Who decides
Contravention & regularisation matters for property in Grahamstown and surrounding areas are dealt with by Makana Local Municipality, in Eastern Cape. It forms part of the Sarah Baartman District, but the district municipality is not assumed to decide these applications.
| Municipality | Makana Local Municipality (local) |
|---|---|
| Province | Eastern Cape |
| District | Sarah Baartman |
Local requirements
The aim of contravention & regularisation is to respond to a contravention notice and regularise existing uses or structures. Common situations in Eastern Cape towns such as Grahamstown include: you received a contravention notice or compliance letter.
Areas covered by Makana Local Municipality include Grahamstown. Neighbouring municipalities in the Sarah Baartman District, such as Blue Crane Route, Dr Beyers Naudé, Kou-Kamma, Kouga, Ndlambe, Sundays River Valley, are separate planning authorities with their own by-laws and schemes, so the correct municipality must be confirmed from the property's location.
Applications are made under Makana Local Municipality's Municipal Planning By-law, read with SPLUMA (2013) and the applicable land use scheme. Decisions are taken by an authorised official or the Municipal Planning Tribunal, with appeals to the appeal authority. Fees, documents and timeframes are set by Makana Local Municipality and change from time to time, so they are confirmed for each matter.
When you may need it
- You received a contravention notice or compliance letter
- You bought a property with unapproved structures or uses
The broad process
- Review the notice and deadlines
- Advise on options
- Submit application or response
- Follow-through
Documents commonly required
- The notice received
- 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)
- Possible penalties or administrative fees imposed by the municipality
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 contravention & regularisation in Grahamstown?
Makana Local Municipality in Eastern Cape is the planning authority for Grahamstown. The exact property location should still be confirmed, as municipal boundaries do not always follow town names.
Does the Sarah Baartman District Municipality decide contravention & regularisation applications?
Not by default. Under SPLUMA, local municipalities such as Makana Local Municipality are their own planning authorities for most land-use applications.
What should I check before starting with contravention & regularisation in Grahamstown?
Useful starting points are: The notice received; Copy of the title deed (later stage, not at enquiry); Surveyor-General diagram or general plan. Title deed conditions, servitudes and previous approvals should also be checked.