Rezoning Meaning #
Rezoning means changing a land use zone of a property to a different zone than initially assigned by council. An example of a Rezoning will be from residential zone to a business zone. A property owner can rezone a property to specific land use rights on the property. In South Africa, local authorities categorise every piece of land into a specific zoning type. Zoning regulations of the council determine the zoning categories.
Each zoning type has specific uses and restrictions on what a property owner can do on the land. A zoning certificate of every property list these specific uses and restrictions. For a property owner to change the land use o their property, they have to apply for a Rezoning. If a property owner wants certain land use rights, Glensburg Town Planners will advise on the best zoning. Glensburg Town Planners will apply for such land use right to council on behalf of the property owner.
5 Zoning Categories in South Africa #
South Africa’s land is comprises of five main zoning categories. The five main zoning categories are residential, business, industrial, agricultural, and open space. The zoning laws of each council state the zoning classifications that each property fall under.
1. Residential Zoning #
Residential land use zone is for land uses for houses where people reside. Example of residential uses are single-family houses, residential apartments among other residential developments. In residential zoning, the zoning laws may specify development controls.
Such specifications include the minimum and the maximum density of residential units, minimum lot size, building height and setbacks. In South Africa, there are five (5) subcategories of residential zoning. The residential categories range from Residential 1, Residential 2, Residential 3, Residential 4 to Residential 5.
1.1 Residential 1 Zoning #
Residential 1 zone allows dwelling houses with a maximum density of one dwelling house on a stand or erven (Erf). Under residential one, 40% of the property size is the maximum building coverage that the council allow. There are non-residential uses that through getting consent from council, the council can permit. These uses include guesthouses, churches, institutions, schools, community halls, sports and recreation clubs, offices, or other special uses. However, the councils do not allow industrial activity in residential 1. If a property owner wishes to acquire secondary rights for business, Glensburg Town Planners can advise on the best approach. Our town planners can apply for such rights to the council on behalf of the client.
1.2 Residential 2 Zoning #
Residential 2 zoning allows dwelling units with a density of 10 to 20 dwelling units per hectare (10,000sqm). Such density allow the development of cluster houses on the property. Councils can allow other non-residential uses in Residential 2 zones through applying for consent. These uses include schools, institutions, churches, community halls, sports and recreation clubs, parking area or other special uses. However, the councils do not allow industrial uses in residential 2 zones. If a property owner wants additional rights perhaps for business or to increase density, Glensburg Town Planners can advise on the best approach. Our town planners can apply for the rights to council on behalf of the property owner.
1.3 Residential 3 Zoning #
Residential 3 zoning permits dwelling units or residential buildings with a density of 21 to 40 dwelling units per hectare (10,000sqm). Given the increase in density, such residential zone is idea for cluster houses or townhouse complexes. Through applying for consent councils can allow some non-residential uses in Residential 3 . Such uses include schools, institutions, churches, sports and recreation clubs, parking area/garage, gymnasium or other special uses.
Councils do not allow industrial uses in Residential 3, however. If a property owner intends to acquire additional land use rights, Glensburg Town Planners can advise on best course of action such as Rezoning or consent use application, the town planners will apply for such rights to council on behalf of the property owner.
1.4. Residential 4 Zoning #
Residential 4 zoning permits dwelling units and residential buildings with a density of 41 to 120 dwelling units per hectare (10,000 sqm). This is the densest residential zoning that allows for development of residential blocks of flats. There are non-residential uses however, that the council permit in residential 4 through applying for consent from council. These uses include schools, institutions, churches, sports and recreation clubs, parking area/garage, gymnasium, hotels or other special uses.
However, councils do not permit industrial uses in Residential 4. If a property owner wants to have additional uses in residential 4, Glensburg Town Planners can advise on the best approach to get such rights. We will also apply for the rights to the local municipality on behalf of the property owner.
