What is subdivision within the City of Johannesburg Metropolitan Municipality?

Subdivision of properties within the City of Johannesburg Metropolitan Municipality refers to erven within a township area, which in general relates to erven within suburbs or neighborhoods, for example, built-up areas with an extension number.

Subdivision may also refer to the subdivision or division of farm portions or agricultural holdings within the City of Johannesburg Metropolitan Municipality.

Important considerations for subdivision of properties within the City of Johannesburg Metropolitan Municipality:

• How many portions do I want to create by way of subdivision?
• What is the approximate size of the proposed subdivided portions?
• How does my zoning certificate affect the proposed subdivision?
• How does the title deed affect the proposed subdivision?
• How do the policy guidelines affect the proposed subdivision?

The above general point of departure is important because:

• Subdivided properties need to comply with minimum property sizes in accordance with the City of Johannesburg Metropolitan Municipality policy guidelines.
• The zoning certificate for the subject property may need to be amended to provide for the proposed subdivision and minimum property sizes.
• The deed of transfer may contain restrictive conditions prohibiting the subdivision; if this is the case, the title deed may need to be endorsed by way of a Removal of Restrictive Conditions Application, also submitted at the City of Johannesburg Metropolitan Municipality.

Once the above important points of departure have been identified, the following further requirements also need to be considered:

• Do I want to sell the newly created subdivided portion/s

Newly created subdivided portions or cadastral entities need to comply with the following requirements to attend to the sale of the cadastral entities within the City of Johannesburg Metropolitan Municipality:

• Approval letter from the City of Johannesburg Metropolitan Municipality
• Approved subdivision diagram
• Title deed requirements
• Clearance letter requirements.

 

Approval letter from the City of Johannesburg Metropolitan Municipality”

The subdivision of a property starts with the subdivision application process as the City of Johannesburg Metropolitan Municipality. 

In general the requirements for subdivision are as follows (requirements in terms of the Johannesburg Municipal By-laws:

 

Compilation of the Subdivision application:

• Application fees 
• Covering letter
• Application form
• Motivation Report
• Locality plan 
• Zoning plan
• Land use plan 
• Proposed subdivision plan 
• List of neighbours
• Zoning certificate
• Existing Annexure (if applicable)
• Proposed Annexure 
• Registered title deed
• Power of attorney
• Company/Close Corporation/Trust resolution (if applicable)
• CM29 form/CK1 or 2 form/list of members of trust (if applicable)
• Consent from the Bondholder (if applicable) – must be submitted with the application at the Ekurhuleni Municipality.

 

Submission of the application:  

• Application submitted to the Ekurhuleni Municipality
• Application scanned onto system of the Ekurhuleni Municipality
• Ekurhuleni Municipality circulates application for comments
• Departments comment on application

 

Advertisement procedure (if applicable):

• Notices are compiled by our offices
• Notices (in English and any other spoken language) – may include registered post and notice boards, as may be determined by council 
• Proof of advertisements are sent to the Ekurhuleni Municipality 
• The general public will have twenty eight (28) days to object to the application

 

Following up on application:

• Following up on comments and status of application on a regular basis
• Corresponding with departments, if necessary
• Meetings with engineers, if necessary

 

Finalisation of application: *

• Ekurhuleni Municipality compiles the necessary approval documents
• Application approved by Ekurhuleni Municipality, if no objections and/or negative comments were received
• Client adheres to all conditions stipulated by the Ekurhuleni Municipality in the official approval letter
• Bulk Service Contributions are payable at the different Engineering Departments at the City of Ekurhuleni Municipality.
• Ekurhuleni Municipality issues final approval documents
• Attend to the Conditions of Approval 
• Land surveyor to be appointed for the Subdivision Diagram
• Attend to the relevant Clearance Certificate requirements to enable registration of the newly created portion 

 

Approval of the subdivision diagram (SG Diagram):

The subdivision diagram needs to be approved in the Chief Surveyor General’s Office by a professional Land Surveyor. This involves the registration of the newly created subdivided portion as a new cadastral entity.

 

Title Deed Requirements:

A new title deed needs to be created and registered in the Deed’s office indicating the newly created subdivided portion, including property description, size, diagram numbers and conditions related to the title deed and needs to be drawn up by a conveyancing attorney.

 

Clearance letter requirements:

The City of Johannesburg Metropolitan Municipality needs to issue a clearance letter in terms of the Johannesburg Municipal Planning By-laws and this clearance letter generally refers to:

• Approval of the subdivision of the property by the City of Johannesburg Metropolitan Municipality
• Surveyor General approval
• Title deed requirements
• Bulk infrastructure requirements and compliance
• Payment of bulk services fees and installation of bulk services requirements. 

 

Urban Arrow Town Planners and Development Consulting (Pty) Ltd: Your Town and Regional Planning Consultant. 

At Uban Arrow Town Planners and Development Consulting (Pty) Ltd, we specialize in guiding subdivision applications for successful development projects. Our in-depth knowledge of regulations, combined with our design and planning expertise, will streamline your path to realization. Contact us to explore your project’s potential.

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.