The following is intended as a broad outline of the processes and parties involved in the subdivision of a piece of land.

Note that from the outset the appointed town planners drive the process, which includes obtaining approved subdivision diagrams and the Council’s consent to the subdivision. The town planners then hand over to the conveyancing attorney who attends to the registration of the subdivision and the transfers flowing therefrom.

1. Preliminary process where the Town Planners co-ordinate events:

Application is launched to council for the subdivision of the existing property. From application to approval takes approximately six to eighteen months.

This process entails liaising with architects, land surveyors, the surveyor general as well as driving the approval of the subdivision process through the council to the point where;

a) Contributions for services have been paid by the developer; and

b) The various departments in the council (such as City Power, Water, Technical Services, Road Agency, Engineering Services) provide their written approvals and consent to the subdivision, usually subject to certain requirements and/or conditions.

Once the council’s written approval of the proposed subdivision and the surveyor general’s subdivisional diagrams have been obtained, the transfer process can be commenced with by the conveyancing attorney.

Note that in terms of the Spatial Land Use Management Act the council’s written consent to subdivision has an expiration date within which the rights to subdivision must be exercised, failing which a fresh consent to subdivision needs to be obtained.