A brief look at the conditions for township establishment

If a property owner would like to establish a township, the below procedure can give guidance when it comes to dealing with Town Councils. It will always be necessary to consult with a Town Planner who can specialises in dealing with this process:

Building and renovation regulations

1) The owner must get consent to establish a township from the council/local authority in whose jurisdiction the property is situated, in line with their conditions of township establishment. This entails the following:

  • The owner must apply to open a township, and their application must include plans for the township. 
  • The local authority will give notice of the application by publishing a notice to that effect, once a week for two consecutive weeks.
  • The application will then be forwarded to the relevant roads department, anyone providing engineering services, and any other local government department that may be an interested party.
  • These departments or bodies may comment in writing within 60 days.
  • Anyone may lodge an objection within 28 days of publication of the notice of application.
  •  All objections will be forwarded to the owner.
  • The local authority will then investigate the objections and, in certain instances, a tribunal will be called to adjudicate thereon. 
  •  Once all conditions have been met and the payment of any fees has been made, the council will issue a notice of approval.

2) Once the application has been approved, the owner has 12 months to register plans and diagrams with the Surveyor General.

3) Once these have been approved, the plans, diagrams, and proclamation notice must be lodged with the Registrar of Deeds within 12 months, together with an application for the opening of the township register and registration of the general plan. 

Follow Snymans on Facebook for more legal information, tips and news about property.

Recommended for you

Properties using borehole water must display a sign
Contractual Matters

A Crucial Victory for Water Rights[post_view before=""]

Agriculture is one of the most important sectors of the global economy, and it relies heavily on water resources for crop production. According to the Food and Agriculture Organization (FAO), agricultural water usage accounts for about 70% of the world’s freshwater withdrawals.

Read More
Your Trusted Partner in Residential and Commercial Property Transfers
Contractual Matters

The Agent’s Responsibility to the Tenant, Buyer and Seller When Selling a Property with a Tenant in It.[post_view before=""]

When selling a property with a tenant, the agent must disclose the tenant and lease agreement to the buyer to avoid disputes or the tenant becoming a squatter. The lease agreement takes precedence over the agreement of sale during its duration.

Read More
Your Trusted Partner in Residential and Commercial Property Transfers
Contractual Matters

The Validity of Wills – a Look at Formalities[post_view before=""]

A Testament/Will is a document where a person states their last wishes and what must happen with their estate after their death. If a person dies without leaving a Will, his/her estate will be administered in terms of the “Intestate Succession Act”. This Act provides for rules by which assets are distributed to relatives.

Read More
Curatorship - what does it mean to be put under curatorship?
Contractual Matters

Inheritance of surviving opposite sex life partners[post_view before=""]

In light of the recent development in Bwanya v Master of the High Court, opposite-sex life partners are now entitled to inherit in terms of the Intestate Succession Act, which was once a benefit exclusively awarded to partners in a same-sex life partnership.

Read More
Your Trusted Partner in Residential and Commercial Property Transfers
Contractual Matters

Platinum Property Enterprise (Pty) Ltd / McShane and The Registrar of Deeds (Case no: 11611/2022)[post_view before=""]

In this case, Platinum Property, the Purchaser, being a company, entered into an agreement of sale with the Seller, being a 93-year-old lady. Platinum took this seller to Court to stop her from transferring the property to another second Purchaser and further to order her to sign their transfer documents. The main issue before the Court was the issue of repudiation and the manner in which the Conveyancer dealt with the transaction.

Read More

Need more Snymans content?

Sign up for our monthly newsletter.

A brief look at the conditions for township establishment

If a property owner would like to establish a township, the below procedure can give guidance when it comes to dealing with Town Councils. It will always be necessary to consult with a Town Planner who can specialises in dealing with this process:

Building and renovation regulations

1) The owner must get consent to establish a township from the council/local authority in whose jurisdiction the property is situated, in line with their conditions of township establishment. This entails the following:

  • The owner must apply to open a township, and their application must include plans for the township. 
  • The local authority will give notice of the application by publishing a notice to that effect, once a week for two consecutive weeks.
  • The application will then be forwarded to the relevant roads department, anyone providing engineering services, and any other local government department that may be an interested party.
  • These departments or bodies may comment in writing within 60 days.
  • Anyone may lodge an objection within 28 days of publication of the notice of application.
  •  All objections will be forwarded to the owner.
  • The local authority will then investigate the objections and, in certain instances, a tribunal will be called to adjudicate thereon. 
  •  Once all conditions have been met and the payment of any fees has been made, the council will issue a notice of approval.

2) Once the application has been approved, the owner has 12 months to register plans and diagrams with the Surveyor General.

3) Once these have been approved, the plans, diagrams, and proclamation notice must be lodged with the Registrar of Deeds within 12 months, together with an application for the opening of the township register and registration of the general plan. 

Follow Snymans on Facebook for more legal information, tips and news about property.