What is Land Use / Zoning of property?
Municipalities and Provincial Authorities have certain Land Use Regulations and Development Plans regulating the use of property for specific purposes.
All land or property in a municipal area are zoned for a specific use, such as Residential, Industrial, Commercial, Agriculture, etc. It is important for every property owner to respect the land uses and strict measures exist to enforce this.
Land owners, or anyone with the consent of the land owner, can make application to the local Municipality for a change of use of the property. Various kinds of applications exists in various municipalities, a few examples are:
- Departure or Consent Use of a residential property for the purposes of conducting a guesthouse on the property;
- Consent Use of Agricultural property for the purposes of a wine shop or farm stall on the property.
What documents have to be submitted with a Land Use Application?
Every type of application is different, but typically you will need to provide documents such as the following:
Surveyor-General Diagram;
Copy of Title Deed and/or Conveyancer Certificate (if applicable);
Consent from Bondholder (if any);
Power of Attorney (if applicant is not registered owner);
Locality Plan;
Site Development Plan;
Full motivational Report;
Floodline certificate (in certain applications).
Contact with surrounding property owners or interested parties:
It is good practice to make contact with surrounding property owners or other interested parties to obtain their consent or endorsement on the property development that will be proposed by the applicant. This will relieve the burden of the Municipality and can speed up the process.
Motivational Report:
The motivation that would accompany the application, should deal with matters such as the following:
Desirability of the proposed development, where the following aspects should be discussed: Physical properties of the property; Existing development in the area; Character of the area; Potential of the property; Location and Accessibility of the Property; Provision of services; Construction phase of the proposal;
Form of the detailed Site development plan: Inherent properties of the terrain; Road Infrastructure; Provision of Community Facilities and Open spaces; Local businesses and high density housing;
Photographs of the premises.
We will be glad to provide assistance with your Land Use Application in that we will:
Advise you on the prospects of success of your proposed Land Use Application;
Inform you on the supporting documents that have to accompany your Application;
Assist you in obtaining your supporting documents;
Scrutinize the Title Deed for restrictive Title Deed Conditions;
Discuss your proposed Application with the Municipality's Town Planner;
Gather information from you regarding the property and proposed development or use of the property;
Draft your motivation to the Application;
Compile your Application(s) complete with supporting documents;
Submit the completed Application Form to your Local Municipality on your behalf;
Pay any relevant application and Application Fees on your behalf to the Municipality;
Track your Application to ensure that the Municipality's feedback on your Application is received as soon as possible.