Subdividing a Property in the City of Tshwane?  

A subdivision application will be required to subdivide a property that is situated within the municipal jurisdiction of the City of Tshwane Metropolitan Municipality.

The following items affect the possibility of subdividing a property in the City of Tshwane Metropolitan Municipality:

• Existing zoning for the property
• Title Deed Restrictions on a Property
• Policy Guidelines (Spatial Development Framework)
• City of Tshwane Land Use Management By-Law, 2016
• Tshwane Town Planning Scheme 2008 (revised 2014)

In the City of Tshwane Metropolitan Municipality, a subdivision can be done on an erf within a claimed township or a subdivision of agricultural land. A subdivision of agricultural land is also referred to as a division of land.

 

What Documents Are Required for a Subdivision Application in the City of Tshwane Metropolitan Municipality?

It’s important to first make sure the property can be subdivided. Your appointed town planner will make sure that the property can be subdivided.

The following documents are typically required for a subdivision application in the City of Tshwane Metropolitan Municipality: 

• Application fees for subdivision are payable to the City of Tshwane Metropolitan Municipality.
• Covering letter for subdivision addressed to the City of Tshwane Metropolitan Municipality
• Completed application forms for subdivision.
• Motivation Report, which complies with the City of Tshwane Metropolitan Municipality By-laws
• 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 use 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 subdivision proposal. The site plan can also indicate the elevations of the proposed building work.
• Subdivision Plan
• Details of the surrounding properties that require notification List of neighbors
• Zoning certificate (issued by the municipality)
• Proposed Annexure/Zoning Rights
• Registered title deed
• A power of attorney is signed by the owner.
• Conveyancing Certificate complied by a Conveyancing Attorney
• A land surveyor certificate compiled by a land surveyor
• Consent from the bondholder (if applicable and if bonded with a bank) must be submitted with the application.
• Specialist Studies: Depending on the subdivision proposal and requirements of the City of Tshwane Metropolitan Municipality, specialist studies such as services reports, agricultural potential studies, geotechnical reports, traffic impact studies, market studies, etc. may be required.

 

Understanding the Subdivision Process in the City of Tshwane Metropolitan Municipality

In the City of Tshwane Metropolitan Municipality, a subdivision process is subject to the relevant requirements of the City of Tshwane Land Use Management By-Law, 2016.

 The following process is generally applicable for a subdivision application in the City of Tshwane Metropolitan Municipality:

• Inquiry Stage: The landowner or developer interested in subdividing the property contacts a professional town planner. Basic information should be provided for the purpose of the proposed subdivision (i.e., the number and size of the required subdivision). The appointed town planner will conduct a desktop assessment to determine if the proposed subdivision aligns with council policy.
•  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 subdivision 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 written format and is subject to council requirements. A pre-application process is helpful as it will give guidance on whether the subdivision 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 subdivision refusal in the process.
• Formal Application Stage: Once the landowner or developer decides to proceed with the subdivision, a formal application needs to be submitted to the municipality, compiled by a competent and professional town planner. This application includes various documents, such as the subdivision plan, motivation report, and payment of the relevant application fees. It is always advised that a professional and competent town planner compile the application.
• Public Participation Stage (if applicable). A subdivision of farmland in the City of Tshwane Metropolitan Municipality requires public petrification. 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 municipality.
• Technical Assessment Stage: Each required department at the municipality must provide comments on the proposed subdivision application. The municipality may also request comments and input from external or provincial departments, depending on the nature and location of the proposed subdivision 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 subdivision application? The municipality will make a decision on the application. This decision could include approving the subdivision, approval subject to certain conditions, refusal of the subdivision, or referring it back to the applicant for further information or amendments.
• Compliance Stage: Once a subdivision 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 subdivision condition requirements. An example can be the payment of bulk contributions to the municipality, ensuring that the SG diagrams are approved and that the required services and infrastructure are installed to the satisfaction of the relevant municipality. Once all the conditions have been met, a Spluma Certificate, or PCP, can be issued by the municipality confirming that all the conditions of the subdivision approval have been complied with. In South Africa, the compliance process is sometimes referred to as a SPLUMA Certificate or PCP Application.
• Implementation stage: After completion of the compliance stage, the property owner or developer can proceed with the transfer of the newly subdivided land parcels.

Contact Urban Arrow to subdivide your property

How long does it take for a subdivision application to be approved in the City of Tshwane Metropolitan Municipality?

• A subdivision application in the City of Tshwane Metropolitan Municipality can take between 5 and 9 months, or even longer, to be approved.
• A subdivision application in the City of Tshwane Metropolitan Municipality can also trigger the need for a rezoning application, depending on the zoning restrictions of the property. This can also extend the process for subdivision.
• After the application is submitted by the town planner, the subdivision application is circulated to relevant council departments for comments on the application. The subdivision application is then processed by a municipal planning officer, who makes a recommendation as to whether the application should be approved or not.
• In the City of Tshwane Metropolitan Municipality, the Subdivision of Farmland enquires public participation for a subdivision application. Should objections be received during the public participation process, the timeframe for a decision can cause serious delays in the processing and approval of the subdivision application. If an agreement cannot be reached between the owner and objectors, a hearing must be held, which can extend the finalization period by 9 months or even longer. 

Contact Urban Arrow for Professional advice on your Subdivision Application in the City of Tshwane 

Important factors Homeowners need to be aware for a Subdivision in the City of Tshwane

A typical subdivision application in the City of Tshwane can be a tedious process with numerous processes and requirements that need to be completed to the satisfaction of the City of Tshwane before the subdivision can be registered in the Deeds Office. The following points are key aspects that homeowners need to make sure they are aware of for a typical subdivision in the City of Tshwane:

• A subdivision in the city of Tshwane can trigger a rezoning application if the minimum erf size or density is exceeded. This is very common in areas such as certain suburbs in Pretoria East. A rezoning application can increase the costs and timeframe for the subdivision process.

• A subdivision in the City of Tshwane will, in all likelihood, generate the need for bulk contributions. Homeowners need to make sure they speak to a town planner or engineer to ensure they budget for this expense.

• A subdivision in the City of Tshwane will most probably require the installation of a sewer connection, in line with the requirements levied by the City of Tshwane Water and Sanitation Department. Homeowners need to make sure they are aware of this requirement and the associated costs.

• A subdivision in the city of Tshwane will require an approved surveyor-general (SG) diagram of the proposed subdivision. Homeowners can consult with the town planner or a land surveyor to ensure they understand the requirements.

• A subdivision in the City of Tshwane with existing structures will require approved building plans. If plans have been approved previously, proof thereof needs to be provided.

• A subdivision of the City of Tshwane will also most likely require a site plan or building plan that indicates the position of existing buildings and sewers in relation to the new site boundaries. This requirement is laid down by the City of Tshwane, Building Control, as a Standard Condition for Subdivision in the City of Tshwane.

Contact Urban Arrow for Professional advice on your Subdivision Application in Tshwane