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Published on 22 Feb 2023
Development has precipitated an ongoing transformation of Johannesburg’s property landscape and, with the significant shifts we’ve seen in both the residential and commercial components in recent years, a thorough understanding of zoning and land use regulations is now key to reaping maximum returns in this dynamic market.
And, because rezoning a property is a time-consuming process involving reams of documentation and legalities, it can cause costly delays if applied for after the purchase of a property.
Zoning is therefore often as important a factor as location when buying property and the aim should be to purchase a property with approved zoning already in place, especially if major renovation or conversion is planned.
However, when such properties do come onto the market they are often quickly snapped up, especially in sought-after nodes, so investors must be able to immediately recognise the value and potential or they risk missing out on prime opportunities.
Although one doesn’t need a degree in town planning, it is essential to be familiar with the three factors that determine the restrictions of buildings to be constructed; namely coverage, F.A.R and density.
Coverage refers to the maximum area of land on which one is permitted to build; floor area ratio (F.A.R) is the maximum floor area under roof that is allowed; and density is the number of dwellings permitted per 10 000m².
Grahame Diedericks, Manager Principal in Midrand where development has been the order of the day in recent years, says:“
RESIDENTIAL ZONING
When it comes to residential zoning, most of us have simply assumed that these properties fall under two categories: sectional title and freehold. And, until recently, that was really all anyone needed to know.
However, this is no longer that case and these days it quite literally pays to be aware of the sub-categories and to understand their applications and regulations.
Residential 1: This density stipulation allows for only one dwelling per erf; normally a house with a permitted coverage/footprint of 40% of the total erf size, including outbuildings and garages.
Residential 2: This category allows for a density of between 10 and 20 dwellings per 10 000m² and it is therefore the preferred zoning for cluster or townhouse developments.
Residential 3: This category is well suited to secure estates and larger cluster complexes as it allows for a density of between 21 and 40 dwellings per 10 000m².
Residential 4: With a density allowance of between 41 and 120 dwellings per 10 000m², this therefore is most commonly applied for zoning when constructing blocks of flats.
In recent years, residential zoning has become more complex with the growing prevalence of mixed-use nodes and properties with business rights in these areas are highly sought-after.
However, for commercial and residential components to harmoniously co-exist in these suburbs, it’s critical that the zoning stipulations are strictly adhered to by developers, landlords and business owners
And if you are considering purchasing land or property for business purposes that will require rezoning it’s a good idea to check the perimeter of the area to determine where the business district meets the residential neighbourhood.
BUSINESS/COMMERCIAL ZONING
Business 1: This category applies to multiple general business spaces (often retail) in the form of shopping centres or malls and it’s largely unrestricted in terms of what type of offerings/tenants the developer invites or accepts.
Business 2: Also pertaining to shopping centres, but with certain restrictions which usually apply to the property’s immediate surroundings. For instance, there may be a restriction on opening a bottle store if the centre is adjacent to a school or a child-friendly venues.
Business 3: A stricter zoning which doesn’t permit a wider variety of businesses to open and operate in the centre, for instance, a medical centre.
Business 4: This zoning provides for office use (with or without residential use) and is typified by the growing number of office parks that one sees in cities today.
It’s important to remember that the availability of parking can also affect the type of commercial zoning that is permitted and there might be rules regarding the proximity of certain types of businesses to others.
INDUSTRIAL ZONING
Unlike residential, business or commercial zoning, 70% of coverage is typically allowed for industrial zoning.
Industrial 1: This category includes standard factories, warehouses or storage depots.
Industrial 2: This zoning is specifically for operations which are likely to produce noxious and/or unpleasant odours and emissions, such as abattoirs, glue works and foundries.
Industrial 3: This zoning provides for specific applications such as specialist workshops or mini-factories.
It’s worth remembering that, although zoning stipulations are strictly regulated, it is also possible to apply to combine zoning designations to create a combination-use zone that is suited to the unique needs of a community or special project.
A final word of advice: unless your application is very straightforward and your project requires no special consideration, it’s risky to try and save a few bucks by doing the application yourself.
Rather appoint a specialist who is familiar with all aspects and potential pitfalls of the lengthy procedure as well as all the relevant departments and officials. The advantages far outweigh the cost.
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