Rezoning in South Africa: FAQs & 5 Zoning Categories Explained

In simple terms, Rezoning refers to the legal process of changing the designated land use of a property to a different zone than initially assigned by council. Every property in South Africa falls under specific zoning categories that dictate how the land can be used. These land use zones are established by local municipalities to regulate development and ensure orderly urban planning. When you rezone a property, you’re essentially applying to change its designated “job” according to the municipality’s zoning scheme.

Rezoning becomes necessary when your desired land use differs from the existing zoning regulations. Common reasons for Rezoning include:
Running a business from home: If your property is zoned for residential use only, you’ll need to rezone to accommodate business activities.
Property development: Rezoning is often required for developments like converting a single dwelling into a block of flats or establishing a shopping center.
Changing needs: As urban areas evolve, Rezoning may be necessary to adapt to new development priorities and community needs.

The Rezoning process typically involves the following steps:
1. Consult and Appoint a 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. On appointment, the town planner will compile the required documentation from the client.
2. 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.
3. Application: Submit a formal application to your local municipality, including detailed plans, motivations for the Rezoning, and any required supporting documentation.
4. Notification: Neighbours and interested parties are notified of the application and given an opportunity to comment or object.
5. Evaluation: The municipality evaluates the application, considering factors like existing zoning categories, environmental impact, and public input.
6. Decision: The municipality approves or rejects the application. If approved, conditions may be attached to the Rezoning.
7. Appeals: If your application is rejected, you may have the right to appeal the decision.
8. Post-approval Compliance (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.
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.

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.

The cost of Rezoning in South Africa can vary significantly depending on several factors. It’s best to think of it as an investment in your property’s potential, with costs influenced by:
1. Complexity of the Rezoning: A simple application for a minor change will generally be less expensive than a complex application involving a major land use change.
2. Property size and location: Larger properties or those in prime locations may incur higher costs.
3. Municipal fees: Each municipality has its own fee structure for Rezoning applications.
4. Professional fees: Hiring a town planner, legal professional, or other consultants will add to the overall cost.
While it’s impossible to give an exact figure without specifics, here’s a breakdown of potential costs:
5. Application fees: These can range from a few thousand to tens of thousands of Rands, depending on the municipality and the nature of the application.
6. Town planner fees: Expect to pay anywhere from R20,000 to R70,000 or more for professional town planning services.
7. Advertising and notification costs: These costs cover public notices and neighbour consultations.
8. Other potential costs: These may include legal fees, environmental impact assessments, traffic impact studies, and other specialist reports, bulk contributions, municipal tribunal hearing costs (in case of objections).

While Rezoning can be a significant investment, it can also significantly increase the value and potential of your property. If you’re planning a development or change of land use that requires Rezoning, the long-term benefits often outweigh the initial costs.

1. Engage a professional town planner: Experienced town planners, like those at Glensburg Town Planners, can guide you through the process, prepare a strong application, and address potential challenges.
2. Consult with neighbours and the community: Early engagement can help identify and address concerns, increasing the likelihood of approval.
3. Thorough application: Ensure your application is complete, well-justified, and aligned with local planning regulations and zoning categories.
4. Appoint Glensburg Town Planners: As experts in South African planning regulations, Glensburg Town Planners will assist you with:
a) Determining the feasibility of your Rezoning application.
b) Preparing a comprehensive and compliant application.
c) Liaising with the municipality on your behalf.
d) Addressing any objections or challenges that may arise.

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.

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.

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.

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.

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.

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.

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.

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.

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. 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.

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. 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.

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.

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. Our town planners can apply for Rezoning or consent use to the council on behalf of the property owner.

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.

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.

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.

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.

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.

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.

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.