FAQ’s

To determine if an erf can be subdivided depends on the following:

• The Policy of the local authority – What it allows on the property, can it be subdivided?
• What is the size of the property in relation to the relevant policy of the local authority?
• What is the location of the existing dwelling house and buildings on the property (if any)?
• Can a panhandle of at the very least 3m wide be provided (some areas require a minimum of 4m)?
• Where is the future sewer connection located?
• Will a sewer servitude (2m wide) be required for the future sewer connection across the newly created portion or over a neighbouring erf?
  
  An erf can only be subdivided if services can be provided to it, as required by the local authority.

Can I develop my agricultural holding (plot) or farm portion with town houses, cluster houses, a residential estate, business uses, shops, industrial uses or warehousing?

To determine this will be dependent on the following:

• Is the agricultural holding (plot) or farm portion in an area where the proposed use is supported by the local authority?
• Is the agricultural holding (plot) or farm portion located in the urban edge or urban development boundary of the local authority?
• Are the geotechnical conditions suitable for development?
• Is the agricultural holding (plot) or farm portion located in an area with available engineering services (water, sewerage, stormwater, roads and electricity)?
• Is the agricultural holding (plot) or farm portion located in close proximity of a stream/river/dam, or a wetland or floodline area?
• Is the agricultural holding (plot) or farm portion affected by a proposed provincial or national road?
• Is the agricultural holding (plot) or farm portion affected by servitudes for power lines, pipeline or similar services?
• Is the agricultural holding (plot) or farm portion located in an environmentally sensitive area?
An agricultural holding (plot) or farm portion can only be developed if there are services available in the area, and if it is not adversely affected by wetlands, floodlines, proposed roads and environmental authorisation can be obtained.

The procedure for the rezoning of a property involves more or less the following:

• A preliminary investigation and report are completed.
• An application for rezoning is done to the local authority.
• Local authorities require various documents and draft Site Development Plans and certain engineering reports.
• A decision is made in respect of the application.
• If the application is approved, the approval is promulgated in the Provincial Gazette.
• There generally will be additional requirements, ie the payment of contributions, the submission of a site development plan (SDP) and building plans before the rights may be exercised.

The procedure to subdivide an erf (stand) in Gauteng, Mpumalanga and Limpopo generally involves the following:

• A base plan is required.
• Application for the subdivision of the erf (stand) is made to the relevant local authority.
• Consent for the subdivision of the erf (stand) is granted by the local authority.
• Pegging of the subdivision and obtaining approved Surveyor General (SG) diagrams.
• Application for a clearance certificate for the transfer of the subdivided portion(s).
• Payment of contributions.
• Servicing subdivided portion(s).
• Registration of subdivided portion(s).
• A base plan is mostly required.

In order to obtain the majority of land use rights on an agricultural holding (plot) or farm portion the procedure of Township Establishment needs to be followed. Township establishment is a combined process of rezoning and subdivision, applicable to the two property types mentioned above.

The township establishment procedure generally involves the following:

• A preliminary investigation and report are completed. The basic requirements for township establishment must be positive.
• An application is submitted to the local authority for the establishment of the Township. This includes various engineering reports.
• The application is approved in principle by the local authority.
• Conditions of establishment are obtained.
• The general plan is compiled and submitted.
• General plan approval is obtained from the Surveyor General.
• Clearance from the local authority is obtained.
• The township register is opened.
• The township is proclaimed.
• The township is serviced.
• Final clearance is obtained to allow transfer of erven (stands).
• There will generally be additional requirements, ie the payment of contributions, the submission of a site development plan (SDP) and building plans before the rights may be exercised.
  
  An application for the township establishment will take between 24 and 36 months (this is subject/dependent on various variables).