PROPERTY NEWS - Homeowners who are looking to rezone their property for business use or subdivide to sell a portion of their land may be in for a longer ride than they initially expected, says Adrian Goslett, Regional Director and CEO of RE/MAX of Southern Africa.
Complex process
"Whether applying to rezone or subdivide a property, the application will need to be submitted to the relevant local authority and it can take anywhere from two months to two years to be either approved or denied.
The process is time-consuming, and also a very arduous and complicated affair.
The documentation required by the local authority is complex, and the fees that need to be paid can expensive.
"Because of the complexity of the matter, most people use the services of an attorney or town planner to assist them through the process. The advantage here is that the application is handled by a specialist who understands all the aspects of the procedure - this will expedite the process to some degree," says Goslett.
When to rezone
Goslett explains that zoning refers to the rights of the property, regarding what you can do with that property.
Property zoning is divided into levels of residential, business and industrial, each with its own set of rules and restrictions. When would rezoning be necessary?
"If a homeowner is running a small business from their property with only two or three staff members and the occasional client visit, there is no need for them to look into rezoning their home.
"However, if the home business grows to the extent that the traffic from clients and the activities on the property begin to impact the lives of the neighbours, they will need to apply for rezoning."
He notes that subdivision and rezoning often go hand in hand because of the restrictions that come into play.
Getting approval
What does the process involve?
The first thing a homeowner will need to do if they wish to rezone their property is to submit a detailed report to local council, motivating their reasons for wanting to rezone.
"Once the motivational report has been submitted, the homeowner will be required to advertise their application in the provisional Gazette, giving members of the public the opportunity to submit their objections," Goslett explains.
"The local town planning department will consider the information that has been submitted, along with any objections that they receive.
"The town planning department will then refer the matter to the council committee and the provisional committee for the final decision."
With regard to subdividing a property, the homeowner and their architect will be required to meet with a town planner.
Plans will need to be drawn up and submitted to the city council, along with a detailed report.
The homeowner is then required to inform their neighbours of their intention to subdivide via register letter, and they also need to advertise it calling for objections.
Once the neighbours have given their approval, the plans will need to be approved by the council.
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