1.5. Residential 5 Zoning #
Residential 5 zone allows mobile dwelling units and the ancillary uses that complement the mobile dwelling units. Under residential 5 there are other uses that councils can permit by getting consent from the council. These uses include schools, institutions, churches, sports and recreation clubs, parking area, dwelling units or other special uses. However, councils prohibit any industrial uses in Residential 5 zone. If a property owner would like to acquire rights for uses permitted under residential 5 or other uses, Glensburg Town Planners can advise on the best approach to get the rights and apply for such rights to the local authority on behalf of the property owner.
2. Business Zoning #
Business zoning in South Africa is a zoning category that allows commercial land uses such as shops, restaurants, offices among other business uses. Under business zoning, zoning laws also state the type of business that councils permit in a specific areas as well as the allowed development controls such as the building heights, setbacks, and coverage.
For property owners that would like to operate a business in a residential area, they can apply for a Rezoning to their council through an appointed town planners to get an approval for such business land use rights. While operating in a residential area, the property owners have to follow stated business zoning regulation. The business operators in residential areas must also be compatible with the residential area, not interfering with normal activities of residents. There are four subcategories of business zoning in South Africa ranging from Business 1, Business 2, and Business 3 to Business 4.
2.1. Business 1 Zoning #
Business 1 zoning allows for general business in form of retail and entertainment. Under business 1, land uses for business development are less restricted, allowing property owners and developers to conduct most commercial activities on their properties. Councils permit under Business 1 zones uses that include shops, offices, service industries, churches, schools, and hotels, places of amusement, restaurants, residential units/buildings, sports and recreation.
The business 1 zoning also allows car sales, banks, medical suites. However, councils do not permit under Business 1, industrial uses such as noxious industries, light industries or scrapyard. If a property owner would like to get land use rights for business 1 zone, Glensburg Town Planners will advise and apply for rights best suited the intended activity to the council on behalf of the property owner.
2.2. Business 2 Zoning #
Business 2 zoning allows general business uses with limitations on certain types. Councils permit certain uses in Business 2 zone, these include shops, offices, restaurants, gymnasiums, service industries, car sales, banks, medical suites and residential dwelling units. The councils permit other business uses in Business 2 through getting consent.
When applying for consent, councils consider factors such as location, immediate surroundings and type of business. However, councils do not allow industrial uses such as noxious industries, light industries or scrapyard in Business 2 zones. If a property owner wants to get business 2 land use rights, Glensburg Town Planners can advise on the best zoning class and apply for business 2 rights to the council on behalf of the property owner.
2.3. Business 3 Zoning #
Business 3 zoning allows for certain businesses to operate such as shops, service industries, financial institutions, and medical suites. Business 3 zoning has more restrictions on the type of business uses allowed on the property. There are business uses that a property owners can get rights for only by getting consent from council. These uses include offices, restaurants, places of amusement, residential units, schools, places of public worship, etc.
However, councils do not allow industrial uses such as noxious industries, light industries or scrapyard in Business 3 zone. If a property owner wants Business 3 rights, Glensburg Town Planners can advise on the best Rezoning options and apply for such rights to the council on behalf of the property owner.
2.4. Business 4 Zoning #
Business 4 zone is the final zoning category for business land use. Business 4 zone permits offices, medical suites or dwelling units. Councils allow other business uses in Business 4 zone only through getting consent. Other uses that councils permit by consent in Business 4 include, restaurants, gymnasium, churches, schools, sports and recreation clubs banks, and other special uses. However, councils prohibit industrial uses such as noxious industries, light industries, or scrapyard in Business 4 zone. If a property owner wants business 4 rights or other rights, Glensburg Town Planners can advise on the best course of action. Our town planners can apply for Rezoning or consent use to the council on behalf of the property owner.
3. Industrial Zoning #
Industrial zone allows land uses such as factories, warehouses, and other industrial uses. Local zoning laws state the type of industries that the councils permit in an area as well as the development controls such as building height and setbacks.
In South Africa, there are three subcategories of industrial zones based on intensity, from Industrial 1, Industrial 2 to Industrial 3. If a property owner wants to get industrial land use rights, Glensburg Town Planners can advise on the best approach and the best industrial zone for intended use. The Town Planners can also apply for the industrial rights to the council on behalf of the property owner.
