Township Establishment typically refers to the land use application process of changing the designated land use regulations on farmland / portions. The Township Establishment is thus creating erven within a township to enable the development of a parcel of land. The township establishment process involves town planning policy requirements and is required to convert farmland to proclaimed erven within a township establishment area, consisting of erven.

A township establishment involves the amendment of the current zoning regulations to allow for different types of land uses, such as residential, commercial, industrial, or business for example.

The township establishment process is dependent on Council Policies such as a Spatial Development Framework (SDF), Local Structure Plans or Urban Development Framework (UDF). Township establishments and the creation of erven within a proclaimed township must thus be in line with the various Spatial Planning Policies, guidelines, regulations, by-law and SPLUMA, as set out by the Municipality.

A township establishment 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 township establishment proposal during public participation process.

For a comprehensive understanding of township establishment, check out Urban Arrow

Documents Required for Township Establishment Applications and Processes

The following Documents can typically be required a Township Establishment 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 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 township proposal. The site plan can also indicate elevations of the proposed building work.
Layout Plan – indicating the proposed erven within the new township proposal
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 Township Establishment Proposal and requirements of the Municipality, specialist studies such as Services Report, Geotechnical Report, conveyancing certificate, land surveyor certificate, environmental requirements, Traffic Impact study etc. may be required.

Why do you need to do Township Establishment Application?

Changing Land Use

Township Establishment is essential when converting land from agriculture use to another—for example residential units of business.

Economic Growth

Township Establishment can attract investments, foster new businesses, and create job opportunities, leading to overall economic development.

Managing Urban Growth

Township Establishment allows municipalities to adapt to increasing population demands by enabling high-density developments or additional housing stock.

Understanding the Township establishment Process

The Township Establishment process involves several stages, each subject to the requirements of the respective municipality. Below is a general outline:

Enquiry Stage

The property owner or developer consults a professional town planner, who conducts a desktop assessment to determine whether the development proposal aligns with municipal policies, such as the Spatial Development Framework (SDF).

Pre-Application Consultation

A meeting with the municipality’s planning and services department provides clarity on the viability of the rezoning proposal. The municipality offers guidance based on its policies and frameworks as well as to determine availability of infrastructure capacity.

Formal Application Submission

A formal application is compiled and submitted by the town planner, including all required documentation and application fees.

Public Participation

The public is notified of the proposed rezoning through:

Government Gazette notices.
Local newspaper advertisements.
Registered post notifications to affected parties.
On-site placards maintained for 28–30 days.

The public has 28 days to provide feedback or objections.

Technical Assessment

Municipal departments and, if necessary, external or provincial authorities review the application and provide comments.

Evaluation Stage

The municipality evaluates the application and issues a decision. Possible outcomes include:

Approval with or without conditions.
Refusal.
Referral for amendments.

For details on what happens after approval, visit Post-Approval Compliance in Tshwane.

Compliance Stage

Once approved, the property owner must fulfil specific conditions, such as:

Payment of bulk contributions.
Obtaining a SPLUMA or PCP certificate.

Implementation Stage

The property owner or developer can implement the new zoning, ensuring compliance with municipal conditions and obtaining building plan approvals where necessary.

PROCEDURES OF APPLICATION

1.1. TOWNSHIP ESTABLISHMENT APPLICATION (UP TO APPROVAL)

The following procedures will be applicable to the proposed application:

