The zoning regulations as well as the correct property description and details of the size, orientation etc can be obtained from 3^rdfloor, Lillian Diedericks (Brister House), 191 Govan Mbeki Avenue, Port Elizabeth.

Details of restrictions set out in the Title Deed can be established by obtaining a copy of the Title Deed from the Deeds Office, or the Bank or Financial Institution that holds the mortgage bond.

Can I change the zoning regulations and/or remove restrictive conditions of title?

If a proposed property development requires a change of the zoning regulations or amendment of the title conditions, this is possible, but requires an application and a formal procedure. There are numerous different kinds of applications, many which are technically and legally complex.  It is therefore advisable to consult a professional town planning consultant or other professionals.

Some development proposals may not require rezoning or removal of restrictive conditions but nevertheless need the Councils permission.  These are known as Consent Applications and are usually less complex, but need to be legally and technical correct.

Pre-consultation process where a planner will advise the applicant on which land application to apply and Pre-consultation forms are available at 3^rd floor, Lillian Diedericks (Brister House), 191 Govan Mbeki Avenue, Port Elizabeth.

Form for the various types of applications available at 2^ndfloor, Lillian Diedericks (Brister House), 191 Govan Mbeki Avenue, Port Elizabeth. Click here to download the form.

SPLUMA APPLICATION PROCESS

A complete application is received at Records – 3 days from Records to Properties

14 days within which application is received. (complete application). Advertising notices acknowledgement, circulation to Town Planning and SALT (to shorten the time-frame). 

Assessment to start at town planning

Closing date for objections (30 days)

Notify applicant of any objections received: within 10 days after the closing date

Applicant must respond to objection: within 30 days after notice of objections

Objections and comments sent to Town Planning within 10 days of receipt applicant’s response

Assessment of LSDF applications /straightforward applications to take 1 month.

Standard template be prepared by Town Panning to be approved by the AO with conditions as per the LSDF

10 days for Properties to prepare and submit item to AO/MPT AO to delegate powers to Deputy Director Properties

AO must decide on the application within 7 days after receipt of the comments/recommendation from Municipal official

MPT must decide on the application within 30 days after the receipt of comments/recommendations from Municipal Official

Minutes to be confirmed within 5 days after MPT meeting

Properties issue letter to applicant within 10 days after confirmation of the MPT minutes or AO decision

AUTHORIZE OFFICIAL LSDF = 90 DAYS

AUTHORIZE OFFICIAL = 186 DAYS = 6 MONTHS

MUNICIPAL PLANNING TRIBUNAL = 218 DAYS = 7-8 MONTHS

Notice is given that the Council, in terms of Section 30(2) of the Local Government: Municipal Structures Act No. 117 of 1998, as amended, read with Section 10G(7)(a)(ii) of the Local Government Transition Act, Second Amendment Act No. 97 of 1996, has by resolution taken by the majority of its full number, resolved to increase the existing fees and advertising costs payable in respect of the above as follows, with effect from 01 October, 2018:

Land Use Management is the system of legal requirements and regulations that apply to land in order to achieve desirable and harmonious development of the built environment.

Every property in the Metro has a set of regulations to control development, these regulations are determined by zoning of the property.  Property zoning is set out in the applicable Town Planning Schemes, which determines land use, floor area, coverage, building lines, parking provisions etc.

There are presently different Town Planning Schemes for different areas in the Metro.  It is important to establish which scheme applies to which area, as the specific requirements of the scheme differs.

In addition to the zoning regulations, development is also controlled by conditions of title.  These conditions are set out in the Title Deed of each property, and can restrict the way in which property may be developed.

Other pieces of Legislation that regulate development include the National Building Regulations and Building Standards Act and various Policies and other Municipal Bylaws.

Any development of land that does not abide by this legislation and its various sets of regulations can result in prosecution in terms of applicable legislation.

All proposals change the permitted use and development of land will be evaluated by the Council on the basis of a number of considerations.

The most important of these is the Councils development policy, which is known as the Spatial Development Framework (SDF) and the Local Spatial Development Framework (LSDF).  These documents provide guidelines as to what land use and development change will be acceptable.  The document has been drawn up with involvement of various communities.  Generally, if a proposal is in accordance with the SDF and LSDF it is likely to be supported.  If it is not in line with the SDF and the LSDF, the Land Use Management Section is unlikely to recommend the proposal for approval.

‘Land Survey Enquiries Counter' on the 3rd floor Kwantu Towers or tel. 041 506 2146 

'Land Survey Enquiries Counter' on the 3rd floor Kwantu Towers or phone us at 041 5062146 for more information. When cadastral spatial data in electronic format and relevant aerial photos are required our 'Graphic Services Drawing Office' can assist. (3rd floor, Kwantu Towers).

You (or your Conveyancer) can lodge the following documents to 'Land Survey Enquiries Counter' on the 3rd floor Kwantu Towers:

a) Approved land survey diagrams (SG diagrams)

b) Council subdivision application approval

c) Plumbing- and Electrical certificates

   (Council application annexures 1 & 2)

Please note that in the case of new Townships (General plans) 'service certificates' must be forwarded by the Consultant Engineer to 'Planning and Development' on the 4th floor Kwantu Towers for Municipal clearance purposes.

Any Professional Land Surveyor (members list on SAGC website or browse the 'yellow pages')

Or you can visit 'Land Survey Enquiries Counter' on the 3rd floor Kwantu Towers' or phone 041 506 2146 for more information.

1. Once the hand-delivered application is received, acknowledgment of receipt of application will be e-mailed to the applicant with the contact details of the relevant official dealing with the application.
2. The application will be subjected to internal circulation (SALT) in order to assess whether the subject land is required for municipal purposes, the most fundamental question to be responded to.
3. A report will be prepared for consideration by full Council via the relevant standing committee of Council (Human Settlement Committee) and the Executive Mayor.
4. The report will recommend and Council will resolve whether the land can be disposed and if so in what manner, i.e. by means of public tender or by means of expression of interest.
5. Both instances will be advertised in the media; tenders will be considered by the Land Evaluation Committee and adjudicated
6. Time frames are according to SPLUMA (Spatial Planning and Land Use Management Act) -View info-graphic