Be a better agent: know your zoning

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“Rezoning often occurs when an investor is looking to make a profit. It means that residential dwellings can be converted into commercial properties or that residential land can be used to develop cluster housing”

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Says Charlotte Vermaak, principal of Chas Everitt Nelson Mandela Bay: “Your clients should be aware of any restrictions beforehand as they may not use property for purposes other than that for which it is zoned. In some instances, local authorities may allow owners to use a small percentage of their houses for business purposes. This normally is restricted to 20%.”

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Applications should be made to the local authority if a client intends to change a premise’s use. The process can be tedious, complex and expensive. To avoid complications, an experienced attorney or town planner should be able to guide you and your client. Vermaak suggests that, if your buyer is intent on rezoning, he or she stipulates in the Offer to Purchase that the offer is subject to approval or consent to use the property in a specific manner. He or she should stipulate who should carry the cost of the application.

Types of zoning: residential

Residential 1 stipulates that properties can have one dwelling per stand or erf. Coverage is 40%, which is perfect for residential dwellings. For example, on a 1,000m² erf you could build a dwelling covering up to 400m² including garages and outbuildings.

Residential 2 can have a density of between 10 and 20 dwellings per hectare, ideal for cluster housing or townhouse complexes.

Residential 3 permits between 21 and 40 dwellings per hectare, perfect for cluster housing or townhouse complexes.

Residential 4 allows for a density of between 41 and 120 dwellings per hectare, for construction of blocks of flats.

Types of zoning: business

Business 1 refers to general business in the form of shopping centres. This is mostly unrestricted, which means the developer or owner would be allowed to have almost any type of shop on the premises.

Business 2 refers to shopping centres with certain restricted businesses. Bottle stores or pet shops are two examples.

Business 3 means stricter zoning is in place. A wider variety of businesses will not be allowed to open in the mall.

Business 4 does not involve shopping centres at all and makes provision for office use (such as office parks).

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