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

The difference between movable and immovable property
Contractual Matters

What happens if a mistake is made during the transfer of a property?[post_view before=""]

It’s an unfortunate reality that mistakes do sometimes occur in deeds and documents during the transfer process. Fortunately, however, the Deeds Registries Act makes provision for mistakes of this nature to be rectified.

Read More
What Happens To The Ownership Of My Property When I Get Married
Contractual Matters

Customary marriages and ownership of immovable property[post_view before=""]

Recognition of customary marriages in South Africa has undergone several shifts over the years through the implementation of new legislation. This has impacted not only the legal status of the parties to a customary marriage but also their ownership of and rights to matrimonial property.

Read More
My name has changed - what happens to my property’s title deed?
Contractual Matters

Rules Board Regulates Non-litigious Fees[post_view before=""]

The introduction of the Legal Practice Act 28 of 2014 has led to several changes in the juridical space, including one related to non-litigious fees – fees charged by attorneys for services that do not constitute litigation and are not finalised in court.

Read More
My name has changed - what happens to my property’s title deed?
Contractual Matters

Corporate actions and resolutions[post_view before=""]

In South Africa, the business and affairs of a company must be managed by its board of directors. As such, the board is responsible for the daily corporate and commercial affairs of the company.

Read More
Minors and immovable property
Contractual Matters

Defunct Homeowners Associations and Consents to Transfer[post_view before=""]

Title deeds of cluster developments commonly contain a condition which states that alienation or transfer of a property by the owner is not allowed unless consent from the Homeowners Association (HOA) is provided. Usually inserted by the relevant local authority when approving the cluster development, this type of condition also confirms that all subsequent owners of the property automatically become members of the HOA.

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.