What is a rezoning?

Rezoning 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 relevant Zoning Scheme Regulations of a Municipality. The Zoning regulations compiled by local municipalities, indicate and give guidance how properties can be used and developed.

A Rezoning involves the amendment of the current zoning designations to allow for different types of land uses, such as residential, commercial, industrial, or agricultural. 

The Change of a Zoning category or Rezoning is dependent on Council Policies such as a 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 Municipal By-laws. Neighbours or community members can object to a rezoning proposal during public participation process.  

What Documents are Required?

The following Documents can typically be required: 

 

• • A Pre-Application as may be determined by relevant Municipality

• • Covering letter addressed to the relevant Municipality 

• • Completed Application forms. 

• • Motivation Report which complies with the relevant Municipality By-laws 

• • Locality plan indicating the locality of the property 

• • Zoning plan indicating the zoning of the current and surrounding properties on a appropriate scale 

• • Land plan indicating the Land Use of the current and surrounding properties on a appropriate scale 

• • Site Plan: Scaled drawing that displays the property cadastral, with proposed and existing structures aligned to the rezoning proposal. The site plan can also indicate elevations of the proposed building work.

• • Details of the surrounding properties requiring notification List of neighbours

• • Zoning certificate (issued by the municipality) 

• • Proposed Annexure/ Zoning Rights 

• • Registered title deed

• • Power of attorney signed by 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 Report, Geotechnical Report, Traffic Impact study etc may be required. 

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 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. 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 a area or City 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 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: 

 

• • 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 Council Policies. 

 

• • Pre-Application Consultation Stage: A meeting is typically arranged with the municipality’s town planning department and Consulting Town Planner. During this meeting, the potential rezoning is discussed, and the municipality provides guidance on the viability of the proposal based on Council Policies.  The Pre-Application can also be provided in a written format subject and is subject to Council requirements. A Pre-Application process is helpful ass it will give guidance if 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 municipality complied by a competent and professional Town Planner. This application includes various documents and payment of the relevant application fees. It is always advised that a Professional and competent Town Planner compiles 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 or object on the application. Notification is normally consisting of advertisements in the Government Gazette, Local Newspapers, notification via registered post 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 Municipality. 

 

• • Technical Assessment Stage: Each required department at the Municipality must provide comments on the proposed rezoning application. The municipality may also request comments and input from External or Provincial Department depending on the nature and location of the proposed rezoning application. 

 

• • Evaluation Stage: As soon input from all the respective and required department have been received, can the responsible Town Planner at Council evaluate the proposed rezoning application. The 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 Municipality. Once all the conditions have been met, a zoning certificate can be issued by the Municipality with the newly applied zoning. In South Africa, the 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 

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 attracts 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 is important to understand the drawbacks 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 Council, 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 neighbourhood. 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 Council, and whether any objections are received against the application or not. 

 

• • Red Tape: A Rezoning application has numerous proses 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