Each municipality has its own Town Planning Scheme. You have to consult the Planning Scheme at the town-planning division of your local municipality to determine whether it is possible to subdivide the property. The Town Planning Scheme for a property determines the usage rights according to the zoning for the area and the specific property. It also specifies the maximum coverage of the stand, the height restriction of structures, and the building lines on the said property. Let’s look at some basics covered in the Town Planning Scheme as relevant to residential property subdivision.
Zoning and Usage Rights on the Property
The zoning of residential, business, or industrial properties determines usage rights on the property. The zoning certificate shows the restrictions and parameters on the said property. For instance, the scheme can indicate that residential properties can only have one dwelling for people, with secondary dwellings only being allowed for vehicle parking and storage. If the scheme allows for a second residential dwelling on the property, you might choose to build a granny flat without having to apply for rezoning of the property. As such, the zoning and usage rights will determine whether you can have multiple dwellings on the said property. The building density allowed also plays a role.
The minimum size of a residential stand in a particular area, maximum density, and building limitations must be considered if you want to add more dwellings or subdivide the property. Keep in mind that your neighbours also have a say in whether or not to allow subdivision of the property. When we apply for a zoning amendment of the Town planning Scheme, we follow a specific process that allows for public participation. A notice is placed at the property to inform neighbours of your intention to subdivide and this gives them the opportunity to lodge objections by following a specific procedure. Our consultants will handle the entire application for rezoning. This means you don’t have to inspect the Town Planning Scheme, create the site plan, or notify the community. This process is handled professionally, helping to minimise the risk of application failure due to following incorrect procedures.
Floor Area Ratio (FAR), Coverage, and Building Line
Our town planners also inspect the FAR, which provides the limits for the floor size of a particular dwelling in relation to the site size. Your particular municipal office may, for example, include the garage, veranda and other under-roof areas in the FAR or may exclude such. It is important to know how the FAR is calculated by the relevant municipality.
Coverage is another important aspect to consider when subdividing property for the purpose of building a residential dwelling on the second stand. The coverage refers to the size of the stand that can be covered by building infrastructure. You cannot apply for a relaxing or amendment of the coverage or FAR without a rezoning application. This is best done with the help of professional town planners. Added to these considerations is the fact that the building line – in addition to space to the back and side of the building on the property – must be considered. The building line is the area from the street that cannot be used for the erection of any structure other than a boundary fence or wall. This is a set distance from the street. The space to the side and rear is a distance relevant to the non-street-facing border lines. Here too, structure restrictions apply. It is possible to obtain relaxation on the building line and the side and rear space limits. We get the necessary information from your local municipality to determine whether we should apply for the relaxation of the mentioned limitations.
You may want to subdivide the property with the aim of erecting a double-storey dwelling on the second property. Here you have to consider the maximum height allowed for by the Town Planning Scheme.
Other Aspects to Consider
Many other factors must be considered with subdivision of property, including right of access for the one property over the other if both stands are not directly street-facing, servitudes for power lines or water channels, and more.
Our town-planning professionals are here to help with the application for subdivision of your property.