Consent Use application in Durban.
A consent use is permission to carry on one specific additional activity on a property without changing its underlying zoning. The land use scheme itself lists the activity as something the municipality may allow in that zone at its discretion - a guest house, a place of instruction, a home enterprise - and the application asks the municipality to exercise that discretion for your property.
eThekwini Municipality - Development Planning · Section 16(2) - Consent / special consent in terms of the zoning scheme
In Durban
How a special consent application runs under eThekwini's planning by-law
eThekwini calls this application a special consent. Under the eThekwini Municipality Planning and Land Use Management By-law, 2016 it is a Category 3 application, which means it is decided by the Head rather than by the Municipal Planning Tribunal.
The steps below come from the by-law, with the section number for each.
| Step | What the by-law requires | Section |
|---|---|---|
| Category | Special consent is a Category 3 application, decided by the Head. | s 28(1)-(2) |
| Public notice | Required. Special consent is on the by-law's list of applications that must be advertised. | s 32(1) |
| How notice is given | Once in two local newspapers, an A3 notice on every road frontage, and notice served on adjoining and affected owners, organs of state and the ward councillor. | s 34(2)(a), s 34(4)-(6) |
| Objections | Written objections within 30 days. | s 34(1)(f), s 36(1) |
| Proof of notice | Newspaper tear sheets within seven days of the objection period closing, together with proof of service, an affidavit and dated photographs of the site notice. | s 35(1)-(2) |
| Lighter route for minor matters | Written consent and relaxation applications need only written notice to adjoining and affected owners, and are Category 4 applications decided by the Deputy Head. | s 32(2), s 29 |
| Appeals | A person whose rights are affected may appeal within 21 days of being notified of the decision. | s 60(1) |
| Conditions | Where no period is set, conditions of approval must be met within two years or the approval lapses. | s 47(2) |
Category
Special consent is a Category 3 application, decided by the Head.
s 28(1)-(2)
Public notice
Required. Special consent is on the by-law's list of applications that must be advertised.
s 32(1)
How notice is given
Once in two local newspapers, an A3 notice on every road frontage, and notice served on adjoining and affected owners, organs of state and the ward councillor.
s 34(2)(a), s 34(4)-(6)
Objections
Written objections within 30 days.
s 34(1)(f), s 36(1)
Proof of notice
Newspaper tear sheets within seven days of the objection period closing, together with proof of service, an affidavit and dated photographs of the site notice.
s 35(1)-(2)
Lighter route for minor matters
Written consent and relaxation applications need only written notice to adjoining and affected owners, and are Category 4 applications decided by the Deputy Head.
s 32(2), s 29
Appeals
A person whose rights are affected may appeal within 21 days of being notified of the decision.
s 60(1)
Conditions
Where no period is set, conditions of approval must be met within two years or the approval lapses.
s 47(2)
Watch out for
- eThekwini distinguishes special consent from written consent. Which one your use needs depends on how the regional scheme lists it, and the notice burden is very different.
- The newspaper tear sheets have their own seven-day deadline after objections close. Missing it stalls an otherwise complete application.
- The applicant pays for all public notice (section 34(7)).
Source: eThekwini Municipality Planning and Land Use Management By-law, 2016, as amended in 2019 and 2021. Checked against the by-law text on 11 October 2026. This is a summary, not legal advice. Your planner confirms the current requirements before lodgement.
What it is
Understanding a consent use
Land use schemes distinguish between uses that are permitted as of right in a zone, uses that are permitted only with the municipality's consent, and uses that are prohibited outright. A consent use application deals only with the middle category. The zoning does not change; a right to conduct the named activity is granted on top of it, usually subject to conditions covering hours, intensity, parking, signage and neighbour impact.
Typical cases are a guest house or short-stay accommodation in a residential zone, a crèche or place of instruction, a place of worship, a home office or home enterprise, or a small shop in a residential area. The threshold question is always the same: does the scheme list this use as a consent use in this zone? If it does not, no consent application is possible and the route is a rezoning.
The consent right is generally narrower and more conditional than a zoning right. It can lapse if the use is not commenced within a stated period or if it stops, it can be tied to the applicant rather than running freely with the land in some schemes, and it can be withdrawn where conditions are breached. That is the trade-off for a process that is usually faster and materially cheaper than a rezoning.
The Spatial Planning and Land Use Management Act 16 of 2013 (SPLUMA) is the national framework: it requires every municipality to adopt its own land use scheme and municipal planning by-law, and it makes the municipality - not the province - the authority of first instance on land development applications. Consent uses are granted under the scheme provisions of the municipal planning by-law. Public notice to affected neighbours is still normally required, and objections must be considered before a decision.
