Rezoning

Every property in Johannesburg is governed by a Town Planning Scheme that dictates how the land may be used, what may be built on it, and at what density. Rezoning is the formal legal process of amending that scheme to change the permitted use or development rights attached to your property. Whether you are a homeowner looking to operate a business, a developer seeking higher-density residential rights, or an investor converting an old house into offices, rezoning is the mechanism that makes it possible. At Eduard van der Linde & Associates, we have been guiding property owners through rezoning applications across Johannesburg and greater Gauteng since 1992.

What Rezoning Means in South African Law

Under the Spatial Planning and Land Use Management Act (SPLUMA) of 2013 and the City of Johannesburg’s Municipal Planning By-Law, every property falls within a particular zone in the applicable Town Planning Scheme. That zone determines permitted land uses, building coverage, floor area ratio (FAR), height restrictions, and parking requirements. When your intended use does not conform to the existing zoning, a rezoning application must be submitted to the municipality to amend the scheme.

The Johannesburg Town Planning Scheme, originally established in 1979, categorises land into zones such as Residential 1 (single dwelling houses), Residential 3 and Residential 4 (higher-density residential), Business (offices and shops), Industrial, and several others. Each zone carries a detailed set of development parameters. A successful rezoning application formally changes the zone designation recorded against your property, opening the door to new development possibilities.

Common Rezoning Scenarios

• Residential 1 to Business — Converting a house on a main road into offices or retail space. This is one of the most frequent applications we handle, particularly along Johannesburg’s busy arterial routes where commercial demand has overtaken residential character.
• Adding additional use rights — Obtaining business rights on a property that currently only permits residential use, enabling a mixed-use development or home-based commercial activity at a scale beyond what consent use allows.
• Densification from Residential 1 to Residential 3 or Residential 4 — Replacing a single dwelling with a block of flats or townhouse complex. Johannesburg’s Spatial Development Framework actively encourages densification along transit corridors and in identified nodes, making these applications strategically important for the city’s growth.
• Industrial to commercial or mixed-use — Repurposing older industrial land in areas such as Wynberg, Kew, or Strijdom Park where market demand has shifted.
• Special zoning for institutional or community uses — Schools, places of worship, retirement villages, and medical facilities often require specific zoning that differs from the underlying residential or business zone.

The Application Process

Rezoning follows a structured process mandated by SPLUMA and the municipal by-laws. Understanding each stage helps set realistic expectations:

1. Pre-application assessment — We conduct a thorough analysis of your property’s current zoning, title deed conditions, the Spatial Development Framework, and surrounding land uses to determine whether the proposed rezoning is viable and how best to motivate it.
2. Motivation report — We prepare a comprehensive written motivation that addresses planning merit, alignment with the municipal Spatial Development Framework, impact on surrounding properties, traffic implications, and infrastructure capacity. This document is the backbone of any successful application.
3. Submission and advertising — The application is lodged with the City of Johannesburg’s Development Management division. Public notification follows through notices in a local newspaper and on the property itself, giving neighbouring owners and interested parties an opportunity to comment.
4. Objection management — Should objections be received, we engage with objectors to understand their concerns and, where possible, negotiate conditions or design amendments that address legitimate issues without compromising the development objective.
5. Municipal Planning Tribunal — The application is presented to the Municipal Planning Tribunal (MPT), an independent body that evaluates the planning merits and makes a decision. We attend tribunal hearings to present and defend the application.
6. Approval and registration — Once approved, the rezoning is recorded in the Town Planning Scheme and, where applicable, conditions are noted against the title deed.

Timeframes

A straightforward rezoning application in the City of Johannesburg typically takes six to twelve months from submission to tribunal decision. More complex applications, or those attracting significant public objections, can take longer. Our experience with the municipal processes and personnel allows us to anticipate and address potential delays early.

What Makes a Strong Application

The strongest rezoning applications are those that demonstrate clear alignment with the Spatial Development Framework and the broader spatial vision for the area. An application that can show compatibility with surrounding land uses, adequate infrastructure and services capacity, acceptable traffic impact, and genuine planning merit stands the best chance of approval. Our three decades of experience in Johannesburg mean we understand what the Municipal Planning Tribunal expects and how to present a case that meets those expectations.

A well-motivated rezoning application does not merely describe what the applicant wants to do — it demonstrates why the proposed change makes sound planning sense for the property, the neighbourhood, and the city.

If you are considering a rezoning application for your property, or need to understand whether rezoning is the right route for your plans, contact us for a confidential initial assessment. We will give you a straightforward, honest opinion on your prospects and a clear outline of the process ahead.