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Urban and Regional Planning Act, 2018
Act 5 of 2018
- Published in Government Gazette 6631 on 20 June 2018
- Assented to on 5 April 2018
- Commenced on 3 September 2020 by Urban and Regional Planning Act, 2018: Commencement
- [This is the version of this document from 20 June 2018 and includes any amendments published up to 11 October 2024.]
Chapter 1
INTRODUCTORY PROVISIONS
1. Definitions
In this Act, unless the context indicates otherwise -“approved township” means -(a)a township declared as an approved township or deemed to be an approved township in terms of the Townships and Division of Land Ordinance, regardless of such township being referred to as an extension; or(b)a township declared as an approved township in terms of section 71;“authorised planning authority” means a local authority which in terms of section 16 is declared as an authorised planning authority in respect of a local authority area;“Board” means the Urban and Regional Planning Board established under section 4;“building” means a structure or construction of any kind, whether permanent or temporary, movable or immovable and whether completed or not;“chief executive officer” means -(a)in relation to a municipal council or a town council, a town clerk as defined in section 1 of the Local Authorities Act;(b)in relation to a village council, a village secretary as defined in section 1 of theLocal Authorities Act; and(c)in relation to a regional council, a chief regional officer as defined in section 1 of the Regional Councils Act;“consolidation” means the consolidation of two or more adjoining erven or portions of land;“condition of title” means conditions registered against the title deed of land restricting the use or development of land;“condition of approval” means conditions subject to which an application in terms of the Act was approved;“develop” means the construction of buildings on land or the change of use of land, including establishment of townships, the subdivision or consolidation of land or any deviation from the land use or uses authorised in terms of a condition of approval, a zoning scheme or this Act;“diagram” means a diagram as defined in section 1 of the Land Survey Act;“engineering services” means the construction of -(a)roads and stormwater drainage systems; and(b)any other infrastructure for the installation of water, sewage disposal, power or telecommunication systems;“erf” means -(a)a portion of land registered in a deeds registry as an erf, lot, plot or stand or as a portion or remainder of an erf, lot, plot or stand; or(b)a portion of land laid out as a township, whether or not the establishment of such township has been approved or such township has been declared as an approved township;“general plan” means a general plan as defined in section 1 of the Land Survey Act;“Land Survey Act” means the Land Survey Act, 1993 (Act No. 33 of 1993);“land use” means the purpose for which land is used or may lawfully be used in terms of a condition of approval, a zoning scheme or this Act;“land use right” means the right to use land in accordance with an authorisation granted in terms of a condition of approval, a zoning scheme or this Act;“lay-out plan” means a plan showing the relative locations of erven, public places or roads on land intended for development and the purposes for which the erven are intended to be used;“Local Authorities Act” means the Local Authorities Act, 1992 (Act No. 23 of 1992);“local authority” means -(a)in relation to a local authority area, a municipal council, town council or village council referred to in section 1 of the Local Authorities Act; or(b)in relation to an area declared under section 31 of the Regional Councils Act to be a settlement area, a regional council;“local authority area” means -(a)in relation to a municipal council, town council or village council, the area declared under section 3 of the Local Authorities Act, to be a municipality, town or village or deemed to be declared as such in terms of that Act; and(b)in relation to a regional council, the area declared under section 31 of the Regional Councils Act, to be a settlement area or deemed to be declared as such in terms of that Act;“Minister” means the Minister responsible for urban and rural development;“Ministry” means the Ministry administering matters relating to urban and rural development;“national spatial development framework” means the national spatial development framework referred to in section 20;“Permanent Secretary” means the Permanent Secretary of the Ministry;“prescribed” means prescribed by regulations;“public place” means land indicated on a general plan, diagram or map as having been set aside as a public right of way, whether for vehicles or pedestrians or public, of which the ownership is registered in favour of or vests in a local authority in terms of this Act or any other law;“region” means