What is a rezoning: 

Rezoning in the City of Johannesburg Metropolitan Municipality typically refers to the land use application process of changing the designated land use regulations and zoning requirements of a specific area or property as guided by the City of Johannesburg Land Use Scheme, 2018. The zoning regulations compiled by the City of Johannesburg Metropolitan 

Municipality and enforced by the City of Johannesburg Land Use Scheme, 2018, indicate and give guidance on how properties can be used and developed.

A rezoning involves the amendment of the current zoning designations as indicated on the zoning certificate by the City of Johannesburg Land Use Scheme, 2018 to allow for different types of land uses, such as residential, commercial, industrial, or agricultural within the City of Johannesburg Metropolitan Municipality jurisdiction.

The change of a zoning category or rezoning is dependent on the City of Johannesburg Metropolitan Municipality policies, such as the City of Johannesburg Spatial Development Framework (SDF), Local Structure Plans, or Urban Development Framework (UDF). 

A rezoning application typically requires notification of interested and affected parties as per the requirements of the City of Johannesburg Municipal Planning By-laws, 2016. Neighbors or community members can object to a rezoning proposal during the public participation process

 

What Documents are Required for a Rezoning Application in the City of Johannesburg Metropolitan Municipal area: 

• A pre-application, as may be determined by the City of Johannesburg Metropolitan Municipality, is known as a Planning Permission Meeting Enquiry.
• Cover letter addressed to the City of Johannesburg Metropolitan Municipality
• Completed application forms determined by the City of Johannesburg Metropolitan Municipality Municipal Planning By-laws, 2016
• Motivation Report, which complies with the City of Johannesburg Metropolitan Municipality Municipal Planning By-laws, 2016
• A locality plan indicating the locality of the property
• A zoning plan indicating the zoning of the current and surrounding properties on an appropriate scale
• A land plan indicating the land use of the current and surrounding properties on an appropriate scale
• Site Plan: A scaled drawing that displays the property cadastral, with proposed and existing structures aligned to the rezoning proposal. The site plan can also indicate the elevations of the proposed building work.
• Details of the surrounding properties that require notification List of neighbors
• Zoning certificate (issued by the City of Johannesburg Metropolitan Municipality)
• Proposed Annexure/Zoning Rights
• Registered title deed
• A power of attorney is signed by the owner.
• Consent from the bondholder (if applicable and if bonded with a bank) must be submitted with the application.
• Specialist Studies: Depending on the rezoning proposal and requirements of the municipality, specialist studies such as services reports, geotechnical reports, traffic impact studies, etc. may be required in terms of the City of Johannesburg Metropolitan Municipality Municipal Planning. By-laws, 2016

 

Why do you need to Rezone? 

There are several reasons why a property owner would want to rezone. Some general reasons include:

• Changing of land use: A change in the use of the property, for example, if a residential area in the City of Johannesburg Metropolitan Municipal area is to be converted into a business property, rezoning is necessary to legally allow the business development. A Rezoning can also be catered to the specific needs of the property owner. 

• Economic benefit: Rezoning may be necessary to attract economic development and investments in a particular area of the City of Johannesburg Metropolitan Municipal area. It allows for the creation of new businesses, industries, and job opportunities, leading to increased economic growth.

• City growth: A Rezoning can help manage population growth for an area or City of Johannesburg by allowing the construction of additional housing stock or higher-density development in areas typically experiencing increased demand. It ensures that the zoning regulations are in line with the changing demographics.

 

Understanding the Rezoning Process 

The rezoning process in South Africa and within the City of Johannesburg Metropolitan Area is subject to each requirement of the respective local municipality. Each municipality has different requirements for a rezoning application and rezoning process. The following process is generally applicable for a rezoning application within the City of Johannesburg Municipal Area:

• Inquiry Stage: The landowner or developer interested in rezoning the property should contact a professional town planner. Basic information should be provided for the purpose of the proposed rezoning. The appointed town planner will conduct a desktop assessment to determine if the proposed rezoning aligns with City of Johannesburg policies.

• Pre-Application Consultation Stage: A meeting is typically arranged with the Johannesburg Municipality town planning department and Consulting Town Planner. During this meeting, the potential rezoning is discussed, and the Johannesburg municipality provides guidance on the viability of the proposal based on council policies, Johannesburg by-laws, and the Johannesburg Land Use Scheme. The pre-application can also be provided in written format and is subject to the City of Johannesburg requirements. A pre-application process is helpful as it will give guidance on whether the rezoning proposal will be supported in principle. It also provides the property owner with transparency and assurance that the proposal will be supported in principle and eliminates the risk of receiving a rezoning refusal in the process.

