Commercial Guidebook | Real Estate Investor Magazine Commercial Handbook | Page 11

but also provides their requirements for you to meet in order to obtain promulgation of your township or an occupation certificate of your new- or extended building. Obtaining the conditions of establishment, then, represents a key achievement in your process to develop or redevelop a fixed property as this means that your council has acknowledged their responsibility in providing for your development. to keep track of which departments have assessed your application. Often, this is done by making appointments with the relevant personnel within a department and meeting with them in order to discuss your application and to obtain a commitment from them that they shall peruse your application and advise you of their decision within a short period. The municipal departments which need to consider the application are: • • • • • • • • • • the town-planning department the electricity department the water department the gas department the roads department the sanitation department the health department the parks department the transport department the municipal treasury Each of these departments are required to provide you with their conditions of establishment – a vital document which, once combined into an integrated document, not only indicates the council’s approval in-principle of your new- or extended- development www.reimag.co.za Public hearings Sometimes it is necessary and, indeed, expedient to hold public hearings amongst the community in which you wish to develop so as hear, acknowledge and respond to any objections that may be forthcoming from the community. Written recordals of these public meetings should be made and, if the community is content to waive their objections, signatures of the communityrepresentatives should be obtained for subsequent submission to the council. Obtaining the approval of the surrounding community and over-coming their (legitimate) objections is a further milestone in the development process as this means that your town-planning and construction process will not be delayed by the objection-process allowed for in our town-planning law. In my experience, asking the community to nominate representatives and holding a morning seminar in order to explain your proposed development to the community representatives and obtain their support is a definitive way of overcoming this hurdle. The last few steps Three final steps towards the completion of your town-planning application process is obtaining the new zoning rights of your property from your local authority, the opening of a new land register and the drafting and acceptance of the new title deeds associated with your sub-divided or consolidated land portion. RESOURCES Courtwell Consulting Commercial Handbook 2016 9