Town Planners

eThekwini Metropolitan Municipality

Purchase or lease of municipal land in Durban

Applications to acquire or lease municipal land, including planning motivations.

Who decides

For land in Durban, purchase or lease of municipal land falls under the planning powers of eThekwini Metropolitan Municipality, 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

Purchase or lease of municipal land is used to applications to acquire or lease municipal land, including planning motivations. In Durban this is typically relevant when: you wish to buy a municipal strip adjoining your property.

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 wish to buy a municipal strip adjoining your property
  • A business needs to lease municipal land

The broad process

  • Enquiry with the municipality
  • Planning applications where needed
  • Municipal decision
  • Agreement and registration

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)
  • Purchase price or rental determined 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 purchase or lease of municipal land 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 purchase or lease of municipal land 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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