"The Makhado Municipality should not have ignored the signs of a collapsing infrastructure and now make matters worse by compelling developers to seek other pastures," and "The moratorium on property development puts an economic strain on the town."

These are comments following the moratorium on change of land use rights for densification of February 15 this year.

"The moratorium of 15 February dictates that a person shall develop land only in terms of its existing primary right and that no change in that right which may constitute a denser development than the existing primary right attached to it is allowed," states the municipality.

Local developers have to consider the consequences of the moratorium.

"The moratorium compels us to consider moving our developments to other areas where municipal service delivery is not in a crisis," says Mr Stefan Pieterse from SP Builders.

"All who want to rezone or subdivide property are severely affected. The engineering department of the municipality should have foreseen problems with water and sewer and acted in time. Like Eskom, they have ignored the signs," says Mr Schalk Corbett of Geoland Surveys.

One developer says that the moratorium has the effect that, within two years, hundreds of workers will be without work, affecting many households.

Corbett says that there should have been a preceding period to warn people of the moratorium to come, since property transactions take a long time and some were jeopardised in the middle of transactions with large or small developments. Another problem is that developers pay large amounts in service fees, apart from connection fees, for services which are not rendered.

"There are completed houses that have to use septic tanks although all services have been paid," said Pieterse.

The Department Corporate Services gave an in-depth explanation of development rights and the moratorium this week through the municipal spokesperson, Mr Louis Bobodi.

First of all, "development rights are interpreted in terms of the zoning of land. All land has attached to it a certain zoning, whether it be in terms of a town-planning scheme in operation or in terms of the title deed of the land or in terms of township establishment.

"The Municipality’s present town planning scheme-in-operation is applicable for only a part of the municipal jurisdiction, that is for Louis Trichardt Township and its extensions, Eltivillas Township and its extensions and the immediate municipally owned land adjoining the said townships. In terms of this scheme, all land within its boundaries is zoned for a certain purpose and such zonings can be referred to as its primary right. It is in terms of such zoning that a person can develop it."

The dilemma comes when a property owner needs to change the zoning of his property.

"Procedures to change primary land use rights range from rezoning to subdivision and special consent use - all in terms of the Town-planning and Township Ordinance of 1986. It is in respect of the change of the existing primary land use right which will result in higher densification and resultant burden on the municipal services supply systems other than what it was originally designed for, that the moratorium is applicable."

That means that, while the moratorium is in effect, the owner may not rezone or subdivide with the purpose of densification, like building flats or town houses on his property.

In parts of the town where the land had already been zoned for densification, the building developments may be completed.