Town Planners

eThekwini Metropolitan Municipality

Consent use & special consent in Durban

Obtain municipal permission for a use the zoning allows only with consent.

Who decides

eThekwini Metropolitan Municipality (KwaZulu-Natal) receives and decides consent use & special consent matters for land around Durban. 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

Owners in Durban usually look at consent use & special consent when you are adding a second dwelling where the scheme requires consent. The purpose is to obtain municipal permission for a use the zoning allows only with consent.

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 run a business, crèche or guest house from a residential property
  • You are adding a second dwelling where the scheme requires consent
  • A telecommunications or utility installation requires consent under the scheme

The broad process

  • Check the scheme and title conditions
  • Prepare and submit the application
  • Notification of affected parties
  • Municipal evaluation and decision
  • Compliance with any conditions

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 consent use & special consent 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 consent use & special consent 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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