a region as defined in section 1 of the Regional Councils Act;“regional council” means a regional council as defined in section 1 of the Regional Councils Act;“Regional Councils Act” means the Regional Councils Act, 1992 (Act No. 22 of 1992);“regional structure plan” means a regional structure plan referred to in section 26;“rezoning” means an amendment of a zoning scheme to effect a change of zoning in relation to a particular portion of land;“regulation” means a regulation made in terms of this Act;“spatial planning” means -(a)the preparation, approval and review of a national spatial development framework, regional structure plan or urban structure plan;(b)preparation, approval and review of zoning schemes;(c)regulation of development; and(d)land management, which is the regulation and management of land use and conferring of land use rights through the use of zoning schemes and other procedures set out in this Act; to facilitate the allocation of land to the uses that provide the greatest sustainable physical, economic and social benefits and well-being;“subdivide” means the division of land into two or more portions;“Surveyor-General” means the Surveyor-General referred to in section 1 of the Land Survey Act;“this Act” includes a regulation or a notice made or issued in terms of this Act;“Town and Regional Planner” means a town and regional planner as defined in the Town and Regional Planners Act, 1996 (Act No. 9 of 1996);“townlands” means the land situated within a local authority area but outside the boundaries of an approved township;“Townships and Division of Land Ordinance” means the Townships and Division of Land Ordinance, 1963 (Ordinance No. 11 of 1963);“Town Planning Ordinance” means the Town Planning Ordinance, 1954 (Ordinance No. 18 of 1954);“township” means a group of portions of land or of subdivisions of a portion of land, which are combined with public places and are used or intended to be used for residential, business, industrial or similar purposes;“urban structure plan” means an urban structure plan referred to in section 32; and“zoning scheme” means -(a)a scheme referred to in section 41, which has been approved in terms of section 47 and published in terms of section 49, including an amendment of such scheme approved in terms of section 55 or a rezoning approved as contemplated in section 56; or(b)a town planning scheme approved in terms of the Town Planning Ordinance, including an amendment of a town planning scheme approved in terms of that Ordinance.2. Objects of Act
The objects of this Act are to -3. Principles and standards of spatial planning
Chapter 2
URBAN AND REGIONAL PLANNING BOARD
4. Establishment of Urban and Regional Planning Board
A board to be known as the Urban and Regional Planning Board is established.5. Composition of Board
6. Alternate members of Board
7. Powers and functions of Board
The Board -8. Disqualification to be member or alternate member of Board
A person does not qualify to be a member or an alternate member of the Board, if that person -9. Term of office, vacation of office and filling of vacancies
10. Meetings of Board
11. Committees of Board
12. Disclosure of interests
13. Remuneration and allowances
14. Performance of administrative functions of Board
The Permanent Secretary must designate -15. Expenditure of Board
The expenditure resulting from the exercise of powers and performance of functions of the Board and of a committee of the Board must be paid from the State Revenue Fund from moneys appropriated for that purpose by Parliament.Chapter 3
DECLARATION OF AUTHORISED PLANNING AUTHORITIES AND ESTABLISHMENT OF JOINT COMMITTEES
16. Declaration of authorised planning authorities
17. Powers and functions of authorised planning authorities
18. Establishment of joint committees
Chapter 4
NATIONAL SPATIAL DEVELOPMENT FRAMEWORK, REGIONAL STRUCTURE PLANS AND URBAN STRUCTURE PLANS
Part 1 – NATIONAL SPATIAL DEVELOPMENT FRAMEWORK
19. Preparation of national spatial development framework
20. Purpose of national spatial development framework
The purpose of a national spatial development framework is to -21. Content of national spatial development framework
The national spatial development framework, must -22. Giving notice of preparation of draft national spatial development framework
23. Submission of national spatial development framework to Board for recommendation
24. Approval or withdrawal of national spatial development framework by Cabinet
Part 2 – REGIONAL STRUCTURE PLAN
25. Preparation of regional structure plans
26. Purpose of regional structure plans
The regional structure plan must -27. Content of regional structure plans
The regional structure plan must -28. Giving notice of preparation of draft regional structure plan
29. Submission of regional structure plan to Board for recommendation
30. Minister’s decision on application
Part 3 – URBAN STRUCTURE PLANS
31. Preparation of urban structure plans
