The City of Cape Town has recently approved amendments to the Municipal Planning By-laws. These amendments were promulgated on 6 December 2019 and are effective from 3 February 2020. The amendments will allow for the construction of a third dwelling on a property that is zoned as Single Residential, and for short-term letting. Here is a summary of the main changes:

PERMISSION FOR A THIRD DWELLING

You might recall that a few years ago, the municipality gave us the right to build a second dwelling on a property that was zoned single residential. This permission has now been expanded to allow a third dwelling. This third dwelling will however only be allowed if there are enough municipal services in the area to support it. We believe that this will be determined when building plans are submitted for approval.

The change to the zoning regulations will however not create any automatic right to subdivide the erf, but once the additional dwelling is constructed it will be possible to register a sectional title scheme, if you wish to sell off any of the separate dwellings.

SHORT-TERM LETTING

A new provision will be enacted to allow for short-term letting from a house or flat for “transient guests”. These are guests staying for a period of 30 days or less. This amendment was influenced by the increase of online platforms such as Airbnb, and to promote small businesses. This is positive news for those of you who wanted to do short term letting but could not do so due to the municipal zoning restrictions.

Please note however that both of these changes to the zoning laws will not override the rules of a body corporate or a homeowners’ association, or restrictive conditions in a title deed. Accordingly, if any of these activities are prohibited by these rules or by restrictive title deed conditions, these prohibitions will continue to apply.

The 2020 Consolidated Municipal Planning By-law document containing all amendments which will be applicable from 3 February 2020 can be read or downloaded off of the City of Cape Town’s website.

Please contact us on info@miltons.law.za if you have any enquires regarding these amendments.

CHERYLEEN NAIDOO & DEON WELZ
MILTONS MATSEMELA
January 2020