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Take note of that notice on your neighbour's property!


The most common of these procedures that the owner of a typical residential erf in a Johannesburg suburb will encounter, are the following:
• An application for the amendment of the Town Planning Scheme conditions applicable to a particular property – commonly referred to as “rezoning”.
• An application for the subdivision of a property.
• An application for the removal of restrictive title conditions.

The above applications all have different prescribed procedures and requirements in terms of the relevant legislation as far as advertising is concerned.

Rezonings are done in terms of the provisions of the Town Planning and Townships Ordinance, 15 of 1986.

Subdivisions are done either in terms of the provisions of the particular Town Planning Scheme – if the particular “density clause” applicable to the site allows such subdivision, or it can follow a “rezoning” procedure. (In the event of a subdivision subsequent to a rezoning procedure, no further advertising will be required. The advertising of the prerequisite rezoning to make provision for higher density and subdivision is deemed to be adequate.) Subdivision applications in Linden are done in terms of the provisions of the Johannesburg Town Planning Scheme and there is an advertising procedure. In the case of Linden Extension (or other suburbs also falling outside the Johannesburg Town Planning Scheme area), a subdivision application more than likely follows a rezoning – thus no further advertising will be required.

Removal of Title Restrictions are done in terms of the provisions of the Gauteng Removal of Restrictions Act, 3 of 1996.

The applications are submitted in a prescribed manner to the Local Authority (City of Johannesburg), upon which the City will circulate copies of an application to their internal departments, as well as to a list of official external bodies as applicable in each case. In addition, the applicant (or his appointed agent) needs to advertise his application in the following manner:

In the case of a Rezoning:
  • A notice – for two consecutive weeks – in the Official Gazette.
  • A notice – for two consecutive weeks – in two local newspapers - in the sections for Legal Notices.
  • A site notice to be erected on the property boundary.
In the case of a subdivision in terms of the provisions of the Johannesburg Town Planning Scheme:
  • A site notice to be erected on the property boundary.
  • Notification by registered mail to the owners of the properties adjoining the application site; i.e properties with a common boundary, including the properties across the street as if the street reserve does not exist.
In the case of a Removal of Restrictions application:
  • A notice – for two consecutive weeks – in the Official Gazette.   
  • A notice – for two consecutive weeks – in two local newspapers - in the sections for Legal Notices.     
  • A site notice to be erected on the property boundary.
  • Notification by registered mail to the owners of the properties adjoining the application site; i.e properties with a common boundary, including the properties across the street as if the street reserve does not exist.

 The commencement date of the above notices must coincide (the same week) and must be specific as to the expiry date for the submission of comments or objections. These notices must provide basic information as to the relevant property and the intended rezoning, must supply information as to the availability of more detailed information and invite comments and/or objections to be submitted (in writing and to a specific address) within the particular objection period.

If you do not submit your comments/objections/reservation during the particular objection period, you have missed out entirely. There is no second chance.

Therefore, if you see a notice on the boundary of a property in your neighbourhood, do not ignore it. If you receive notice of registered mail, do not ignore it. Act immediately, or you may have to "forever hold your tongue!"

This article was contributed by Eduard van der Linde, a town planner in private practice. You can contact him on 011 782 2348 or eduard@thetownplanner.co.za.


Published in: Linprop news

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