Knowing the Zoning of your Property
If you are a property owner or aspiring property owner, the first step before you decide to buy a property, build a new building, construct alterations or additions to the existing building, is to determine the zoning of your property as well as the latest Town Planning Scheme relating to your property.
What is zoning?
Zoning is the process of dividing land into certain zones in which certain land uses are permitted or prohibited.
Who is involved in zoning?
Local Authorities use zoning as a technique of land-use planning -a tool for urban planning.
Why is property zoning applicable?
Zoning segregates uses that are thought to be incompatible.
Where is zoning applicable?
Before The Spatial Planning and Land Use Management Act, 2013 (Act 16 of 2013) there were parts of South African urban and rural areas that did not have any applicable spatial planning or land use management legislations.
With the Spatial Planning and Land Use Management Act, it became necessary for all areas to achieve important urban, rural, municipal, provincial, regional, and national goals and objectives through spatial planning and land use management. The goals and objectives can only be reached by adhering to the principles, policies, directives and national norms and standards as set out by each local authority in South Africa.
When does property zoning matter?
- When you are buying a new property
- When you want to build on a property
- When you want to build an extension onto an existing building
- For businesses/offices from home:
- Businesses not receiving clients
- Businesses receiving clients
How does your property zoning affect you?
A typical zoning certificate will indicate the following information:
- Description of the property, Property number and the Township, Farm or Holding.
- Applicable Town planning Scheme
- Zoning Classification
- Annexure number of applicable
- Additional or restrictive rights if applicable
- Consent use number if applicable
- Consent use Description if applicable
- Floor Area Ratio (FAR)
- Parking requirements
- Building lines
- Street address
The above requirements also refer to the applicable Town Planning Scheme.
There are also restrictions in the title deed conditions as well as the servitudes applicable.
Let’s explain with a few practical examples:
You have bought a 400ha property, easy travelling distance from the city, and ideal for industrial development. The zoning certificate of the property will indicate if the local authority will allow you to construct an industrial development.
If the property is zoned for agricultural purposes, the local authority will not allow you to construct a building for industrial purposes because it will have a negative impact on the surrounding agricultural land use.
You live in your dream suburb. Your home was exactly the right size when you bought it 10 years ago.
As time went by you realised that you require at least another room, so that your eldest can have a room for herself. After carefully planning and budgeting, the local authority does not approve your building plans – stating that you are exceeding your allowable coverage.
The applicable Town Planning Scheme has allocated the area that your house can cover on your property. You are not allowed to construct a building that will cover more area on your property than determined by your specific zoning.
Be reminded that it is an offence to utilise land in a manner other than prescribed by an applicable zoning scheme or land use scheme. Before buying or planning your next new building or additions to your existing building request title deeds, zoning rights and the surveyor’s general plan at the local municipality.
By Boaz Architects
HOMEMAKERS SAYS: For more information or assistance regarding the zoning of your property please contact BOAZ Architects. You can also call Carina Botha on 082 920 3158 or email her at firstname.lastname@example.org.