Changes to planning bylaws

The recent widespread news media coverage on the amendments to Cape Town’s single residential property bylaws has, says Rowan Alexander, Director of Alexander Swart Property, often revealed serious misunderstandings among those commenting on them and those seeking to benefit from them.

“Much of the discussion related to the laws for buildings on Single Residential (SR1) erven has revealed serious misunderstandings.  Properties with a SR1 zoning fit into the Primary Uses category with usage rights that are inherent and automatic but are complemented by additional Consent Uses which can be applied for by the owner but will require the consent of the City Council and, often, the property’s neighbours as well."

Until now, says Alexander, consent had to be obtained from the City Council as well as the neighbouring owners of properties surrounding the property in question if the owner of that property wanted to erect a second dwelling. These applications proved costly and time consuming which discouraged owners from pursuing them.

Now, however, says Alexander, the home owner can erect a second dwelling on his property without the having to apply for the City and his/her neighbour's consent. He will still, of course, have to abide by the usual building regulations, e.g. in regard to erf coverage and setbacks from the boundaries and the street, but although the new ruling does not automatically allow the home owner to subdivide and/or to sell it off there is now no way the Council or the neighbours can prevent him from building a second home, even though he may never live in it himself.

“It is important to realise,” says Alexander, “that allowing a second dwelling on a single residential property is not a new concept.  There have for many years been ‘avenues’ by which it was possible to erect a second building on a single residential erf – but now the process has been simplified and made easier.”

Alexander says that the new SR1 rulings have come about because the Cape Town City Council, faced with a situation in which the urban areas are beginning to encroach on surrounding agricultural land and, in addition, a realization that that we now have an ongoing shortage of housing in the Greater Cape Town area, have opted for a densification strategy.  The decision to do this, he says, has been spurred on by the fact that most available resources for infrastructure development have recently had to be devoted to drought alleviation measures and this will be the position for several years to come.

Alexander says that those wanting to clarify what is and what is not allowed should contact him. He will put them in touch with a town planner and an attorney with in-depth experience in this process and if necessary can assist with sub-division and sectional titling of residential properties.  This, he adds, has in many cases enabled the home owner to improve the value of his assets very substantially.

For further information contact Rowan Alexander on cell phone number 082 581 3116 or by email rowan@asproperty.co.za.