Consent use vs rezoning vs departure
Three different things are at stake. A consent use adds a permitted activity inside the existing zone. A rezoning changes the zone. A departure changes neither the zone nor the use - it relaxes a single development rule such as a building line or coverage. If your problem is 'the scheme does not allow what I want to do here', you need a consent use or a rezoning; if your problem is 'the use is fine but the building does not fit the rules', you need a departure.
Legal basisThe consent-use provisions of the applicable land use scheme, adopted under the municipal planning by-law in terms of SPLUMA (Act 16 of 2013).
Pricing
Consent Use in Durban
What's included
Planner intake, SPLUMA-aligned motivational report, full document pack, municipal liaison and lodgement with eThekwini Municipality - Development Planning.
Landlodz fee
from R 25 800
Landlodz preparation and lodgement. The eThekwini Municipality - Development Planning application fee is charged separately per its gazetted tariff schedule. Landlodz is not VAT-registered, so no VAT is added.
Statutory municipal fee - Durban
R3,267
general Special Consent and Change of Use; short-term accommodation and student accommodation also R3,267. Home business, tuckshop, tavern and spaza shop consent: R426
2026/27 financial year (tariffs approved May–July 2026). Source: eThekwini, Tariff Tables 2026/2027 (dag.durban.gov.za). This is a council fee payable to the municipality, not a Landlodz fee, and not a professional fee. Compare municipal fees
Local detail
What's specific to Durban
- eThekwini requires the application to be signed off by a Professional Planner (Pr Pln) registered with SACPLAN. This is not universal across South African municipalities, and it is a real reason an eThekwini application is structured - and priced - differently from the equivalent Johannesburg submission.
- eThekwini does not operate a single city-wide scheme: five regional land use schemes (Central, Inner-West, North, Outer-West and South) apply, so the development parameters depend on which region the property falls in.
- eThekwini's tariff table prices short-term and student accommodation consent as its own named line, which few South African municipalities do - a signal the municipality treats short-stay guest accommodation as a land use question requiring consent.
- Subdivision is charged as a basic fee plus a per-portion fee that tapers as the number of portions rises, so the cost per portion falls on larger subdivisions.
Who it's for
Built for serious applicants
Owners running a guest house or short-stay accommodation from a residential property
Schools, crèches, and places of worship in residential areas
Home-based professional offices and small enterprises
How it works
From search to municipal submission
01
Planner intake
Our planner confirms this on the intake call: Confirm the property's zoning supports the use as a consent right.
02
Submit intake
Describe the proposed use, hours, intensity, parking, and impact.
03
Feasibility review
Our planner reviews the proposal against SPLUMA and the local by-law and flags risks before drafting.
04
Pay & generate
Receive your motivational report and consent application pack.
05
Planner review & submit
A registered planner finalises and lodges the application.
Submission pack
Documents for a consent use in Durban
Taken from the eThekwini Planning and Land Use Management By-law, 2016 form set published by eThekwini Municipality (last checked 2025-04-01). Our assigned planner confirms the final pack against the municipality's current application form before lodgement.
Cost breakdown
Consent Use cost in Durban
What you pay for a consent use lodged with eThekwini Municipality - Development Planning, split between the statutory municipal fee and the Landlodz preparation fee.
Municipal application fee (eThekwini Municipality - Development Planning)
R3,267
general Special Consent and Change of Use; short-term accommodation and student accommodation also R3,267. Home business, tuckshop, tavern and spaza shop consent: R426. Published tariff for the 2026/27 financial year (tariffs approved May–July 2026), charged directly by the municipality. Source: eThekwini, Tariff Tables 2026/2027 (dag.durban.gov.za).
Landlodz preparation & lodgement
from R 25 800
Fixed fee covering intake, SPLUMA-aligned motivational report, document pack and municipal liaison.
Payable to Landlodz
from R 25 800
Landlodz is not VAT-registered, so no VAT is added. The municipal fee is billed separately at cost once confirmed.
Municipal figure transcribed from eThekwini, Tariff Tables 2026/2027 (dag.durban.gov.za), 2026/27 financial year (tariffs approved May–July 2026). It is a council fee, not a professional fee, and is payable to the municipality rather than to Landlodz.
Landlodz fee
from R 25 800
Landlodz preparation and lodgement only. The eThekwini Municipality - Development Planning application fee is charged separately per its gazetted tariff schedule and confirmed by our planner before lodgement.
