Rezoning for Student Accommodation in South Africa: A Guide to Maximizing Potential

Student accommodation zoning

Student accommodation is a crucial aspect of ensuring a conducive learning environment for tertiary education students. In South Africa, the availability and quality of student housing have been significant concerns. To address this issue, developers and property owners can explore rezoning options to optimize the use of their properties for student accommodation. However, it is important to note that the specific regulations and requirements may vary depending on the municipality in which the property is located.

Understanding Zoning for Student Accommodation In South Africa, student accommodation can be developed on different land use zones, depending on the type of units or rooms being built and the municipality in which the investment is made. Let’s consider the example of two prominent municipalities to illustrate the variations:

  1. Tshwane Metropolitan Municipality: In this municipality, student accommodation can be built on a residential 1 property, as long as it is developed as a commune or backyard rooms. A commune refers to a building designed for residential purposes, housing no more than six individuals who share communal facilities such as a kitchen and lounge. It is worth mentioning that the owner or manager may reside on the same property in a separate caretaker’s flat. However, engaging in a home enterprise is prohibited in such occupancies.
  2. City of Johannesburg Metropolitan Municipality: Here, irrespective of the type of units you intend to build, rezoning may be mandatory for student accommodation. This means that regardless of whether you plan to develop a commune, backyard rooms, or dwelling units, you will need to go through the rezoning process.

Types of Student Accommodation land uses and zones

There are several options when it comes to student accommodation, including communes, backyard rooms, and dwelling units. Understanding the distinctions between these options can help developers determine the best approach for their projects:

  1. Commune: A commune is a building designed as a dwelling-house, accommodating no more than six non-family individuals for residential purposes. Residents share communal facilities such as a kitchen and lounge. However, it’s important to note that the owner or manager may reside in a separate caretaker’s flat on the same property. Operating a home enterprise within such premises is not permitted.
  2. Backyard Rooms: Backyard rooms, also known as boarding houses, consist of habitable rooms, possibly with a kitchenette and/or ablutions, which are rented out to individuals. Meals may be provided in a communal dining area, and a communal kitchen is available. The property may include a caretaker’s flat and other communal ancillary and subservient facilities exclusively for the residents.
  3. Dwelling Units: A dwelling units refers to a self-contained suite of rooms internally and mutually connected, consisting of habitable rooms, bathrooms, toilets, and no more than one kitchen. Generally, permission from the municipality is required for the purpose of residence by a single family, a single person, or two unmarried persons. Outbuildings that are ancillary and subservient to the dwelling unit, including home enterprises subject to Schedule 9, may be included.

Consent Use for Student Accommodation vs. Rezoning for Student Accommodation

When considering developing student accommodation, two primary options exist: consent use or rezoning. Each option has its own implications and considerations:

  1. Consent Use: Opting for consent use means adhering to the existing zoning regulations while making slight modifications to the property to accommodate student accommodation. In this case, the number of rooms will be limited, typically resulting in fewer units. Consent use primarily allows for single rooms and generally restricts construction to one-story buildings.
  2. Rezoning: Rezoning involves changing the existing land use zoning to permit the development of student accommodation. Rezoning provides more flexibility, allowing for increased units compared to consent use. This option enables developers to construct two-bedroom units, bachelor units, and potentially multiple-story buildings, depending on the specific regulations and requirements set by the municipality.

Benefits of Applying for land use rights

Land Use Permit Investing in the proper permits and complying with municipal by-laws for student accommodation can bring several advantages for developers and property owners:

  1. Compliance with Municipal Regulations: Applying for a student accommodation land use permit ensures that your development adheres to the relevant municipal by-laws and regulations. This not only demonstrates responsible and legal property management but also helps to create a safer and more secure environment for students.
  2. Increased Property Value: Developing your property for student accommodation and obtaining the necessary permits can significantly increase its market value. The demand for student housing is often high, and properties that are properly designed and equipped to meet the needs of students tend to be more attractive to potential buyers or investors.
  3. Access to Financing Opportunities: Having the appropriate permits and documentation for your student accommodation development can facilitate the financing process. Lenders, such as banks, are more likely to provide favorable terms and conditions when they are aware of the development plans and the potential returns associated with student housing.
  4. Eligibility for Government Support: South Africa’s National Student Financial Aid Scheme (NSFAS) plays a crucial role in supporting students’ access to education. By obtaining the necessary permits, your student accommodation may become eligible for NSFAS funding, allowing students to pay for their accommodation expenses through financial assistance.
  5. Legitimate and Comfortable Living Arrangements: By developing student accommodation within the framework of the law, you provide students with a secure and comfortable living environment. Properly designed communal spaces, amenities, and services contribute to a conducive atmosphere for studying, socializing, and personal growth.
  6. Potential for Higher Rental Income: Developing student accommodation with the necessary permits and offering quality living spaces can justify higher rental fees. Students and their families are often willing to pay a premium for safe and well-maintained accommodation that meets their needs, ensuring a positive return on investment for property owners.

