Planit Land Development – Town and Regional Planners – Rezoning
Planit Land Development - Rezonings

Rezoning

Land Development

To change the zoning of (an area) to allow for the desired land use rights – changing one zoning to another e.g. Residential zoning to Business zoning, Residential zoning for Flat rights.

01

What does Rezoning of a Property Mean?

Rezoning means the change of certain land use rights on a property.

Zoning regulations determine how properties may be developed or used. When property owners want to develop or use a property for a certain activity or purpose that is out of line with the local applicable zoning regulations, they have to appoint a qualified town planner to apply for a “rezoning” at the Local Municipality in order to change or rezone the current zoning of the property.

All properties in South Africa has its own zoning certificate which specifies its current zoning class and development controls. Municipalities have particular zoning regulations for each property within a certain area/suburb, including commercial, residential, agricultural, industrial and mixed use. The zoning certificate also includes the allowable development controls of the subject property (height, coverage, density, floor area ratio, building lines, etc.)

02

Why Apply for Rezoning?

Some property owners apply for rezoning so that their properties can be allowed a different use. A rezoning application can be lodged to the Municipality if a property owner wants to change the zoning class of a property from one type of zoning to another, or to operate a business on his/her property which is zoned for residential use.

03

The Step by Step Process to Rezone your Property

  1. Get clarity on the type of application to be lodged by scheduling a meeting with a professional town planner;
  2. The town planner will provide his/her expert advice on your development proposal;
  3. The town planner will provide you with a quotation for the proposed application(s) to be lodged;
  4. If any restrictive conditions exists in the title deed of the property, an additional “Removal of Restrictive Conditions Application” will have to be lodged to the Council. A second quotation will be generated in this regard.
  5. The registered owner of the property will have to sign the Special Power of Attorney and Resolution, if necessary;
  6. If a Bond is registered over the property, the Bond Holders Consent will have to be obtained from the bond holder before the application may be submitted to Council.
  7. The town planner may schedule a meeting with the local Municipality to obtain additional input on the proposed rezoning;
  8. A complete rezoning application will be submitted to the Municipality, where after it will be assessed for completeness; When the application is found to be complete, the advertisement process will commence;
  9. Depending on the Municipality and applicable By-Laws, the rezoning application may have to be advertised in the Provincial Gazette, Newspapers, and on-site as prescribed and adjoining owners may need to be notified of the application by registered post.
  10. he application is then circulated to the relevant internal departments for their respective inputs and comments, and the town planner will expedite this aspect of the application.
  11. The rezoning application usually takes 6 – 7 months for approval, if no objections are lodged against the application.
  12. The scope of the town planners’ work includes; obtaining of plans, documents and investigations, discussions with Council officials, site-inspection, preparation and submission of the full application with a motivating memorandum and for all follow-up work and administration related to the approval of the application.
  13. If objections are lodged against the application, a town planning hearing will have to be scheduled by the Council’s town planner.
  14. Should the appointed town planner have to act on behalf of the client with regards to a hearing or meetings with objectors, the town planners’ costs may be levied on a time and cost basis.
  15. If objections are lodged, the process to obtain a hearing date and decision can delay the project up to 6 months after the report is completed by the Council town planner for the hearing.
  16. Bulk contributions for engineering services may be levied due to the increased usage of the erf and payable after approval of the application. The engineering departments only confirm in writing the amounts and conditions once the application is lodged and circulated within Council.
  17. After approval, the owner/developer has to comply with the conditions as set out in the conditional approval letter of any application.
  18. The post-approval conditions as mentioned above will have to be complied with in order for Council to promulgate the approved land use rights in order to proceed with development.

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