Legal Aspects of Inclusionary Housing in South Africa
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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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