Articles · Section 16(2) - Consent in terms of the zoning scheme

    Special Consent (Consent Use) applications explained

    Special Consent lets the municipality authorise a use that the zoning scheme lists as a consent use - typically faster and cheaper than a full rezoning.

    1 November 20256 min readRegistered town planner
    Special Consent (Consent Use) applications explained
    SPLUMA reference
    Section 16(2) - Consent in terms of the zoning scheme
    Typical timeline
    3 - 6 months from lodgement to decision
    Applies to
    Owners running guesthouses, second dwellings, home enterprises and similar
    Cost drivers
    Public participation, parking and traffic comments, building plans alignment
    01

    Consent use vs rezoning

    Every zoning category has a list of primary uses (allowed as of right) and a list of consent uses (allowed only with the municipality's written permission). Special Consent - also called a Consent Use application - is the SPLUMA process for getting that written permission.

    Because the use is already contemplated by the scheme, the planner is not asking the municipality to change the rules; they are asking it to authorise a use the scheme already foresees. That is why Special Consent is typically faster, cheaper and lower-risk than a rezoning.

    02

    When you typically need one

    Common Special Consent applications include: a second dwelling on a Residential 1 erf; a guesthouse, bed-and-breakfast or short-term letting use; a home occupation that exceeds the as-of-right threshold; a place of worship in a residential area; a crèche or educational institution outside its primary zoning; and certain telecommunications installations.

    If the use you want is not listed as a consent use under the current zoning, Special Consent will not work and you must apply for a rezoning instead.

    03

    What you submit

    The package is a slimmer version of a rezoning: application form, motivational report, locality plan, site plan or sketch plan, title deed, owner's consent, public-participation proof and any specialist input the scheme calls for (parking layout, hours of operation, signage). Building plans are not part of the application but must follow the consent.

    04

    How the decision works

    The authorised official or Municipal Planning Tribunal weighs the proposal against the scheme criteria for that consent use. Conditions are common - limited hours, capped number of guests, screening, parking provision - and the consent usually lapses if the use is not commenced within a fixed period.

    Common pitfalls

    • 01Applying for Special Consent when the use is not actually a listed consent use - the application is rejected on intake.
    • 02Underestimating parking requirements - the most common reason for conditions being imposed or applications being refused.
    • 03Not realising the consent lapses if the use is not commenced within the period set by the municipality.

    Frequently asked questions

    How long does a Special Consent take?+

    Typically 3 to 6 months from lodgement to decision, depending on the municipality and whether objections are received.

    Do I still need building plans for a Special Consent?+

    Yes, separately. Special Consent authorises the use; building plans approved under the National Building Regulations authorise any new construction needed to enable that use.

    Can my Special Consent be revoked?+

    Yes, if you breach a condition or fail to commence the use within the period stated in the consent. Compliance monitoring varies by municipality.

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