Town Planners

eThekwini Metropolitan Municipality

Agricultural-land subdivision in Durban

Subdivision of agricultural land, including national agricultural approvals.

Who decides

Agricultural-land subdivision matters for property in Durban and surrounding areas are dealt with by eThekwini Metropolitan Municipality, in KwaZulu-Natal. As a metropolitan municipality it has no district council above it.

MunicipalityeThekwini Metropolitan Municipality (metropolitan)
ProvinceKwaZulu-Natal
Land-use schemeeThekwini land use schemes and sub-schemes, unconfirmed

Local requirements

The aim of agricultural-land subdivision is to subdivision of agricultural land, including national agricultural approvals. Common situations in KwaZulu-Natal towns such as Durban include: you want to divide a farm between family members.

Areas covered by eThekwini Metropolitan Municipality include Durban, eThekwini, Pinetown, Umhlanga.

In eThekwini, these applications are governed by the eThekwini Planning and Land Use Management By-law, 2016, read with SPLUMA (2013) and the eThekwini land use schemes and their sub-schemes. Depending on the category of application, the decision is taken by an authorised official or the Municipal Planning Tribunal, with appeals to the City's appeal authority. Fees, required documents and timeframes are set by eThekwini and change from time to time, so they are confirmed for each matter.

When you may need it

  • You want to divide a farm between family members
  • Part of a farm is to be sold or used for a non-agricultural purpose

The broad process

  • Feasibility and status review
  • Agricultural and municipal applications
  • Survey and registration once approved

Documents commonly required

  • Copy of the title deed (later stage, not at enquiry)
  • Surveyor-General diagram or general plan
  • Zoning certificate or current land-use information
  • Power of attorney and owner consent where applicable
  • Agricultural potential information where requested

What affects cost

  • Professional planning fees for preparation and motivation
  • Municipal application fees set by the relevant municipality
  • Advertising and notice costs where public participation is required
  • Specialist reports (for example traffic, engineering services or environmental)
  • Agricultural specialist and survey fees

Professional fees, municipal application fees, advertising and specialist costs are quoted separately for each matter. Timeframes depend on completeness, objections, specialist work and municipal processing.

Questions

Which municipality handles agricultural-land subdivision in Durban?

eThekwini Metropolitan Municipality in KwaZulu-Natal is the planning authority for Durban, eThekwini, Pinetown, Umhlanga. The exact property location should still be confirmed, as municipal boundaries do not always follow town names.

Is there a district municipality involved in Durban?

No. eThekwini Metropolitan Municipality is a metropolitan municipality and handles its own planning applications.

What should I check before starting with agricultural-land subdivision in Durban?

Useful starting points are: Copy of the title deed (later stage, not at enquiry); Surveyor-General diagram or general plan; Zoning certificate or current land-use information. Title deed conditions, servitudes and previous approvals should also be checked.

Sources

Next step

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