3.1. Industrial 1 Zoning #
Industrial 1 zone allows normal industrial activities such as factories, warehouses and storage depots, public garages, parking areas, shops, business and commercial activities. It also allows builders yard and building material storage. However, Industrial 1 zone does not allow noxious industries. If a property owner wants to acquire Industrial 1 land use rights or additional rights, Glensburg Town Planners can advise on the best approach and best land use zone to apply for, the planners can also apply for such rights to the council on behalf of the property owner.
3.2. Industrial 2 Zoning #
Industrial 2 zone permits industrial land uses, industries that emit noxious emissions, public garages, parking areas, shops, businesses, commercial activities. The zone also allow builders yard, building material storage. However, because Industrial 2 zone permits noxious industries, councils do not allow the establishment houses and residential buildings in Industrial 2. If a property owner wants to acquire land use rights for Industrial 2 or any additional rights, Glensburg Town Planners can advise on the best land use rights to get, the town planners can also apply for the land use rights to the local municipality on behalf of the property owner.
3.3. Industrial 3 Zoning #
Industrial 3 zone allows normal industrial uses, commercial activities and businesses. It also allows specialist workshops and mini factories such as builders yard, building material storage. Industrial 3 zone does not allow noxious industries, however. If a property owner intends to acquire land use rights for Industrial 3 zone, Glensburg Town Planners can advise on the best approach. Our town planners can apply for Rezoning to the council on behalf of the property owner.
4. Agricultural Zoning #
Agricultural zones permit agricultural activities such as farming, ranching, and urban agriculture. The zoning laws may determine the type of agriculture for each and particular area. The agricultural zones also include dwelling houses and agricultural buildings with set development controls such as maximum building height and setbacks.
Under agricultural zone, councils allow only one land use, the local authorities do not permit subdivision of agricultural holdings. A property owner can turn agricultural land into other land uses such as residential however, through processes such as township establishment. To do this, a property owner has to appoint a town planner who will advise on the best approach and facilitate the application process to the council.
5. Open Space Zoning #
Open space zones permit uses such as parks, conservation areas. If the open space is private, council permit uses such as sports and recreation clubs, agricultural purposes, urban agriculture or opening a recreation resort.
On private open space, property owners can set up restaurants, shops, caretakers flats or other special uses by getting a special consent from the council. Glensburg Town Planners can advise property owners on how to get the necessary land use rights to enable development on open space zones.
6. Other Zoning Categories #
Other zoning categories exist that determine the type of land uses within a particular area. These include Aerodromes, government zones, South African Railway, existing or proposed roads, public garage.
Other land uses include mining, cemetery, pedestrian malls, commercial, and special, municipal, and educational uses. Rezoning process can facilitate the utilisation of these zoning categories for various activities that benefit the property owners.
7. Process of Rezoning a Property in South Africa #
The process of Rezoning a property in South Africa comprise of various steps, mainly nine (9) steps to follow. These steps include consulting a professional town planner, appointing a professional town planner, submission of Rezoning application. After that, other steps include circulation of Rezoning application, advertising of the application, council decision, and compliance with post-approval conditions until the promulgation of the new land use rights, ready for development.
7.1 Consultation with a Professional Town Planner #
A property owner will need to consult a professional town planner on the intended use of the property. The town planner will assess the development proposal of the property owner and investigate the current rights of the property. This will include investigate any possible restrictions on the property, the development controls as well as the municipal policies that affect the area.
The town planner will advise the client on the best Rezoning approach and provide a quotation for the application process. Glensburg Town Planners provide this consultation as a complementary service. If the property has restrictive title deeds conditions, the town planner will advise on the process of applying for removal of restrictive conditions to enable successful Rezoning of the property.
