The Subdivision Proceedure requires co-ordination of many departments
in the council. We also focus on the Deeds office registration of the
subdivided properties and the drafting of the necessary servitudes according
to the council conditions.
Main objectives: The first step to the subdivision of an Erf is to instruct
a townplanner to apply and prepare the application for the consent to
subdivide the property.
The Surveyor General will thereafter arrange that the SG diagrams reflecting
the subdivision have been signed off. We will require the two sets of
the original SG diagrams to be delivered to us and will simultaneously
arrange a consultation with the client to discuss the process and his
intentions for the subdivision.
Once the consent to subdivide has been approved in terms of Section
92(3), by the local authority a letter of consent will be given to the
client by the council together with the conditions. We will ensure Council
conditions are met with the assistance of appointed coordinators. The
coordinators assist with the daily task of going into the council and
approaching the relevant departments for feedback on the progress and
deal with any delays which may be encountered.
Conditions pertaining to servitudes are drafted by the Notary public
in our office who will also attend to the creation of the required omnibus
servitude which is registered along any two boundaries (which may be
prescribed by the council). The purpose of this servitude is to enable
the council to have access to the Erf for sewerage and municipal purposes.
We examine the original title deeds for any existing servitudes and
other restrictive conditions. In most cases the conditions need to be
brought forward in the newly created title deed. We will also attend
to the restrictive conditions and comply where necessary. In the case
of the creation of a certificate of registered title it is no longer
required by the deeds office to create the imposed conditions immediately;
the deeds office will note a caveat against the property.
We will correspond with the Engineer and Land surveyor throughout the
process and do follow up reports to clients on the progress of the installation
of the various services. If necessary we will go out to the site to
examine and advise on the property where complications arise.
We will attend to the removal of restrictive conditions from the existing
title deed if and when required by council.
Rates and Taxes assessments over the property are requested when draft
survey diagrams are issued.
This ensures that all the ground work for the transfer is done up front
and does not delay the process when the subdivision is complete.
Draft title deeds and certificate of registered titles are drawn according
to the SG diagrams, conditions and the existing title deed.
Bond holder’s consents and releases are obtained from the relevant
banking institution.
The final step is to acquire the regulation '38 endorsement' on the
Power of Attorney and Certificate of Registered Title, when applicable,
to obtain new titles for the subdivided portions.
We are then ready to arrange the transfer and subdivision of the property
in the Deeds Office. The standard transfer process will follow.
The approximate time to receive the consent to Subdivide is between
12 months – 18 months (approximately the same time with rezoning
as it is undertaken simultaneously). Thereafter to comply with the conditions
and to receive the Regulation 38 endorsement takes approximately: 8-12
months.