32. Purpose of urban structure plans
The urban structure plan must -33. Content of urban structure plans
The urban structure plan must -34. Giving notice of preparation of draft urban structure plan
35. Submission of urban structure plan to Board for recommendation
36. Minister’s decision on application
Part 4 – OTHER PROVISIONS RELATING TO NATIONAL SPATIAL DEVELOPMENT FRAMEWORK, REGIONAL STRUCTURE PLANS AND URBAN STRUCTURE PLANS
37. Review of national spatial development framework
38. Review of regional structure plans and urban structure plans
39. Continuation of regional structure plans and urban structure plans
40. Status of national spatial development framework, regional structure plans and urban structure plans
Chapter 5
ZONING SCHEMES
Part 1 – PURPOSE, CONTENT, PREPARATION, APPROVAL AND COMMENCEMENT OF ZONING SCHEMES
41. Purpose of zoning scheme
The purpose of a zoning scheme is -42. Content of zoning scheme
43. Responsibility to prepare zoning scheme
44. Preparation of draft zoning scheme
45. Application for approval of zoning scheme
46. Hearing
47. Minister’s decision on application
48. Matters to be considered
In deciding whether or not to approve an application for an approval of a zoning scheme in terms of section 47, the Minister must take into account the following -49. Commencement and status of approved zoning scheme
50. Continuation of zoning scheme
If land situated in the local authority area of one particular local authority is incorporated in the local authority area of another local authority any zoning scheme applicable to that land remains, subject to this Act, in force.51. Prohibition of certain works, uses and activities on land pending approval of zoning scheme
52. Varying of subdivision and lay-out
53. Continued use of certain land
54. Rectifying non-compliance with zoning scheme
Part 2 – AMENDMENT AND REVIEW OF ZONING SCHEMES
55. Amendment and review of zoning schemes
Part 3 – REZONING OF LAND
56. Procedure and functionary
57. Matters to be considered
In deciding whether or not to approve the rezoning of land, the functionary authorised to approve the rezoning as contemplated in section 56, must take into account the following, insofar as they are applicable -58. Giving notice of approval
The functionary which approved the rezoning of land as contemplated in section 56 must in the Gazette give notice of approval of the amendment to the zoning scheme concerned and such amendment comes into operation on the date of publication of the notice.Part 4 – COMPENSATION
59. Compensation
60. Institution of claim for compensation
61. Limitations in respect of claims for compensation
62. Determining claims for compensation
Chapter 6
ESTABLISHMENT OF TOWNSHIPS, ALTERATION OF BOUNDARIES OF APPROVED TOWNSHIP, DISESTABLISHMENT OF APPROVED TOWNSHIP AND CHANGE OF NAME OF APPROVED TOWNSHIP
Part 1 – ESTABLISHMENT OF TOWNSHIPS
63. Establishment of townships
A township may only be established in terms of this Act.64. Procedure and functionary
The establishment of a township -(a)in a local authority area which has an authorised planning authority; and(b)which is in accordance with the urban structure plan which has been approved in terms of this Act,must be approved in terms of Part 1 of Chapter 9.[There is no number at subsection (1) in the original version of the Act]65. Matters to be considered
In deciding whether or not to approve an establishment of a township, the functionary authorised to approve such an establishment as contemplated in section 64, must take into account the following -66. Conditions of approval
67. Prohibition on approval of building plans conflicting with conditions of approval
After the approval of the establishment of a township as contemplated in section 64, the relevant local authority may not approve building plans which are in conflict with the conditions imposed in terms of section 66.Part 2 – STEPS AFTER APPROVAL OF ESTABLISHMENT OF TOWNSHIP
68. Survey of land and lodging of plans, diagrams and other documents with Surveyor-General
After the approval of the establishment of a township as contemplated in section 64, the person in respect of whom such approval has been made must as soon as possible survey the land in question and lodge with the Surveyor-General, for his or her approval, such plans, diagrams or other documents as the Surveyor-General may require.69. Lodging of deeds, plans, diagrams and other documents with Registrar of Deeds
70. Ownership of public places in township
The ownership of any public place on land in a township vests, from the date of approval by the Surveyor-General of the plans and diagrams or documents in terms of section 68, in the local authority or in the State in trust for a future local authority.71. Declaration of township as approved township
Part 3 – PROHIBITIONS PENDING DECLARATION OF APPROVED TOWNSHIP
72. Prohibition of certain agreements pending declaration of approved township
