THE IMPORTANCE OF ZONING LAWS

Although most people have heard of zones and zoning in relation to property, the average property buyer or owner has little – if any – clear knowledge of what the different zones are.  Furthermore, they don’t know when and if they should apply for any form of zoning or rezoning and how to go about the task.

Each municipality is empowered by the Spatial Planning and Land Use Management Act, Act 16 of 2013 to adopt a Land Use Management Scheme (“LUMS”). The LUMS must regulate how land can be used, developed and zoned within the municipal area to which it relates in order to promote economic growth, social inclusion, efficient land development and minimal impact on public health, the environment and natural resources. 

Zoning regulations categorise property into different zones i.e. Residential, Commercial, Industrial, Agricultural etc, each with specific rules regarding property use, building types and restrictions. Once your property is categorised you can only use it for the purpose in which it has been categorised under. If you want to use your property for any other purpose outside of its zoning, you are obligated by law to obtain approval from your local municipality. Approval can be obtained by lodging a formal application with your local municipality – however every local municipality has different zoning regulations.  Engage with the local municipality to conduct a zoning search to determine the current zoning classification and any associated restrictions and clarify any zoning related questions to confirm whether your intended use of the property is permissible under the current zoning laws of the relevant municipality. 

It is important to note that it is the statutory and moral duty of a municipality to enforce its LUMS against any person contravening same.  A municipality may apply to a court for an order interdicting any person from using land in contravention of its LUMS, authorising the demolition of any structure erected on land in contravention of its LUMS or directing any other appropriate or remedial measure.  Thus, a person who contravenes the LUMS may be liable to payment of a fine, imprisonment, demolition of unauthorised structure or a tariff increase in their Municipal rates.

At VSVN experienced property lawyers can assist you to navigate the legal hurdles that come with property zoning and rezoning applications and to guide you through the complexities of zoning laws.