The Basics Of Subdividing: Part 1

The assistance of a land surveyor is key to ensuring lawful procedure. Altus Strydom, chairperson of the South African Geomatics Institute, spoke to Gerhard Uys.

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The Department of Agriculture, Forestry and Fisheries (DAFF) administers the Subdivision of Agricultural Land Act No. 70 of 1970. Subdivision of agricultural land, therefore, requires DAFF’s consent.

However, the recent past has seen a major change in legislation to obtain consent for subdivision. The Spatial Planning and Land Use Management Act (SPLUMA), which came into operation in July 2015, holds that all subdivision applications must also be submitted to municipalities for consideration.

Furthermore, neither Act 70 of 1970 nor SPLUMA exempt an applicant from the need to also obtain consent in terms of other laws that regulate subdivision, such as the Roads and Ribbon Development Act and the National Roads Act.

Under the new approach, the subdivision of a farm and an urban erf are treated in the same way.

THE SUBDIVISION PROCESS

Subdivision involves three phases: feasibility investigation and obtaining letters of consent; the actual subdivision; and the transfer of the subdivided property.