Rezoning application in Bergrivier.

Every erf in South Africa sits in a zone defined by the municipality's land use scheme. The zone determines what the property may be used for and the parameters it must be developed within - coverage, floor area ratio, height, building lines and parking. A rezoning application asks the municipality to move the property from one zone to another, which changes both the permitted use and the parameter set that comes with it.

You need a rezoning when the use you intend is not permitted in the current zone at all, and is not available as a consent use either. Converting a house to offices or a retail premises, taking a single-residential erf to a higher-density residential zone, or bringing an existing non-conforming use onto a lawful footing are all rezoning cases.

Because a rezoning amends the scheme, it is permanent and it runs with the land rather than with the owner: it survives a sale, and it does not lapse if the use stops. That permanence is exactly why municipalities require public notice, consider objections, and refer contested matters to a Municipal Planning Tribunal rather than deciding them administratively.

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. A rezoning is lodged under the relevant municipal planning by-law's scheme-amendment provisions, and the motivation must show the change is consistent with the municipality's spatial development framework and with SPLUMA's development principles - spatial justice, spatial sustainability, efficiency, spatial resilience and good administration (section 7).