Land use scheme Johannesburg: a plain guide to permitted land use and land use rights

Behind every zoning label in the city is one document: the land use scheme for Johannesburg. It is the rulebook that says what each erf may be used for and how it may be developed. Anyone who has asked "am I allowed to do this on my property?" has, knowingly or not, asked a question about the scheme.

This guide explains how the scheme is put together, what permitted land use means, and how to carry out a land use rights search for a specific property.

From town planning schemes to a land use scheme

For decades, land use in the Johannesburg area was controlled by a number of separate town planning schemes, one for each of the municipalities that existed at the time. People still search for "town planning scheme Johannesburg", and older documents still refer to those schemes by name.

National planning law — the Spatial Planning and Land Use Management Act, known as SPLUMA — now requires each municipality to have a single land use scheme covering its whole area. The City of Johannesburg's land use scheme is that document. It works together with the City's municipal planning by-law, which sets out how applications are made and decided.

For a property owner, the practical consequences are:

• one set of zone definitions now applies across the city;
• rights that were lawfully approved under a former scheme were carried forward;
• older paperwork may use old scheme names and zone names, which need to be read against the current scheme.

More background is in what a town planning scheme controls.

The two parts of a land use scheme

The clauses. The written part defines every term, sets out the use zones, and specifies the development controls and procedures.

The maps. The scheme maps assign a zone to each erf. This is what a zoning map shows.

To know your rights you need both: the map tells you which zone the erf is in, and the clauses tell you what that zone means.

What "permitted land use" means

For each zone, the scheme sorts land uses into categories.

Primary rights. Uses allowed as of right. You do not need planning permission for the use itself, although building plans are still required.

Consent uses. Uses that may be allowed if the municipality gives its consent, after an application and usually after neighbours have been notified. See consent use applications.

Uses not permitted. Anything else. To do it lawfully you must rezone.

Schemes also provide for a few things that sit alongside the main categories, such as home enterprises conducted from a dwelling, within stated limits.

So "permitted land use" is a precise idea. It means the uses listed for the erf's zone, read with the scheme's definitions, and subject to any conditions that apply to that erf.

Development controls

Use is half of the scheme. The other half is how much you may build:

• density — dwelling units per hectare, or one dwelling per erf of a minimum size;
• coverage — the proportion of the erf under roof;
• floor area ratio — total floor area relative to erf size;
• height — usually in storeys;
• building lines — setbacks from boundaries;
• parking — spaces required for each use.

These are explained in floor area ratio, coverage and height restrictions and building lines.

How to do a land use rights search

A land use rights search for one property works through several layers. Miss a layer and you can reach the wrong conclusion.

1. Identify the erf. Get the erf number and township from the address. See erf number lookup.
2. Find the zoning. Do a zoning check.
3. Read the zone in the scheme. Which uses are primary, which need consent.
4. Find the controls that apply to the erf. Density, height and building lines often depend on where the erf is.
5. Check for erf-specific rights. A past rezoning or consent may have added conditions.
6. Check the title deed. Restrictive conditions can override what the scheme would allow. See title conditions.
7. Check physical constraints. Servitudes, floodlines and ground conditions.

checkproperty.co.za brings the first several layers together. The property report shows the zoning for the erf, and the Development potential report adds the density, height and parking zones, building lines, the planning framework guideline for the area, the title deed reference and servitudes, and — where the rules for the zone have been verified — permitted uses and coverage. What each report includes is on the pricing page.

Scheme versus policy

One distinction saves a lot of confusion.

The land use scheme gives rights. If the scheme says you may, you may.

Spatial planning policy — the City's spatial development framework and the more detailed frameworks for particular areas — gives direction. It says where the City wants to see growth, higher density and mixed use, and where it does not. Policy does not give you rights, but it strongly influences whether an application for new rights will be approved.

When assessing development potential, read both. The scheme tells you what you have. The policy tells you what you might be able to get. See densification in Johannesburg.

Where to get town planning information

For most people, town planning information about a property comes from three places:

• an online check, to screen the property quickly;
• a zoning certificate from the municipality, for the formal position;
• a registered town planner, for interpretation and for any application.

Use them in that order. The online check tells you whether the property is worth the next step.

Frequently asked questions

Is the land use scheme the same as zoning? Zoning is what the scheme assigns to each erf. The scheme is the whole rulebook.

Do old town planning scheme rights still count? Rights lawfully approved under a former scheme were carried into the current one. How they translate is a question for a town planner.

Can the scheme change? Yes. Schemes are reviewed and amended, and individual erven change through rezoning.

The bottom line

The land use scheme is where land use rights in Johannesburg come from. Find the erf's zone, read what that zone permits, check the controls and conditions specific to the erf, and check the title deed before you rely on any of it.

Search a property to start a land use rights search.

This is general information, not town-planning or legal advice. Confirm land use rights with the municipality or a registered town planner.