areas may be encouraged by granting
rebates in accordance with the Development Incentive Policy of Council. (8) Commercial
or industrial developers
Where the Council identifies areas for potential commercial and industrial
development within its area of jurisdiction, development within these areas may
be encouraged by granting rebates in accordance with the Development Incentive
Policy of Council.
(9) If the usage of a property changes during a financial year, the
rebate applicable will be reduced pro rata for the balance of the
financial year.
[20] REDUCTIONS
Owners of property situated within an area
affected by a disaster
Property owners within any category of
property may apply for a reduction in the property
value for rates puposes where the value of
the property has been adversely affected by a
natural disaster, as defined in terms of
the Disaster Management Act, No 57 of 2002, and
the property shall be re-valued as at date
of such natural disaster, in accordance with the
Act.
[21] PROCESS FOR GRANTING EXEMPTIONS, REBATES AND REDUCTIONS
(1)
Applications for exemptions and rebates will only be considered after an
application on the prescribed form has been lodged with the Chief Financial
Officer on an annual basis. applications must reach the Municipality before 30
June preceding the start of the financial year for which relief is sought,
failing which the exemption or rebate will lapse and will only be re-instated
once the application has been approved
(2)
All applications must be made under oath. In addition, applications for
exemptions by public benefit organisations must be accompanied by a letter from
the South African Revenue Service confirming that the organisation qualifies
for exemption in terms of the Income Tax Act. All other property owners seeking
an exemption must submit either a letter from their auditors, or annual
financial statements confirming that the applicant qualifies for an exemption.
(3)
The properties mentioned in [19](1)(i) above shall be exempt from property
rates only on submission of a written affidavit in the prescribed form
certifying that the use of the property is in compliance with Section 17(1)(i)
of the Act. Affidavits must reach the Chief Financial Officer before 30 June of
the year preceding the start of the financial year for which relief is sought.
(4)
Properties for which application for exemption from the payment of rates is
made must be used exclusively for the purpose that forms the basis for the
application for exemption. Where this is not the case, the property will form
part of the category multiple use properties and those portions not used for
the purpose for which application for exemption has been made will be re-valued
and property rates levied in accordance with the category/categories of
property applicable.
(5)
An application for an exemption or rebate must authorise the Municipality to
inspect the property at any reasonable time during the financial year to
confirm compliance with the conditions of the exemption or rebate. Where access
is denied, the exemption or rebate may be withheld, or withdrawn, if already
effective.
(6)
Applications for a reduction in rates based on a reduction in value of a
property must be made on the prescribed form within 30 days of the occurrence
of the event giving rise to the reduction of the value of the property relied
upon.
(7)
The onus rests on the applicant to ensure that the application form and all
supporting documents are lodged timeously, and that the property concerned
qualifies for the exemption, rebate, or reduction.
(8)
The effective date of an exemption or rebate shall be the date when the
Municipality appoves the application for exemption or rebate, irrespective of
whether or not the property qualified for exemption or rebate in terms of its
use prior to that date.
(9)
The Municipality reserves the right to refuse an exemption or rebate if the
details supplied in the application are incomplete, incorrect, or false.
[22] In accordance with Section 15(3) of the Act, the Municipal Manager of the
Municipality
shall annually table in the Council of the
Municipality a:
(a) list of all exemptions, rebates
and reductions granted by the Municipality during the
previous financial year; and
(b) statement reflecting the income
of the Municipality foregone during the previous
financial year by way of such exemptions, rebates and reductions and the
exclusions
referred to in Section 17 (1) (a), (e), (g), (h) and (i) of the Act. The
exemptions,
rebates and reductions shall be clearly indicated on the property rates account
submitted to each property owner.
PART 9: AMOUNT DUE FOR RATES
[25] A rate will be determined for each of the different categories of property
within the
Municipality in order to establish the
revenue to be generated from property rates. This
property rates revenue, less any rates
rebates applicable to the different categories of
property, will be included in the annual
operating budget approved by the Council for each
financial year. The rates and levels of
rebate as approved by Council, will be published
together with the Municipalitie’s annual
budget.
[26] Joint owners of property are jointly and severally liable for the payment
of property rates.
[27] The payment of property rates may not be deferred beyond the due date by
reason of an
objection to the valuation of the property
concerned in the valuation roll.