Who decides
If your property is in Pietermaritzburg, Msunduzi Local Municipality is the planning authority for building-line relaxations & departures. It forms part of the uMgungundlovu District, but the district municipality is not assumed to decide these applications.
| Municipality | Msunduzi Local Municipality (local) |
|---|---|
| Province | KwaZulu-Natal |
| District | uMgungundlovu |
Local requirements
The aim of building-line relaxations & departures is to relax building lines, coverage, height or other development parameters. Common situations in KwaZulu-Natal towns such as Pietermaritzburg include: a planned extension encroaches into the side or rear building line.
Areas covered by Msunduzi Local Municipality include Pietermaritzburg. Neighbouring municipalities in the uMgungundlovu District, such as Impendle, Mkhambathini, Mpofana, Richmond, uMngeni, uMshwathi, are separate planning authorities with their own by-laws and schemes, so the correct municipality must be confirmed from the property's location.
The legal framework is SPLUMA (2013), the municipality's own planning by-law and its land use scheme. Depending on the matter, the authorised official or the Municipal Planning Tribunal decides, and an appeal lies to the municipality's appeal authority. Fees, documents and timeframes are set by Msunduzi Local Municipality and change from time to time, so they are confirmed for each matter.
When you may need it
- A planned extension encroaches into the side or rear building line
- An existing structure was built over a line and needs to be regularised
The broad process
- Assessment
- Neighbour consents
- Application
- Decision
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
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)
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 building-line relaxations & departures in Pietermaritzburg?
Msunduzi Local Municipality in KwaZulu-Natal is the planning authority for Pietermaritzburg. The exact property location should still be confirmed, as municipal boundaries do not always follow town names.
Does the uMgungundlovu District Municipality decide building-line relaxations & departures applications?
Not by default. Under SPLUMA, local municipalities such as Msunduzi Local Municipality are their own planning authorities for most land-use applications.
What should I check before starting with building-line relaxations & departures in Pietermaritzburg?
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.