7.2 Appointment of a Professional Town Planner #
A property owner will appoint a town planner to commence the application. On appointment, the town planner will compile the required documentation from the client. These documents include a Special Power of Attorney for the town planner to act on behalf of the client. If a property is under a Bond, a Bond Holder’s consent will have to accompany the Rezoning application.
7.3 Pre-application Inquiry #
Prior to submitting the Rezoning application to council, the appointed town planner may submit a pre-application inquiry. This will enable the town planner to get feedback on whether the local municipality can support the application. In some cases, the town planner can submit a pre-application inquiry prior to the appointment. In case the council does not support the Rezoning, the client may choose not to proceed with the application.
7.4 Submission of Rezoning Application #
The town planner will submit a full Rezoning application to council. Thereafter, a municipal town planner will assess the Rezoning application for completeness. Upon completing the assessment, the municipality will issue an acknowledgement letter and assign the application a reference number.
7.5 Circulation of Rezoning Application to Departments #
The council town planners responsible for assessing the Rezoning application will circulate it to relevant departments for comments. These departments include roads, electricity, and engineering. In some cases, the departments may require additional information. During this time, the appointed town planner will follow up with the departments regarding getting comments.
7.6 Advertising of Rezoning Application #
While the Rezoning application is under circulation to various departments, the appointed town planner will advertise the application. The appointed town planner will advertise the application in a local newspaper the provincial gazette. The town planner will also notify surrounding properties of the property through registered mail, and put up site notices on the property for a specific period of time. Council by-laws determine the advertising process. During this time, the public can raise objections against the application. In case the application receives objections, the council town planners will set up a Municipal Planning Tribunal to deliberate on the objections.
7.7 Council Principal Decision #
Upon receiving comments from various departments, the council town planner will draft the principal decision regarding the Rezoning application. In this case, it will be an approval or a rejection. In case of a rejection, the client may choose to appeal the decision, which will be also another process. On approval of the application, the council will outline the conditions that require compliance.
7.8 Post-approval Compliance Process (PCP) #
After the client receives the approval letter from council, they have to comply with the conditions of the approval. The compliance will enable them to have the land use rights they applied for and the conditions may include paying for bulk contributions. The Post-Approval Compliance Process (PCP) requires the client to appoint the town planner again. The town planner will facilitate the process and the town planner will make a quote for the process.
7.9 Promulgation of Land Use Rights #
When the client meets the conditions set in the approval letter, the council will promulgate the land use rights. The promulgation grants the client the permission to develop the rezoned property.
8. How Long Does it Take to Rezone a Property #
In South Africa, a Rezoning application usually take 6 to 9 months until principal decision. Additional 2 months should be set aside for the post-approval compliance process (PCP) until council promulgates the land use rights of the property. The internal processes of the responsible council influence the time period. If the Rezoning application does not receive objections, it will get approval quicker. If the Rezoning application receives objections however, the process of setting up a hearing and making a council decision can delay the application by up to 6 months.
9. Cost of Rezoning a Property (2024) #
The cost of Rezoning a property depends on various factors such as the council, the location of the property, the development proposal. There are some properties that are under councils with relaxed by-laws while others are under stricter laws. In terms of town planning fees, a simple Rezoning application can cost from R60,000.00 to as much as R130, 000.00. The cost vary depending also on the scope of work. If a Rezoning application receives objections, the appointed town planner will also add a fee to represent the client at the Municipal Planning Tribunal (MPT). At the MPT, to town planner will prepare and present heads of arguments to justify the Rezoning proposal against the objections.
When a Rezoning application is approved, clients need to factor in the cost of Post-approval Compliance Process (PCP). Appointed town planners cost this process separately from the Rezoning application. The town planning fees for PCP can range from as little as R5,000 to R20,000. This depends on the scope of compliance work to be done. When Rezoning a property, clients need to also consider the possible cost of bulk contributions that are charged by council.
Bulk contributions can be the most expensive part of the Rezoning. They vary depending on the council and the proposed land use type. They can cost as little as R0.00 to as much as Rmillions. Glensburg Town Planners usually advise clients on the best land use zone that will not cost much in terms of bulk contributions.