• Formal Application Stage: Once the landowner or developer decides to proceed with the rezoning, a formal application needs to be submitted to the Johannesburg Municipality by a competent and professional town planner. This application includes various documents and payment of the relevant application fees to the City of Johannesburg. It is always advised that a professional and competent town planner compile the application.

• Public Participation Stage: After submission of the application, the appointed town planner must attend to the public participation process. The public participation process normally runs for a period of 28 days in order to allow any infested and affected party sufficient time to comment on or object to the application. Notification normally consists of advertisements in the government gazette, local newspapers, notification via registered mail, and on-site placard notices. The placard notice needs to be maintained for a period between 14 and 21 days. Comments and/or objections should be addressed to the City of Johannesburg Municipality.

• Technical Assessment Stage: Each required department at the City of Johannesburg Municipality must provide comments on the proposed rezoning application. The municipality may also request comments and input from external or provincial departments, depending on the nature and location of the proposed rezoning application.

• Evaluation Stage: As soon as input from all the respective and required departments has been received, can the responsible town planner at Council evaluate the proposed rezoning application? The Johannesburg Municipality will make a decision on the application. This decision could include approving the rezoning, approval subject to certain conditions, refusal of the rezoning, or referring it back to the applicant for further information or amendments.

• Compliance Stage: Once a rezoning application is approved, the application will, in most cases, be subject to certain conditions. It remains the responsibility of the owner to ensure that all the conditions are met based on the rezoning condition requirements. An example can be the payment of bulk contributions to the Johannesburg Municipality. Once all the conditions have been met, a zoning certificate can be issued by the Johannesburg Municipality with the newly applied zoning. In South Africa, compliance is sometimes referred to as a SPLUMA Certificate or PCP Application.

• Implementation stage: After a compliance stage is completed, the property owner or developer can proceed with implementing the proposed changes in land use subject to compliance with the rezoning conditions set by the municipality and obtaining relevant building plans and permits.

It should be noted that the rezoning process can vary slightly between different municipalities in South Africa. It is therefore advised that you contact a Professional Town Planner to start the rezoning application process. 

 

Contact Urban Arrow to rezone your property. 

 

Advantages of Rezoning a property in Johannesburg

Rezoning a property offers numerous advantages, including:

• Enhanced property value: Changing the zoning of a property to allow for higher density or mixed-use developments can contribute to an increase in the market value of the property.

• Maximising Land Potential: The rezoning of a property can enable property owners to make the most efficient use of their land. This typically can cater to a growing market and economic growth in order to meet the changing social needs and requirements by introducing new types of developments.

• Creating opportunities: The rezoning of a property can attract developers and investors who are interested in capitalizing on future possibilities for long-term growth.

 

Disadvantages of Rezoning a property 

Before Rezoning a property, it important to understand the drawback and challenges. 

• Timeframes: In certain cases, a rezoning application can take several months to be completed. The time scale up to the approval of the application is totally dependent on the Johannesburg Municipality and whether any objections are received against the application or not.

• Objections: A rezoning application can be met with resistance from community members who fear the impact on their neighborhood. Reasons for objections typically include increased traffic, noise, or changes to the character of the area, infrastructure, etc. If any objections are received, the time frame can be extended considerably, as time must be allowed to contact the objectors to try and persuade them to withdraw their objections. If an agreement cannot be reached between the owner and objectors, a hearing or planning tribunal must be held, which can drastically extend the finalization period.

• In certain cases, a rezoning application can take several months to be completed. The time scale up to the approval of the application is totally dependent on Johannesburg Municipality and whether any objections are received against the application or not.

• Red Tape: A Rezoning application has numerous processes and procedures that have to be complied with. The zoning regulations are in place to protect the community and ensure sage and sustainable use of land. A rezoning application must comply with these strict regulations and planning requirements. This can be a daunting process for a property owner.

Contact Urban Arrow for Professional advice on your Rezoning in Johannesburg

Please note: This is a general guide. Specific requirements and procedures can vary. Always consult with a Qualified and Professional Town Planner for the most up-to-date information and personalized advice.