& Rezoning. Estate Agency Affairs Board Continuing Professional Development. What is. Subdivision, Consolidation

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1 What is. Subdivision, Consolidation & Rezoning Understanding the various stages, processes & legislation Estate Agency Affairs Board Continuing Professional Development Presented by Sonja Du Toit McAdemy 1

2 Word Title is synonymous with right Full Title means Full right on stand Sectional Title means Right on a section (part) of the stand 2

3 Word Right entails sovereignty Owner has comprehensive sovereignty on property Owner s right is however not absolute Various restrictions on property e.g. car e.g. gun e.g. immovable property 3

4 4

5 Statutory (Legislation): Expropriation Act, Environmental Legislation Town Planning Schemes Limited real rights Other restrictive title conditions e.g. only one house per stand 5

6 Remember there are restrictions on ownership Can originate from Town Planning Schemes Zoning differs from Town Planning Scheme - Town Planning Scheme Res 1 in Tshwane is not the same as Res 1 in Midrand (Halfway House & Clayville TPS) 6

7 The rights of the property What are you able to do with the property? What may you not do with the property e.g.? residential use business rights Development Control FAR (Floor Area Ratio) e.g..4 Coverage (percentage of total floor area) e.g. 80% Density (units per hectare) Parking Storeys etc. 7

8 Zoning of an Erf is established: either Originally at proclamation of the township or Rezoned later through rezoning process 8

9 Owner of an Erf can therefore not unilaterally decide to: Build a second dwelling Do business Retail Build cars on his property 9

10 If owner wants to use Erf for a different purpose than what the property is currently zoned for, he/she has to rezone the property 10

11 Residential Business Industrial or 5 4 Other (see example) 11

12 RESIDENTIAL Residential 1: density of one dwelling per stand or Erf Residential 2: density of 10 to 20 dwellings per hectare Residential 3: density of 21 to 40 dwellings per hectare Residential 4: density of 41 to 120 dwellings per hectare 12

13 BUSINESS Business 1: general business - shopping centres or malls. Business 2: general business no shopping centres or malls. Business 3: strict zoning which will not allow a wider variety of businesses to open and operate in the centre. Business 4: Offices 13

14 INDUSTRIAL Industrial 1: Factories, warehouses or storage depots. Industrial 2: Is specifically for operations which can involve noxious and/or unpleasant odours and emissions. Industrial 3: Specialist workshops or mini-factories. 14

15 Usage Rights RESIDENTIAL BUSINESS Development Controls FAR

16 National Level - Acts: SPLUMA (Spatial Planning and Land Use and Management Act ) Provincial Level Ordinances and legislation: Cape Town: Western Cape Land Use Planning Act (LUPA) Local government level- Municipal Bylaws 16

17 Chaos: each province- different legislation, ordinances and by-laws Solution: SPLUMA = provides consistency and uniformity in SA Coherent spatial planning and land use management 17

18 WHEN: Since 1 July 2015 BUT: each municipality to amend own by-laws- conform with SPLUMA Cape implemented Free State and Gauteng- in process Gauteng to be implemented during March

19 Current Zoning? What are the rights currently? Zoning certificate (example 1) Development control Spatial Development Framework Proposed development in town What rights you can possibly obtain Title deed Any Restrictive conditions E.g. only one dwelling on a stand Remove if necessary 19

20 1: Advertisements 2: Town Planner lodges application 3: Circulation in the Municipality 4: Bulk services contributions are calculated 5: Feedback and Approval 6: Publication 20

21 Purpose is publication and transparency Where? 2 newspapers Provincial Gazette Notice on property What information? Information about proposed rezoning Place of inspection Invite comments, objections & public participation Written consent and/or possible objections from all affected neighbours must be obtained 21

22 1: Advertisements 2: Town Planner lodges application 3: Circulation in the Municipality 4: Bulk contributions are calculated 5: Feedback and Approval 6: Publication 22

23 Town planner will submit the following to the Municipality 1) A motivation letter why the rezoning is desired its feasibility its impact on the environment and the neighbourhood 2) Fees payable (proof of payment) 3) Zoning Certificate 4) Conveyancer s certificate Confirming there are no restrictive title conditions 23

24 5) Title deed 6) Proof of Advertisements & neighbours consents 7) Plans (drafted by an Architect) Showing the Erf location Site plan showing existing buildings and sizes (if any) Site plan showing how the new zoning will be accommodated Parking spaces Storm water Services Refuse areas 24

25 1: Advertisements 2: Town Planner lodges application 3: Circulation in the Municipality 4: Bulk contributions are calculated 5: Feedback and Approval 6: Publication 25

