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
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
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
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Statutory (Legislation): Expropriation Act, Environmental Legislation Town Planning Schemes Limited real rights Other restrictive title conditions e.g. only one house per stand 5
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
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
Zoning of an Erf is established: either Originally at proclamation of the township or Rezoned later through rezoning process 8
Owner of an Erf can therefore not unilaterally decide to: Build a second dwelling Do business Retail Build cars on his property 9
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
Residential Business Industrial 1 1 1 2 2 2 3 3 3 4 or 5 4 Other (see example) 11
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
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
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
Usage Rights RESIDENTIAL BUSINESS Development Controls FAR 0.4 0.8 15
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
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
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 2016 18
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
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
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
1: Advertisements 2: Town Planner lodges application 3: Circulation in the Municipality 4: Bulk contributions are calculated 5: Feedback and Approval 6: Publication 22
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
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
1: Advertisements 2: Town Planner lodges application 3: Circulation in the Municipality 4: Bulk contributions are calculated 5: Feedback and Approval 6: Publication 25
What happens in the Municipality? 26
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
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
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
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
1: Advertisements 2: Town Planner lodges application 3: Circulation in the Municipality 4: Bulk contributions are calculated 5: Feedback and Approval 6: Publication 31
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
1: Advertisements 2: Town Planner lodges application 3: Circulation in the Municipality 4: Bulk contributions are calculated 5: Feedback and Approval 6: Publication 33
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
Town Planner R 30 000 R 40 000 Architect R 3 500 R 5 000 Engineer R 25 000 R 35 000 Conveyancer R 1 500 R 1 500 Total R 60 000 R 81 500 Excluded: Bulk Services contributions 35
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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
National Level -Acts: SPLUMA (Spatial Planning and Land Use and Management Act ) Provincial Level- Ordinances and provincial Legislation Local government level- Municipal Bylaws 38
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
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
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
1) Civil Engineer must compile a services report relating to: Water Storm water Availability & Sewerage final design Roads Cost R 25 000 35 000 How it will be addressed subject to final design Time 2-3 weeks 42
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
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
Yes No Subdivision Process Rezone 45
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
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
In dolomite areas A dolomite report must be compiled and Approved by the Council for Geoscience which Supports the subdivision and additional buildings Costs R40 000 R 80 000 Time 4 Months 48
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
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
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
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
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
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
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 9 000 R 15 000 55
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
Portion 1 of Erf 517 Clubview Remainder of Erf 517 Clubview 57
Remainder of Erf 517 Clubview 58
Example 1 59
Example 2 60
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
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
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
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
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
Town Planner R 40 000 R 50 000 Architect R 3 500 R 5 000 Surveyor R 9 000 R 15 000 Engineer R 25 000 R 35 000 Conveyancer R 3 500 R 3 500 Total R 81 000 R 108 500 Excluded : Bulk Services Contributions 66
Erf 161 Clubview? 67
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
Advertisements Town Planner lodges application Circulation in the Municipality Bulk services contributions are calculated Feedback and Approval Publication 69
Full Title 70
2000m ₂ Duets 71
Town Planner R 25 000 R 30 000 Conveyancer R 2 500 R 2 500 Total R 37 500 R 32 500 72
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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
National Level -Acts: SPLUMA (Spatial Planning and Land Use and Management Act Provincial Level- Ordinances Local government level- Municipal Bylaws 75
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
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
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
Submit an application to the council 79
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
Municipality must approve consolidation Will issue a certificate 81
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
Example 4 83
Example 4 84
3: Approve plan of consolidation at the Surveyor General Surveyor will draft consolidation plans Lodge at Surveyor General for Approval Process 8 weeks 85
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
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
Town Planner R 10 000 R 15 000 Conveyancer R 1 500 R 2 000 Total R 11 500 R 17 000 88
Questions? Copyright: M.C. van der Berg Attorneys, Conveyancers & Notaries INC.
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