73. Prohibition of registration of transfer of erven
The Registrar of Deeds may not in the deeds registry register the transfer of an erf in a township -Part 4 – ALTERATION OF BOUNDARIES OF APPROVED TOWNSHIPS
74. Alteration of boundaries of approved township
75. Procedure and functionary
76. Giving notice of approval
After the requirements of sections 64, 65, 66, 67, 68, 69 and 70, have been complied with, the functionary which approved the alteration of boundaries must give notice of the alteration in the Gazette and the conditions, if any, subject to which the alteration has been approved and the alteration of boundaries comes into operation on the date of publication of the notice.Part 5 – DISESTABLISHMENT OF APPROVED TOWNSHIP OR PORTION OF APPROVED TOWNSHIP
77. Who may apply for disestablishment of approved township or portion of approved township
78. Procedure and functionary
79. Giving notice of approval
After approving the disestablishment of an approved township or a portion of an approved township, the functionary which is authorised to approve the disestablishment as contemplated in section 78 must give notice of approval of the disestablishment in the Gazette and the conditions, if any, subject to which the disestablishment has been approved and the disestablishment comes into operation on the date of publication of the notice.80. Alteration or cancellation of general plan
81. Alteration or cancellation of general plan on application
82. Giving notice of approval
If a general plan is altered or cancelled under section 81, the Surveyor-General must notify the applicant referred to in that section, the Minister and the Registrar of Deeds.83. Effect of alteration or cancellation of general plan
Part 6 – CHANGE OF NAME OF APPROVED TOWNSHIP
84. Change of name of approved township
85. Procedure and functionary
The procedure set out in Part 3 of Chapter 9 applies with the necessary changes to an application referred to in section 84.86. Giving notice of approval
Chapter 7
SUBDIVISION OR CONSOLIDATION OF LAND
Part 1 – SUBDIVISION OR CONSOLIDATION OF LAND
87. Subdivision or consolidation of land
Subject to any other law dealing with the subdivision of land, a person may not subdivide or consolidate land unless that subdivision or consolidation is approved in terms of this Act.88. Procedure and functionary
89. Matters to be considered
The functionary authorised as contemplated in section 88 to approve a subdivision or consolidation of land must in considering the proposed subdivision or consolidation take into account the matters set out in section 65, insofar as they are applicable.90. Conditions of approval
The functionary authorised as contemplated in section 88 to approve a subdivision or consolidation of land, may impose conditions similar to the conditions set out in section 66(1) and the provisions of section 66(2) to (12), apply with the necessary changes in respect of the conditions imposed.Part 2 – STEPS AFTER APPROVAL OF SUBDIVISION OR CONSOLIDATION OF LAND
91. Lodging of deeds, plans, diagrams and other documents with Surveyor-General and Registrar of Deeds
92. Ownership of public places
If a subdivision entails the creation of public places, the ownership of such public places vests in the local authority in whose local authority area the land is situated from the date on which the general plan and documents are approved as contemplated in section 91.Chapter 8
ALTERATION, SUSPENSION OR DELETION OF CONDITIONS RELATING TO LAND
93. Procedure and functionary
97. Conditions subject to alteration, suspension or deletion
95. Matters to be considered
The functionary authorised to alter, suspend or delete conditions relating to that land as contemplated in section 93, must in considering the alteration, suspension or deletion of conditions relating to land take into account the matters set out in section 65, insofar as they are applicable.96. Giving notice of approval
Chapter 9
APPLICATION PROCEDURES
Part 1 – PROCEDURE WHERE A LOCAL AUTHORITY IS AN AUTHORISED PLANNING AUTHORITY AND APPLICATION IS IN ACCORDANCE WITH ITS APPROVED URBAN STRUCTURE PLAN
97. Procedure where a local authority is an authorised planning authority and application is in accordance with its approved urban structure plan
98. Continuation of application
If the ownership of land, in respect of which an application contemplated in section 97 has been made, changes and the new owner notifies the authorised planning authority that must approve the application in writing of the intention to continue with such application, the authorised planning authority may, consent to the continuation of the application by the new owner on such conditions as it may consider expedient.99. Giving notice of application
100. Hearing
101. Decision on application
102. Appeal
