Approach a Professional Land Surveyor or Town Planner to assist in the process of preparing a subdivision application.

The zoning scheme regulations determine the minimum erf size requirements and real rights for portions of land within the area of the scheme. Landsurveyor.co.za is based in South Africa in the Buffalo City Metropolitean Municipal area. In terms of the zoning scheme regulation applicable here Residential erven in suburbs such as Nahoon, Berea and Vincent are zoned Residential III Density Zone B with a minimum erf size requirement of 500m2. Suburbs such of Vincent Heights and Bunkers Hill are classified as Residential Zone III Density Zone C were the minimum erf size is 1200m2 and in areas of Amalinda and Haven hills with a Density Zone A the minimum erf size is 300m2. If your property is equal to or greater than double the minimum prescribed area then subdivision is possible. The position of an existing dwelling on the property is however an important factor to take into consideration.

The title deed of your property will have reference to its extent. If your property has a mortgage then  the bank or lending institution will hold your original deed as security but a copy can be obtained from them. Each land parcel is also depicted on a survey diagram or general plan and these documents ( available from the Surveyor Generals office or your local Professional Land Surveyor )will show the extent and dimensions of the property boundaries.

Your local Professional land surveyor will be able to assist you with these conversions. To convert cape feet to metres you multiply by a conversion factor of 0.31485557516. Some web pages have conversion calculators that might be of assistance and you could try an internet search or AI query to get the answers you require.

No. The restrictive condition will however have to be removed from the title deed and this procedure involves additional administrative costs and generally creates additional delays in getting subdivision approval.

The buildings can be free standing and if there are garages they could also be assigned as part of the section or as separate sections. Ownership can be assigned to the garages even if they are not in close proximity to the dwelling units. At least two sections are required to create a sectional title scheme.

An advantage of sectional title is that the onus is on the land surveyor to certify that the buildings are in accordance with the building plans and zoning scheme regulations. If the buildings comply with all building line, title deed and zoning scheme requirements then the scheme need not be referred to the authorities for approval. Under normal circumstances a sectional title scheme can be implemented far sooner than is the case with subdivisions.

Yes, sectional title would probably be possible and enable you to dispose of the second dwelling. The merits of each situation would however first have to be investigated on site to ensure the zoning scheme requirements are complied with.

The town planning zoning scheme regulations for the area need to be checked to see if converting a second dwelling to sectional title is permitted. A Professional Land Surveyor can assist with the investigation and provide a quote to attend to the sectional title survey. A copy of the property title deed , and municipal approved building plans would be required. Please bear in mind that the entire property becomes subject to a sectional title scheme and the existing dwelling as well as the second dwelling become sections in the scheme. Please bear in mind that the entire property becomes subject to a sectional title scheme and the existing dwelling as well as the second dwelling become sections in the scheme.

You need to have revised building plans drawn up and approved showing the division of the existing house into two dwellings. Only one access is permitted per erf.

Only the main dwelling and a second dwelling. You could possibly subdivide a property of this nature into 4 X 500 square metre plots and then build and sectionalise two dwellings on each plot. Total 8 Units.

No, provided you have approved building plans and all the building lines and zoning scheme regulations have been adhered to.

No, provided you have approved building plans and all the building lines and zoning scheme regulations have been adhered to.

The zoning scheme regulations for most areas would not permit more than one street access.  Generally for a corner site you may have one access per street frontage.

No. You need a minimum of two buildings or sections on the property in order to create the scheme.

The zoning scheme regulations would specify that sectional title of the main and second dwelling shall be permitted. Both buildings must exist and be represented on approved building plans as two dwellings (not as an outbuilding) before the buildings can be converted to sectional title.

The financing of projects is not my specialty but an option to explore depending on the zoning scheme regulations for the area could be as follows: The minimum building size of a second dwelling is 35 square metres. (that is equivalent in size to a double garage). The purchaser could design their dream home on your property in such a way that the first phase comprises a 35 square metre unit. The building plans could be approved showing the phased construction of the second dwelling. Some arrangement would have to be made to obtain bridging finance to build the first phase. When the first phase has been built the purchaser could take transfer of that unit and at the same time acquire the real right to extend the scheme. The purchaser has then acquired an asset and can look to the financial institutions to fund the extensions.

1. Appoint a land surveyor to attend to the preparation of the sectional title plans. Only professional land surveyors with the required sectional title qualifications are authorised to prepare the block plan of a sectional title scheme. Landsurveyor.co.za would require a copy of the approved building plans and title deed of the property in order to advise on the cost implications and timing of the process. The project requirements are then assessed to determine the developers needs as regards exclusive use areas and the division of the units. If there are restrictive conditions in the title deed then the procedures to have them removed are immediately initiated. A typical example is that the title deed might stipulate that only one dwelling be permitted on the erf or onerous building lines requirements might have been transgressed.
   
2. Appoint a conveyancing attorney to assist with the registration of the sectional title scheme. The conveyancer has to prepare a schedule setting out the servitudes and conditions of title burdening or benefiting the land. The Sectional Title Act also has certain requirements that the developer has to comply with when the units are occupied by lessees. The conveyancer normally assists in preparing the various notices to the tenants and a report is also required from an architect or engineer on the general physical condition of the buildings.
   
3. On completion of the sectional title plans the required legal documentation are forwarded to the Surveyor General for examination.
   
4. When approved by the Surveyor General the documents are handed to the conveyancing attorney to register the scheme and transfer the units.
   
   

Rezoning would not be required as already mentioned the onus is on the land surveyor to certify that the buildings are in accordance with approved building plans and the zoning scheme. In the revised zoning scheme the panhandles providing access to more than one unit shall have a minimum width of 6,00m and in the old zoning scheme the minimum width was 4,00m. If your property has a 4,00m wide panhandle and the building plans were approved using the old zoning scheme then we would have to apply for a departure from the zoning scheme to permit the sectional title of the units having a reduced panhandle width.