What is a Subdivision?  

A subdivision refers to a section of part of a property or part thereof that has been divided into two or numerous land parcels. Each municipality situated within South Africa has different definitions of what constitutes a subdivision. 

A Subdivision can be done on an Erf within a Proclaimed Township or a Subdivision of a Agricultural Land. Subdivision of Agricultural land is also referred to as Division of land in numerous municipalities in Gauteng. Subdivisions are governed and subject to the relevant local zoning and land use By-laws of a Municipality and regulations. 

What is a Subdivision Plan?

A subdivision plan is a document created by a Town Planner or developer outlining a proposed subdivision of a land parcel of land into smaller portions. A Subdivision plan forms part of the requirements of a subdivision application. 

The subdivision plan includes a detailed description of the proposed development, including the proposed parcel sizes, existing servitudes, new servitudes, layout of streets, services connections, open space areas, contours, existing structures and configurations, and any other relevant information required. 

What Documents are Required for a Subdivision Application 

The following Documents can typically be required a Subdivision Application.  

• 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 use 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 subdivision proposal. The site plan can also indicate elevations of the proposed building work.
• Subdivision Plan 
• 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.
• Conveyancing Certificate complied by a Conveyancing Attorney
• 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 Municipality, specialist studies such as Services Report, Agricultural Potential Study, Geotechnical Report, Traffic Impact study, market study etc may be required. 

Understanding the Subdivision Process 

A Subdivision Process in South Africa is subject to the relevant requirement of the respective Local Municipality. Each Municipality has different requirements for a Subdivision Application and Subdivision Process. The following process is generally applicable for a Subdivision application: 

• 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 (ie number and sizes of required subdivision). The appointed Town Planner will conduct a desktop assessment to determine if the proposed subdivision 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 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 a written format subject and is subject to Council requirements. A Pre-Application process is helpful ass it will give guidance if 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 compiles the application. 

• Public Participation Stage (if required): 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 subdivision application. The municipality may also request comments and input from External or Provincial Department depending on the nature and location of the proposed subdivision 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 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, ensure that the SG Diagrams are approved and that the required services and infrastructure is 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 is completed, the property owner or developer can proceed with transfer of the newly subdivided land parcels. 

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

Contact Urban Arrow to subdivide your property

What is a SG diagram? 

A SG diagram, or a Surveyors General diagram, is a plan compiled a Land Surveyor of the subdivision that shows the proposed subdivision layout. The SG diagrams shows the sizes of the subdivided land parcel configurations, servitudes, streets, connections and property beacons.

A SG diagram is a detailed diagram showing the geographical location and boundaries of each parcel within the proposed subdivision. A SG diagram is required after approval of a subdivision application and is septically handled by a Professional Land Surveyor. A SG diagram is an essential part of the subdivision planning process. 

This diagram is normally submitted to the Municipalities Planning Offices to obtain approval for compliance of the proposed subdivision.

What professionals are involved in the Subdivision process? 

Various professionals are involved within a subdivision process. This ultimately depends on the scale and location of the subdivision application. The following professionals are typically involved in a subdivision process: 

• Land Surveyor: A land surveyor can be used for a Survey to ensure that the topographical data and existing structures are accurately captured for the subdivision diagram. The Land Surveyor also needs to compile a SG Diagram after approval of the subdivision application. 

• Architect: Deepening on Council requirements, an Architect might need to compile a Site Plan or Site Development Plan for the proposed Subdivision. 

• Civil and Electrical Engineers: Civil and Electrical Engineers are required to ensure that the proposed subdivision and connection to services within the area. 

• Environmental Practitioners: An Environmental Practitioner can be required in the subdivision process should there be any environmental sensitivity on site and ensure that the listing notices in terms of NEMA area upheld. The Environmental Practitioners can also be required to submit a Landscape Development Plan, if required by Council or the relevant governing body. 

• Traffic Engineers: Depending on the number of land parcels, a Traffic Engineer may be required to submit a Traffic Impact Study and make suggestions on road upgrades. This is normally only applicable for subdivisions that generate high number of daily trips. 

• Geotechnical Engineer: Council might require a Geotechnical Report compiled by a Professional Geotechnical Engineer. This is normally required in areas where there are bad soil conditions or risk of dolomite. 

• Attorney: Certain Municipalities also require a Conveyancing certificate that is compiled by a Attorney. The attorney will also take charge of the transfer of the newly subdivided land parcels later in the process. 

How long does it take for a subdivision application to be approved?

• Depending on the type of application and municipal jurisdiction, obtaining an approval for subdivision can take between 6 to 9 months or even longer.
• A Subdivision can also trigger the need for 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 it 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.
• Certain Municipalities also require Public Participation for a subdivision application. Should objections be received during the public participation process, the timeframe for a decision can cause be 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 with 9 months or even longer. 

Why do I need to Subdivide?  

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

• To maximise the effective use of land: Subdividing a property allows the property owner to divide it into smaller land parcels, each of which can be developed or sold separately. A subdivision can allow a more effective use of land by creating multiple land parcels. 

• Adapting to market demands:  a subdivision can also offer the opportunity to cater to a different market and adapt to different maker demands. This can be particularly beneficial if the property is located in a desirable area or if there is a high demand for smaller land parcels in the area.

• Increase property value: Subdividing a property can increase its overall land value by creating multiple land parcels of land that can be sold individually. This can increase the value of a property significantly. 

• Access to land and opportunity. The subdivision of land can provide access to land and homes for first time property owners. 

• Estate and inheritance: The subdivision of land can it easier to distribute the land among multiple inheritors or beneficiaries in the event of inheritance or estate planning.

• City growth: subdivision of land 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

Contact Urban Arrow for Professional advice on your Subdivision Application