Detailed Layout Plan Compilation:
- Gather all relevant information for the detailed layout plan.
- Conduct a contour survey (one to two-meter intervals) by a land surveyor.
- Certify the flood line by a qualified engineer.
- Design the township layout.
Township Establishment Application Compilation: Prepare the application according to the relevant municipal by-laws and regulations. This typically includes:
- Covering letter
- Application fees
- Application forms
- Township Name Reservation Letter (a Township Extension number will be issued)
- Motivational memorandum
- Draft amendment scheme, annexure, and map
- Locality plan
- Zoning plan
- Land Use plan
- Detailed layout plan
- Zoning certificate
- Site plan (showing the development’s location) by an architect or draughtsman
- Registered title deed
- Power of attorney
- Company/close corporation/trust resolution (if applicable)
- List of directors/members/trustees (if applicable)
- List of adjoining owners (names and addresses)
- Proposed statement of conditions
- Bondholder consent (if applicable)
- Deed of bond (if applicable)
- Land surveyor’s Certificate
- Conveyancer’s Certificate (including a land audit report)
- Geotechnical report
- Environmental Impact Assessment
- Transport Impact Assessment
- Civil services report
- Electrical services report
- Proof of referral to relevant authorities (e.g., provincial departments)
- Any other required information/documentation.
Professional Team Appointment: The client appoints the following professionals:
- Land surveyor
- Conveyancing Attorney
- Geotechnical Engineer
- Civil Engineer
- Traffic Engineer
- Environmental Practitioner
Street Names (if applicable):
- Apply to the respective municipality for street name reservation.
- The municipality provides a list of approved street names.
- Street name approval and implementation follow specific processes.
Township Establishment Application Submission: Submit the application to the respective municipality.
Application Circulation:
- The application is circulated to internal departments within the municipality for comments.
- The application is circulated to external departments and institutions for comments.
- All comments are submitted to the municipality.
Advertisement Procedure:
- Notices are prepared after the municipality confirms application completeness.
- Notices are published in designated newspapers and the relevant provincial gazette.
- Notice boards are erected on-site for a specified period.
- Neighbors are notified by registered post.
- Photographs of notice boards are taken.
- An affidavit confirms notice board erection and maintenance.
- Proof of advertisements is sent to the municipality.
- The public has a specified period to object.
Application Follow-Up:
- Collect inputs and comments from internal and external departments and institutions.
- Correspondence and meetings with departments regarding comments.
- Meetings with engineers regarding layout and comments.
Township Approval:
- The municipality collects all comments.
- Additional information/documentation is submitted as requested.
- The statement of conditions is finalized and amended based on comments.
- The municipality compiles an approval report.
- The report is submitted to the relevant approval body (e.g., Municipal Planning Tribunal) for approval.
- A letter of approval with the statement of conditions and detailed layout plan is issued.

1.2. PRE-PROCLAMATION PHASE

Surveyor General Data:
- Obtain Surveyor General data (new Erf numbers).
- Amend Conditions of Establishment and layout plan based on this data.
- Submit amended documents to the municipality for approval.
General Plan:
- Provide approved documents to the land surveyor.
- The land surveyor pegs the township and compiles the General Plan.
- The General Plan is submitted to the Surveyor General for approval.
Amendment of Conditions of Establishment:
- Amend the Conditions of Establishment to include the General Plan number.
- Submit amended documents and the approved General Plan to the municipality.
Pre-Proclamation Compliance:
- Obtain necessary clearances (entrances/exits, township name, street names, geotechnical conditions).
- Compile and sign service agreements.
- Install civil and electrical services.
- Provide guarantees.
- Comply with all conditions set by the municipality and other authorities.
- Obtain clearance for proclamation from relevant departments.
- Apply for relevant clearance certificates.
- The municipality issues the necessary certificates.
Township Register Opening:
- Provide the necessary certificates to the attorney.
- The attorney opens the Township Register at the Registrar of Deeds.
- The attorney receives proof of register opening.
Township Proclamation:
- Legal Services compiles the proclamation notice.
- For urgent proclamations (Extra Ordinary Provincial Gazette), the client will be responsible for the associated costs.
- The township is proclaimed.
Final Clearance Certificate:
- The municipality issues the final clearance certificate after service installation, bulk contribution payments, maintenance guarantees, and proclamation are verified. This certificate allows for building plan approvals and property transfers.

TIME SCALE

Application compilation takes two to four months, depending on information and report availability. Incomplete applications will not be accepted. Obtain bondholder consent if applicable.

Application submission to approval by the municipality takes approximately 12 months, barring unforeseen issues or objections.

The pre-proclamation phase takes about 10 to 12 months, including service report approvals, agreement signings, and service installations. This timeframe depends on the cooperation of professionals, contractors, and municipal departments.

Objections can significantly extend the timeframe, potentially adding 12 months or more due to negotiation and possible tribunal hearings.