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Legal opinion on inclusionary housing in-lieu payments

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National Land Value Capture Programme

01 January 2024

Cities Support Programme (CSP), Development Action Group (DAG), Lincoln Institute of Land Policy

English

uKESA Librarian 2, Claudia Hitzeroth

Report

Africa

This report titled Legal opinion on inclusionary housing in-lieu payments (PDF, 3.87 MB) discusses the concept and implementation of inclusionary housing, a municipal planning tool requiring private developers to provide affordable housing in new residential or mixed-use developments. This can be achieved through on-site affordable units, off-site units, or financial contributions to an affordable housing fund (fees-in-lieu). The report focuses on the legal implications of the fees-in-lieu option, examining whether such payments could be legally classified as a tax. It emphasises that these contributions are not meant to generate city revenue but to ensure the provision of affordable housing, particularly in cases where on-site or off-site options are impractical. The report also offers a legal opinion on various issues related to the fees-in-lieu requirement.

 

Abstract based directly on original source.

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Website References

Accommodation

Adequacy of shelter

Affordable housing

Built environment

Construction

Development

Governance

Housing

Human settlements

Inclusionary housing

Law

Legal

Legal empowerment

Legislation

Livelihoods

Municipalities

Planning

Policy

Private sector

Residential buildings

South Africa

Sustainability

Tax

Urban

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