26 What happens in the Municipality? 26

27 Services Infrastructure Department Water and Sanitation Energy and Electricity Transport Infrastructure Planning Infrastructure planning and Management: Region Infrastructure planning and Management: Geology Traffic Engineering and operations Health and social development: Municipal Health Services 27

28 Group Legal services department: Legal Services: Corporate Legal Compliance Environmental Management Services Department and Parks Environmental Planning and open Space Management Parks and regional co-ordination City Planning and development: Building control 28

29 1: Advertisements 2: Town Planner lodges application 3: Circulation in the Municipality 4: Bulk services contributions are calculated 5: Feedback and Approval 6: Publication 29

30 What are bulk services contributions? How is it calculated? On what is it calculated? Storm water Electricity Roads Before building plans are lodged NB! it increases every year 30

31 1: Advertisements 2: Town Planner lodges application 3: Circulation in the Municipality 4: Bulk contributions are calculated 5: Feedback and Approval 6: Publication 31

32 Departments give feedback and make suggestions Town planner makes amendments Departments lay down certain conditions e.g. 1) Endowments payable 2) Bulk Water and sewerage contributions 3) Upgrading of sewer, water or electricity connections 4) Servitudes for access or service corridors 5) Destruction of derelict or obstructing buildings 6) Water, electricity and sewer services required Application adjudicated by Municipal Planning Tribunal If rejected appeal to Municipal Appeal Tribunal 32

33 1: Advertisements 2: Town Planner lodges application 3: Circulation in the Municipality 4: Bulk contributions are calculated 5: Feedback and Approval 6: Publication 33

34 The applicant is notified in writing of the council s decision and conditions Applicant is furnished with a copy of any conditions imposed by the council. Promulgated in the Provincial Gazette. 34

35 Town Planner R R Architect R R Engineer R R Conveyancer R R Total R R Excluded: Bulk Services contributions 35

36 36

37 Subdivision is a process where an Erf is subdivided into one or more erven through an application process to the local municipality by a Town Planner assisted by Architect Engineer Land Surveyor Conveyancer 37

38 National Level -Acts: SPLUMA (Spatial Planning and Land Use and Management Act ) Provincial Level- Ordinances and provincial Legislation Local government level- Municipal Bylaws 38

39 Things the Town Planner considers before he/she starts with subdivision Current Zoning? What are the rights currently Zoning certificate (example 1) Development control Spatial development framework Future planning for town What rights are possible to obtain Title deed Any Restrictive conditions E.g. only one dwelling on a stand Remove if necessary 39

40 1: Services report by Engineer 2 Six steps of rezoning (& subdivision) 3: Approval of Surveyor plans 4: Installation of services 5: Registration of subdivision in Deeds Office 40

41 You cannot transfer an un-serviced Erf to someone 1) Electrical Engineer must compile a services report relating to : Is Electricity available? How it will be addressed subject to final design? 41

42 1) Civil Engineer must compile a services report relating to: Water Storm water Availability & Sewerage final design Roads Cost R How it will be addressed subject to final design Time 2-3 weeks 42

43 1: Services report by Engineer 2 Six steps of rezoning (& subdivision) 3: Approval of Surveyor plans 4: Installation of services 5: Registration of subdivision in Deeds Office 43

44 If Current Zoning is in order to subdivide Continue immediately with application for subdivision If Current Zoning is not in order to subdivide First go through rezoning process Together with application for subdivision In most cases zoning is not correct and both procedures must be done concurrently 44

45 Yes No Subdivision Process Rezone 45

46 1: Advertisements Stage New - Geotechnical report 2: Town Planner lodges application 3: Circulation in the Municipality 4: Bulk contributions are calculated 5: Feedback and Approval 6: Publication 46

47 1: Advertisements Stage New - Geotechnical report 2: Town Planner lodges application 3: Circulation in the Municipality 4: Bulk contributions are calculated 5: Feedback and Approval 6: Publication 47

48 In dolomite areas A dolomite report must be compiled and Approved by the Council for Geoscience which Supports the subdivision and additional buildings Costs R R Time 4 Months 48

49 1: Advertisements Additional requirement - Geotechnical report 2: Town Planner lodges application 3: Circulation in the Municipality 4: Bulk contributions are calculated 5: Feedback and Approval 6: Publication 49

50 1: Advertisements Additional requirement- Geotechnical report 2: Town Planner lodges application 3: Circulation in the Municipality 4: Bulk services contributions are calculated 5: Feedback and Approval 6: Publication 50

51 1: Advertisements Additional requirement- Geotechnical report 2: Town Planner lodges application 3: Circulation in the Municipality 4: Bulk contributions are calculated 5: Feedback and Approval 6: Publication 51

52 1: Advertisements Additional requirement - Geotechnical report 2: Town Planner lodges application 3: Circulation in the Municipality 4: Bulk contributions are calculated 5: Feedback and Approval 6: Publication 52