A person who is aggrieved by the decision of an authorised planning authority made in terms of section 101(2), may appeal against that decision to the Minister in the manner set out in section 129.103. Effective date of decision
The decision that is the subject of an appeal in terms of section 102, is suspended pending the decision by the Minister on the appeal.104. Procedure in respect of authorised planning authority’s own land
If an authorised planning authority, in respect of land of which it is the owner, intends to -Part 2 – PROCEDURE WHERE A LOCAL AUTHORITY IS NOT AN AUTHORISED PLANNING AUTHORITY OR APPLICATION IS NOT IN ACCORDANCE WITH APPROVED URBAN STRUCTURE PLAN OF AUTHORISED PLANNING AUTHORITY
105. Procedure where a local authority is not an authorised planning authority or where application is not in accordance with approved structure plan of authorised planning authority
106. Continuation of application
If the ownership of land, in respect of which an application as referred to in section 105 has been made, changes and the new owner notifies the functionary that must approve the application in writing of the intention to continue with such application, the functionary may, consent to the continuation of the application by the new owner on such conditions as the functionary may consider expedient.107. Giving notice of application
108. Hearing
109. Recommendation of application to Board
110. Appeal
A person who is aggrieved by the decision of the local authority or the authorised planning authority, made in terms of this section 109(2), may appeal against that decision to the Minister in the manner set out in section 129.111. Effective date of decision
The decision that is the subject of an appeal in terms of section 110 is suspended pending the decision by the Minister on the appeal.112. Procedure at Board
113. Minister’s decision on application
114. Procedure in respect of local authority or authorised planning authority’s own land
If a local authority or an authorised planning authority, in respect of land of which it is the owner, intends to -Part 3 – PROCEDURE IN RESPECT OF LAND SITUATED OUTSIDE LOCAL AUTHORITY AREA
115. Procedure in respect of land situated outside a local authority area
116. Continuation of application
If the ownership of land, in respect of which an application contemplated in section 115 has been made, has changed and the new owner notifies the Minister in writing that he or she intends to continue with such application, the Minister may, consent to the continuation of the application by the new owner on such conditions as the Minister may consider expedient.117. Giving notice of application
118. Hearing
119. Minister’s decision on application
Chapter 10
GENERAL PROVISIONS
120. Calculation of days
If this Act prescribes a particular number of days for performing an action, days do not include Saturdays, Sundays or public holidays and the period in question must be calculated as exclusive of the first day and inclusive of the last day.121. Service of notices and documents
122. Keeping of records
123. Acquisition or disposal of land for purpose of a zoning scheme or township establishment
124. Site inspections
125. Entry on land
126. Warrant for entry on land
127. Exemptions
128. Delegation
129. Appeals
130. Offences and penalties
131. Regulations
132. Repeal of laws
The laws referred to in Column 2 of the Schedule to thisAct are repealed to the extend set out in Column 3 of that Schedule.133. Savings and transitional provisions
134. Act binds State
This Act binds the State.135. Short title and commencement
History of this document
03 September 2020
Commenced by
Urban and Regional Planning Act, 2018: Commencement
20 June 2018 this version
05 April 2018
Assented to
Cited documents 25
Ordinance 16
1. | Expropriation Ordinance, 1978 | 9 citations |
2. | Townships and Division of Land Ordinance, 1963 | 5 citations |
3. | Town Planning Ordinance, 1954 | 3 citations |
4. | Removal of Restrictions Ordinance, 1975 | 1 citation |
5. | Town Planning Amendment Ordinance, 1968 | 1 citation |
6. | Town Planning Amendment Ordinance, 1970 | 1 citation |
7. | Town Planning Amendment Ordinance, 1973 | 1 citation |
8. | Town Planning Amendment Ordinance, 1977 | 1 citation |
9. | Town Planning Amendment Ordinance, 1979 | 1 citation |
10. | Town Planning Further Amendment Ordinance, 1973 | 1 citation |
Act 9
1. | Local Authorities Act, 1992 | 1327 citations |
2. | Regional Councils Act, 1992 | 389 citations |
3. | Land Survey Act, 1993 | 29 citations |
4. | Town and Regional Planners Act, 1996 | 20 citations |
5. | Townships and Division of Land Amendment Act, 1992 | 13 citations |
6. | Town Planning Amendment Act, 1993 | 7 citations |
7. | Townships and Division of Land Amendment Act, 1985 | 3 citations |
8. | Town Planning Amendment Act, 2000 | 2 citations |
9. | Townships and Division of Land Amendment Act, 2000 | 2 citations |
Documents citing this one 92
Gazette 91
Law Reform Report 1
1. | Report on the Repeal of Obsolete Laws |