Phase-by-phase
Consent Use timeline in Durban
Typical decision: 120-270 days from acceptance.
PHASE 01
Intake & feasibility
5-10 working days
Planner intake call, official zoning certificate and title deed review, and feasibility assessment.
PHASE 02
Drafting & pack
7-10 working days
SPLUMA-aligned motivational report, supporting plans and full submission pack.
PHASE 03
Lodgement & public participation
21-30 days statutory comment
Lodged with eThekwini Municipality - Development Planning; statutory notice and neighbour consultation runs in parallel.
PHASE 04
Decision
60-120 days from acceptance to decision
eThekwini Municipality - Development Planning circulates internally, considers comments, then issues the decision.
Indicative ranges based on SPLUMA statutory clocks and typical eThekwini Municipality - Development Planning processing patterns. Actual timing varies with public participation outcomes and council workload.
Why Durban is different
eThekwini land use applications are processed under the eThekwini Municipality Planning and Land Use Management By-Law, 2016 (as amended in 2019 and 2021) and the KwaZulu-Natal Planning and Development Act, in alignment with SPLUMA.
FAQ
Common questions
Who decides a special consent application in Durban?
The Head. Special consent is a Category 3 application under section 28 of the eThekwini Planning and Land Use Management By-law, 2016.
Does a special consent in eThekwini have to be advertised?
Yes. Section 32(1) lists special consent among the applications that need public notice: once in two local newspapers, a site notice on every road frontage and notice served on neighbours, with 30 days for objections.
What is the difference between special consent and written consent in eThekwini?
A special consent goes through full public notice and is decided by the Head as a Category 3 application. A written consent needs only written notice to adjoining and affected owners (section 32(2)) and is a Category 4 application decided by the Deputy Head (section 29).
Do I need a registered town planner for a consent use?
Most South African municipalities - including Durban - require land use applications to be lodged by a SACPLAN-registered town planner. Landlodz works with registered and verified town planners, and every application is reviewed and submitted by a registered planner before it reaches the municipality.
How much does a consent use application cost in Durban?
The Landlodz preparation and lodgement fee starts from R 25 800. The statutory eThekwini Municipality - Development Planning application fee is R3,267 (general Special Consent and Change of Use; short-term accommodation and student accommodation also R3,267. Home business, tuckshop, tavern and spaza shop consent: R426) for the 2026/27 financial year (tariffs approved May–July 2026), per eThekwini, Tariff Tables 2026/2027 (dag.durban.gov.za), and is charged directly by the municipality.
Are the Durban consent use fees fixed?
KwaZulu-Natal fees follow each council's tariff schedule under the KZN Planning and Development Act and SPLUMA. Landlodz shows the current published tariff for eThekwini Municipality - Development Planning only where we hold a verified figure; otherwise our assigned planner confirms it directly with the municipality before lodgement.
Is VAT charged on the consent use fee?
Landlodz is not VAT-registered, so no VAT is added to the preparation fee. Statutory municipal fees are charged directly by eThekwini Municipality - Development Planning. Your itemised invoice shows every line before you pay.
What about hidden costs?
Additional costs may include surveyor, conveyancer, traffic impact, or environmental specialist input depending on the proposal. Our planner flags these in the feasibility review before you commit.
How long does a consent use take in Durban?
Typical decision: 120-270 days from acceptance. The clock starts the day our planner accepts your application as complete.
What causes delays in Durban consent use applications?
eThekwini and the larger KZN locals stage public participation in 30-day windows; rural districts often run longer. The most common avoidable delay is incomplete documentation that triggers a request for resubmission.
Go deeper on this application
Other applications in Durban
Durban
Rezoning →
Durban
Subdivision →
Durban
Site Development Plan →
Durban
Removal of Restrictions →
Durban
Rezoning and Subdivision →
Durban
Departure / Relaxation →
Durban
Township Establishment →
Durban
Permanent Closure of Public Place →
Durban
Special Consent →
Durban
Amend or Cancel Subdivision Plan →
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Amendment of LUMS / LSDF / SDF →
Durban
Subdivision / Consolidation →
Durban
Suspension / Amendment of Restrictive Title-Deed Conditions →
Durban
Appeal →
Durban
Extension of Validity Period of Approval →
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Related
Before you lodge a consent use in Durban
Zoning certificates
Start your consent use application in Durban
Book a free consult. A SACPLAN-registered town planner checks the zoning of your Durban property with the municipality and sends you a fixed quote before you commit.