The property industry is highly competitive, especially in South Africa. Companies are developing properties for industrial, commercial and residential. Laws in South Africa dictate that when you develop a property, it needs to be for a specific use. If you want to change the way your property is classified, you need to apply for rezoning.
Rezoning is the process of changing the zoning classification of your property. This enables you to have different land use rights and activities. Basically, when you rezone property, you change the rules for what can be built on the property.
If you have a property and want to use it for a different reason other than intended, then this article is for you. We will take you through rezoning as a concept and tell you how you can do it on your own.
What is Rezoning Property?
As mentioned above, rezoning is the process of changing the zoning classification of your property. The regulations around property rezoning are established by your local municipality. The municipality states how the property can be used and developed.
Municipalities have specific regulations for zoning. The regulations apply to different areas and suburbs as well as different types of properties such as commercial, residential, agricultural, industrial and mixed-use properties.
If you want to use your land for purposes outside of the current zoning regulations, you will have to apply to your local municipality. The rezoning application process can take almost a year to go from application to approval.
There are five zoning categories in South Africa:
- Residential
- Business
- Industrial
- Agricultural
- Open space
- Special zoning category
Note: Costs of rezoning are dependent on a multitude of factors such as the complexity of the rezoning and property size.
Why Would You Need to Rezone Your Property?
There are many reasons as to why you would want to rezone your property. Some common reasons for rezoning include:
Running a Business From Your Home: If your property is classified for residential use only, you need to apply for rezoning so you can conduct your business from home.
Property Development: If you are a property developer, you might want to rezone your property if you want to for example change your single dwelling into an apartment block or shopping centre.
Need for Change: As your area develops and evolves, you may want to rezone to adapt to new developments and community needs.
How to Apply for Property Rezoning in South Africa
The rezoning application process can be quite a long one but it’s not impossible. The application process involves the following steps:
Step 1: Find a Town Planner
If you want to rezone your property, you will need to speak to a town planner. You must tell the town planner the details of your property and why you want to rezone. The town planner will look at your proposal and investigate the existing rights of the property.
Step 2: Pre-application Inquiry
Before you can submit your application for rezoning, the town planner will submit the pre-application inquiry for you. From the pre-application inquiry, the town planner will get feedback on whether the municipality can support your application.
Step 3: Application for Rezoning
Now you can submit your application for rezoning to your local municipality. Your application should contain the following documents:
- Motivational memorandum
- Locality plan.
- Your zoning plan.
- Land use plan.
- Special power of attorney document.
- Resolution document.
- The bondholders consent.
- Correct application forms.
Step 4: Notify Your Community
Once your application has been submitted and approved, you need to notify your neighbours and all interested parties. You also need to give them an opportunity to express any concerns they may have.
Step 5: Post-approval Compliance
After you have received your approval letter from your municipality, you need to comply with the conditions of your approval. Once you have met the compliance conditions within the approval letter, the municipality will declare the land use rights.
The declaration from the municipality allows you to develop your rezoned property as you deem fit (following approval conditions).
Is Rezoning Your Property Worth the Cost?
Rezoning is quite expensive and requires significant investment. However, it can bring great returns by increasing the value of your property. All in all, rezoning gives you long-term benefits that will make the initial costs seem like a great investment.
Using this article you can start the process of rezoning your property. Follow the right steps and stay compliant and your application will be successful. Once everything is done, you will begin to reap the rewards of your investment.
For more information on all things property, read our guide.
