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New city of Cape Town By Law now allows 3 houses on a single erf

12 Mar 2020

New amendments to the Cape Town municipal By Laws now make it possible to have three dwellings on an erf zoned SR1; an erf on which originally only one dwelling was allowed. Legislation promulgated in December 2019 took effect on this matter from 3rd February 2020.

The latest legislation now makes it possible for a third dwelling to be erected as an ‘additional right’, the plot owner only needs to submit plans for approval.

Rowan Alexander, Director of Alexander Swart Property, says previous legislation brought about a situation where ‘consent use’ for a second dwelling on a SR1 plot was changed to ‘additional right use’.

Last year Alexander commented that this meant the owner of a SR1 plot no longer had to get the council’s permission for a second dwelling. Where applicable, approved plans are needed for the additional dwelling and alterations to the existing building. The latest legislation now makes it possible for a third dwelling to be erected as an ‘additional right’.

Again, the plot owner can now simply submit plans for approval - no special consent or permission has to be obtained. The only proviso being that the plot must have access to sufficient water, electricity and sewerage services to cope with the extra load on it, he says.

No special consent or permission has to be obtained

Alexander says those contemplating going this route should understand at the outset that the ‘additional use’ legislation does not allow for the plot to be subdivided into separate portions: it remains a single plot. If and when it is sold, it has to be transferred as one unit. However, with two or three dwellings on it, it will obviously be far more valuable.

 “The new rulings have created great investment opportunities for those with the resources and imagination to alter and expand their dwellings,” he says.

“What is more, this reconfiguration/densification process can actually improve the appearance of a home: tired, out-of-date buildings can be given a new look and fresh appeal. It goes without saying that such moves can slow down the spread of the suburban sprawl beyond its current borders. We have to congratulate the Cape Town City Council for once again being forward thinking and progressive.”

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