G2 SURVEYS

How to subdivide your property in South Africa

9 December 2019

As with any investment, there are quite a few things you need to take into consideration before attempting to subdivide your property. Property owners can expect some benefits, usually of a financial nature, when a property subdivision is done correctly.

The process might seem daunting at first because of all the legislative considerations associated with property subdivision. But fear not! Call on the professional land surveyor. They eat subdivision legislation for breakfast.

Property subdivision is when one piece of land is divided into smaller pieces of land by a professional land surveyor. There are quite a few reasons why property owners would go through all the trouble of subdividing their property, but it is usually because of financial benefits. Some people subdivide to sell a part of their land while others subdivide for property development purposes. Some people even subdivide their property so they can evenly distribute their land amongst all their children in their will! Now that is fair parenting.

Whatever your motive and desired outcome, the correct steps must be taken, and relevant legislation must be followed to legally and effectively subdivide your property.

Step number one would be to get the help of a professional and licensed land surveyor. Be sure to do some research and get in touch with a reputable land survey company in South Africa to ensure a smooth property subdivision process.

What does the law say?

Many legal aspects need to be taken into consideration depending on the classification of the property. Property can be defined as commercial, agricultural and residential, to name a few, and each of these types of land have their own unique set of laws which regulates subdivision. To give you an example, the Minister of Agriculture needs to give his stamp of approval before any subdivision of farmland can commence.

There are also legislative variations based geological position of the land within South Africa. Mpumalanga’s laws might differ a bit from the subdivision legislation in the Western Cape.

With all these different rules and regulations, you quickly begin to understand why professional land survey services is an absolute must.

What is the process of subdividing your property?

Here is a scenario for you.

George and Mary are retired farmers from Bothaville. They love their farm and the last thing they want to do is to move to town and spend their golden years living in a pigeon coop, but the farm is large, and George still works quite hard to maintain the land even though he is retired.

So they decided to subdivide their property and sell off a portion. This way they can keep the home they love so much, and they can also take that trip around the world they have been dreaming about. Now that they have decided to subdivide their property, the following will have to happen:

  1. There are some costs associated with subdividing a property such as employing the relevant professionals involved in a property subdivision. George and Mary need to take all the costs into account to determine if subdividing their land is financially viable in the long term.
  2. Next, they will need to join forces with a licenced land surveyor. The land surveyor will create a subdivisional diagram of their property which will then be sent to the Chief Surveyor General to have it registered.
  3. After the land surveyor submits the diagram for registration a town planner takes care of the rest. This includes ensuring that all legislation and bylaws are met. The town planner is also there to offer George and Mary advice in the case of any restrictions with the subdivision.
  4. Once the town planner has concluded that all is fair and well, a conveyancer will be instructed to complete the rest of the documentation and finalise the transaction.

This process can be quite a drawn-out exercise so if you are considering a property subdivision make sure that you start on the right foot by getting the right people for the job.

Our land surveyors at G2 Surveys Mapping have plenty of experience and are eager to share their expertise.

 

You May Also Like…