Navigating the Complexities of Rezoning for Student Accommodation It is essential to engage with the relevant municipal authorities, planning departments, and professionals with expertise in zoning regulations to navigate the complexities of rezoning for student accommodation. They can guide you through the application process, help you understand the specific requirements of your municipality, and ensure compliance with all necessary regulations.

By considering the different types of student accommodation, understanding the distinctions between consent use and rezoning, and recognizing the benefits of obtaining the appropriate permits, developers and property owners can maximize the potential of their properties while providing much-needed quality housing options for South African students.

Land Development Application Processes in South Africa

Introduction to Land Development Application Processes

When it comes to town planning, land development applications are crucial to transforming ideas into reality. At 2020 Planning Group, we simplify this process for various projects in regions such as Tshwane Municipality, Pretoria, Johannesburg Municipality, and Ekurhuleni Municipality.

Types of Land Development Applications

Land development applications can range from smaller projects like guest houses, schools, and churches, to larger projects like shops, malls, and expansive developments. Regardless of the project size or type, every land development application undergoes a rigorous process to ensure compliance with local regulations and the best possible outcomes for the community.

Understanding the Land Development Application Process

The land development application process can be broken down into several key steps:

  1. Registration and Scanning of Application: This initial step involves formally registering the application with the relevant municipality and ensuring all documents are correctly logged into their system.
  2. Confirmation of Completeness: The application is reviewed to ensure all necessary information and documentation have been included.
  3. Circulation in Internal and External Departments: The application is distributed among various municipal departments for internal review and external entities when required.
  4. Evaluation and Consideration: The proposal is thoroughly evaluated, taking into account a range of factors including environmental impacts, community benefits, and alignment with local development plans.
  5. Decision Making by Council: The municipal council reviews the application and makes the final decision, considering the feedback from various departments and public input.

Post-Approval Steps and Finalization

Once the application is approved, several additional steps are required:

  1. Post Approval Compliance: The applicant must comply with all conditions set out in the approval letter from the municipality.
  2. Supplementary Application and Finalization: In some cases, additional applications may be required, such as rezoning or subdivision applications. These supplementary applications follow a similar process to the original land development application.
  3. Promulgation: The approved changes are formally declared in the provincial gazette.
  4. Site Development Plan Submission: A detailed site development plan is submitted to the municipality for approval, outlining the specifics of the proposed development.

Whether you’re planning a small guest house or a large shopping mall, the 2020 Planning Group is here to guide you through the land development application process in South Africa.

Regional Planning: Town and Regional Planning

Field of town and regional planning in South Africa

We delve into the field of town and regional planning, focusing on the planning, design, implementation, and management of public interventions to foster sustainable development and promote equity. Our aim is to showcase the crucial role of town and regional planners in rectifying spatial imbalances, improving living environments, and generating innovative solutions.

Why urban planning

  1. The Significance of Town and Regional Planning:
    • Town and regional planning aims to widen choices, promote equity, and ensure sustainable development across various scales, from local sites to supranational levels.
    • The profession seeks to generate viable alternatives to existing settlement patterns, addressing spatial and other imbalances in urban and rural areas.
    • With the current challenges in South Africa, town and regional planning plays a key role in improving underperforming living environments and rectifying spatial disparities.
  2. Qualities of an Ideal Town and Regional Planner:
    • Town and regional planners are creative problem solvers, offering innovative solutions to complex challenges.
    • They act as mediators, reconciling diverse viewpoints and facilitating collaborative decision-making processes.
    • Strategic thinking and effective management are essential skills, enabling planners to navigate complex projects successfully.
    • Planners must possess a strong sense of social and environmental justice and be committed to promoting human development, given the housing and social service backlogs in South Africa.
  3. Employment Opportunities in Town and Regional Planning:
    • Many town and regional planners work as private consultants for the public and private sectors.
    • They are employed by all three spheres of government, research agencies (such as CSIR and HSRC), non-governmental organizations, community-based organizations, major financial institutions, and property development groups.

Tshwane land use rights policy for farms and agricultural holdings

Policy on granting land use rights in farms and agricultural holdings

The policy on granting land use rights in farms and agricultural holdings was reviewed in 2022. Some of the most noticeable changes are; farms and AH can only be granted land use rights for a single use, Land use change to more than one use will or subdividing a farm portion to more than 10 plots will require a township establishment application.