Subdivision and Division of Agricultural Land Application in South Africa

Welcome to our in-depth guide on the division of agricultural land in South Africa in terms of subdivision of agricultural land act. The process of dividing farmland into multiple portions is a sensitive undertaking, requiring strict adherence to relevant legislation and liaising with various authorities. With this guide, we aim to simplify this complex process for you, providing valuable insights and a step-by-step walkthrough to ensure successful farmland division.

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Decoding the Concept of agricultural land subdivision in South Africa

  • The subdivision of agricultural land essentially involves partitioning agricultural land into two or more distinct parcels.
  • Agricultural land holds significant economic value in South Africa. Hence, its division and use are subject to strict regulations.
  • Certain exceptions might be applicable when agricultural land, situated within urban boundaries, no longer serves agricultural purposes.

The Intricacies of the Farm land Division Process

  • Navigating the farmland division process requires a thorough understanding of the procedures and regulations involved. Here’s a simplified breakdown of the steps:
    1. Engage Professional Help: Connect with a qualified town planner to aid you in the application process. Their expertise will ensure a smooth and compliant application process.
    2. Submit Your Application: Lodge the division application with the local municipality. This submission must comply with the Agricultural Land Act of 1970 and the Land Act Repeal Act of 1998.
    3. Await Reviews: The national and provincial departments of agriculture may review the application to ensure the proposed division aligns with the broader agricultural strategies and policies.
    4. Amend the SG Diagram: Upon approval from the local municipality, a land surveyor will submit an application to the Surveyor General’s office to modify the SG Diagram. This diagram visually represents the proposed new parcels of land.
    5. Register the New Title Deeds: After the new SG Diagram has been approved, a conveyancing attorney will finalize the process by registering the new title deeds with the Deeds Office.

In addition to the above, it's also crucial to understand the potential impact of subdivision of agricultural land on the environment, local community, and the agricultural sector itself. Being well-informed will help you make decisions that are beneficial for all stakeholders.

Stay tuned for more updates and comprehensive guides on land development processes in South Africa.

Steps for division of farmland into two or more portions

Welcome to the 2020 Planning Group. We are a comprehensive consultancy that specializes in providing expert advice and assistance for property development. This includes the subdivision or division of farm land into two or more portions in South Africa, a complex process requiring the careful navigation of legal requirements, zoning regulations, and municipal bylaws. Here, we present a step-by-step guide outlining the entire process.

Step 1: Document sourcing

  • Copy of title deed
  • Power of Attorney
  • Copy of Zoning Certificate
  • Company Certificate (Properties under company)
  • ID Copy (Properties under People/person)

Step 2: Pre application consultations

  • Confirm if municipality will support proposed development check availability of infrastructure: water, electricity, sewer and more Servitude that might be registered against property
  • Verification and analysis of all the potential title condition.
  • Verification of the property and extents Any additional studies the municipality might require

Step 3: Preparation of application

  • Site visit assessment
  • Engagement with Municipality
  • Motivation memorandum, Land use map, Site Development Plan
  • Development controls, Annexure map, Application forms, Other attachments

Step 4: Submission of the application

  • Printing of application (5 copies), Application submitted to the Municipality
  • Application scanned onto Municipality online system
  • The Municipality circulates application for comments Application submitted external departments

Step 5: Public participation

  • Notices are compiled by our offices Notices (local language and English)
  • Provincial gazette Notices (local language and English)
  • Newspaper Notice boards (local language and English)
  • Site and should be maintained for a period of at least fourteen (14) consecutive days Notice by registered post to neighbors
  • Submitted in person with register Photographs are taken of the notice boards on site
  • An affidavit is completed as confirmation that the notice boards were erected and maintained on site
  • Proof of advertisements are sent to the Municipality

Step 6: Following up on application

  • Follow up on comments and status of application on a regular basis Corresponding with various departments
  • Meetings with other involved professionals (engineers, environmental, surveyors) Follow ups with external departments

Step 7: Engaging interested and affected parties

  • Arrange meetings with neighbors and departments Resolve objections and attend to negative comments Tribunal Hearings

Step 8: Finalization of application

  • Client fulfill all pre approval conditions
  • City Planning Department prepares the necessary approval documents
  • Client adheres to all post-approval conditions stipulated by the Municipality in the official approval letter

Step 9: Land Surveyor Sketch Submission

  • Our land surveyor will submit sketch to SG office
  • Approved SG diagram will be sent to client