53 1: Advertisements Additional requirement- Geotechnical report 2: Town Planner lodges application 3: Circulation in the Municipality 4: Bulk contributions are calculated 5: Feedback and Approval 6: Publication 53

54 1: Services report by Engineer 2 Six steps of rezoning (& subdivision) 3: Approval of Surveyor plans 4: Installation of services 5: Registration of subdivision in Deeds Office 54

55 Remember we still only have one Erf New subdivided stand and remainder must be created Surveyor must draft subdivision plans Approval of surveyor general Time period 5 8 weeks Cost R R

56 Thing (property) must exist legally independently Land becomes legally independent as a thing when Sec 14 of the Land Survey Act No general plan or diagram of any piece of land shall be accepted in any deeds registry in connection with any registration therein of that land, unless the general plan or diagram has been approved by the Surveyor General. 56

57 Portion 1 of Erf 517 Clubview Remainder of Erf 517 Clubview 57

58 Remainder of Erf 517 Clubview 58

59 Example 1 59

60 Example 2 60

61 1: Services report by Engineer 2: Six steps of rezoning (& subdivision) 3: Approval of Surveyor plans 4: Installation of services 5: Registration of subdivision in Deeds Office 61

62 Remember we are not allowed to transfer a un- serviced Erf to someone All services must now be installed: Water Electricity Sewerage Storm water Roads 62

63 Application is circulated at all departments Inspection by Municipality engineers Municipality issues certificate-confirm compliance Building plans can only be lodged after certificate has been issued 63

64 1: Services report by Engineer 2: Six steps of rezoning (& subdivision) 3: Approval of Surveyor plans 4: Installation of services 5: Registration of subdivision in Deeds Office 64

65 Subdivision must be effected in deeds office Conveyancer will lodge Title deed New Certificate of Title (new title deed for the portion) Approved sub-divisional plan Certificate from Municipality Deeds Office will amend their register to make provision for two erven Portion 1 Remainder 65

66 Town Planner R R Architect R R Surveyor R R Engineer R R Conveyancer R R Total R R Excluded : Bulk Services Contributions 66

67 Erf 161 Clubview? 67

68 Tier 1: Services report by Engineer Tier 2: Six steps of rezoning 2nd dwelling application Tier 3: Approval of Surveyor plans Tier 4: Installation of services Tier 5: Registration of subdivision in Deeds Office 68

69 Advertisements Town Planner lodges application Circulation in the Municipality Bulk services contributions are calculated Feedback and Approval Publication 69

70 Full Title 70

71 2000m ₂ Duets 71

72 Town Planner R R Conveyancer R R Total R R

73 73

74 Consolidation of two or more adjacent erven into 1 Erf is done through An application process To the local municipality By a Town Planner assisted by Architect Surveyor Conveyancer 74

75 National Level -Acts: SPLUMA (Spatial Planning and Land Use and Management Act Provincial Level- Ordinances Local government level- Municipal Bylaws 75

76 Erven must be adjacent to each other Ownership in the 2 erven must be the same person or by two or more persons in the same undivided shares Situated in the same township extension Brooklyn ext 1 Municipality Pretoria/Tshwane in the same province - Gauteng 76

77 Must have the same zoning If the zoning is different, one of the erven must be rezoned The rezoning and consolidation can be done in the same application 77

78 1: Town Planner lodges application 2: Municipality approves application 3: Approve plan of consolidation at the Surveyor-General (SG) 4: Register consolidation in Deeds Office 78

79 Submit an application to the council 79

80 1: Town Planner lodges application 2: Municipality approves application 3: Approve plan of consolidation at the Surveyor-General (SG) 4: Register consolidation in Deeds Office 80

81 Municipality must approve consolidation Will issue a certificate 81

82 1: Town Planner lodges application 2: Municipality approves application 3: Approve plan of consolidation at the Surveyor-General (SG) 4: Register consolidation in Deeds Office 82

83 Example 4 83

84 Example 4 84

85 3: Approve plan of consolidation at the Surveyor General Surveyor will draft consolidation plans Lodge at Surveyor General for Approval Process 8 weeks 85

86 1: Town Planner lodges application 2: Municipality approves application 3: Approve plan of consolidation at the Surveyor-General (SG) 4: Register consolidation in Deeds Office 86

87 Consolidation must be effected in deeds office Conveyancer will lodge Title deed New Consolidated Title (new title deed) Approved SG diagram Deeds office will amend their register to make provision for one consolidated Erf 87

88 Town Planner R R Conveyancer R R Total R R

89 Questions? Copyright: M.C. van der Berg Attorneys, Conveyancers & Notaries INC.

90 90

91 THANK YOU

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