Can I subdivide my property? How to subdivide property in Johannesburg

A big garden, a long driveway, a second gate onto a side street: plenty of Johannesburg owners look at their stand and wonder, "can I subdivide my property?" Sometimes the answer is a straightforward yes. Often it is "yes, but", and occasionally it is no for a reason that was sitting in the title deed all along.

This guide covers how to test whether a subdivision of land is possible before you spend money on it, and then how to subdivide property once you know it is.

What subdivision is

Subdivision divides one registered erf into two or more portions, each of which becomes a separate property with its own title deed. The original erf becomes, for example, "Portion 1 of Erf 1234" and "the Remaining Extent of Erf 1234".

It is different from:

• a second dwelling, where two homes share one erf and one title. See second dwellings and granny flat rules;
• a sectional title scheme, where units are owned separately but the land is common property. See freehold versus sectional title.

Subdivision is the route when you want two independent freehold properties.

A subdivision assessment in six tests

Run these in order. Failing an early one saves you the cost of the later ones.

Test 1: Minimum erf size and density

The land use scheme controls how small an erf may be, either through a minimum erf size or through a density expressed as one dwelling per so many square metres. Both new portions normally have to comply.

If the minimum for your area is 1,000 m², a 2,400 m² erf is a candidate for two portions and a 1,800 m² erf is not — unless you also apply to change the density.

Find your erf's registered size with an erf size lookup and its zoning with a zoning check.

Test 2: Shape and access

Every portion needs lawful access to a public street. The usual solutions are:

• direct frontage, on a corner or a double-fronted erf;
• a panhandle — a strip of land forming the back portion's driveway;
• a servitude of right of way over the front portion.

Panhandles have minimum widths, and that width comes out of the front portion. A narrow erf may be big enough in area but too narrow to give the back portion access.

Test 3: Where the existing house sits

The existing house and outbuildings need to end up wholly on one portion, clear of the new boundary and its building lines. A house sitting in the middle of the stand is the commonest reason a generous erf cannot be divided without demolishing something.

Test 4: The title deed

Restrictive conditions in the title deed may prohibit subdivision outright or limit the erf to one dwelling. These have to be removed before or together with the subdivision. See title conditions.

Test 5: Servitudes and physical constraints

A sewer servitude through the middle of the proposed new portion, or a floodline across the back of the erf, can leave a portion that complies on paper but cannot be built on. See survey diagrams and servitudes and floodline checks.

Test 6: Services

Each portion needs its own water, sewer and electricity connection. Capacity in the street, the route of a new sewer connection, and the contributions payable for the additional portion all need answers.

Pass all six and you have a viable candidate.

How to subdivide property: the process

1. Appoint a town planner and a land surveyor

The planner prepares and manages the application. The surveyor prepares the subdivision plan and, after approval, the survey diagrams.

2. Prepare the application

A typical subdivision application includes the forms, the title deed and existing diagram, a motivation, a plan showing the proposed portions with their areas and dimensions, access arrangements, existing buildings and services, and any related applications such as removal of title conditions.

3. Submit to the municipality

The application is lodged and the fee paid. Depending on the by-law and the nature of the application, neighbours may need to be notified.

4. Circulation and decision

Departments comment — particularly roads, water, sewer and electricity. The municipality approves with conditions or refuses.

5. Meet the conditions

Conditions commonly include paying engineering services contributions for the new portion, providing or paying for open space, installing service connections, and registering servitudes.

6. Survey and approval of diagrams

The land surveyor surveys the new portions and lodges diagrams for approval by the Surveyor-General. See SG diagram search.

7. Registration

A conveyancer registers the subdivision in the deeds registry, usually together with the transfer of a portion to a buyer. Only at registration do the separate properties legally exist.

The outline is also covered in subdividing a Johannesburg erf.

How long and how much

A simple subdivision that complies with the scheme can be completed within some months; one that needs a density change or removal of title conditions takes considerably longer. Costs are set out in subdivision cost.

Subdivision Johannesburg: what helps and what hinders

Helps: corner and double-frontage erven; areas where the City's policy supports densification; a house positioned to one side; streets where neighbours have already subdivided.

Hinders: estates and townships with strict title conditions; narrow erven; a house in the middle; limited sewer capacity; heritage considerations in older suburbs.

A quick way to screen an erf

On checkproperty.co.za you can look up the erf, see its boundary and registered size on the map, check the zoning and the building lines, and see the title deed reference and servitudes. Where the rules for the zone have been verified, the Development potential report includes a subdivision assessment. Use it to decide whether the idea deserves a planner's time.

Frequently asked questions

Can I sell a portion before the subdivision is registered? You can sign an agreement that is conditional on approval and registration, but transfer cannot happen until the portion exists.

Do I need my bank's consent? If the property is bonded, the bondholder must consent, because its security is changing.

Can a subdivision approval lapse? Approvals generally must be registered within a set period.

The bottom line

Whether you can subdivide depends on minimum erf size, access, the position of the house, the title deed, servitudes and services — in that order. Test all six before you spend on an application.

Check your erf to start the assessment.

This is general information, not town-planning or legal advice. Subdivision requirements are set by the municipality; consult a registered town planner and a professional land surveyor.