A step-by-step guide to successful development in the Drakenstein Municipality

Drakenstein Municipality is a dynamic and diverse region that includes towns and settlements such as Paarl, Wellington, Saron, and Simondium. Its strategic location in the heart of the Cape Winelands, rich cultural heritage, and growing economy make it an excellent place for sustainable and impactful development. In fact, there has been an unprecedented number of developments in the area.

This article outlines and summarizes a practical roadmap which may assist in understanding what goes into making a development idea become a sustainable, community-centric reality.

1. A property developer needs to identify and be clear about the your vision for the development, and identify exactly what is to be developed (affordable housing, business hub, sectional title etc). A strong, well-defined vision helps to attract investors, business partners, and obtain community support;

2. Once the vision has been crystallized, research is conducted and needs assessments are done. The developer engages stakeholders such as investors or banks, aligns the development vision with Municipal policies and planning frameworks, and conducts feasibility studies. These processes often require the assistance of professionals such as land-surveyors, town planners, and architects;

3. Thereafter, application would be made for the necessary subdivision and zoning approval from the Municipality. That may involve traffic studies, environmental consents, reports on the availability of services, and possible Heritage considerations amongst other necessary considerations.

4. The applications will be reviewed by the Municipality and, more often than not, when approved, will be made subject to certain conditions that are to be fulfilled by the Developer, such as Home Owners’ Association Constitutions and arrangements, roads, municipal services, water, electricity, and sewerage connections;

5. It is at this stage where the Conveyancer becomes involved and peruses the development general plan and subdivisional diagram, and Municipal conditions to ensure that all rights awarded to the properties and surrounding properties (ie servitudes) are catered for, and to plan exactly how these will be dealt with during the conveyancing process;

6. Only when the approvals are granted can the developer begin installing the necessary services, roads, and reticulation networks, and commence with the marketing and sale of properties. Usually estate agents will become involved to market and sell the properties;

7. The Conveyancing firm will then commence with the opening of the township register at the Municipality;

8. Transfer documents and/or mortgage bond documents are drafted by the Conveyancing firm and signed by the developer and the purchasers;

9. Municipal clearance (what is called a Section 28 certificate) is issued by the Municipality before the Conveyancing firm will be able to continue with lodgment of the transactions at the Deeds Office. The Section 228 certificate confirms that all conditions imposed by the Municipality when approving the subdivision have been met;

10. The Conveyancing firm also requires Rates Clearance Certificates, as well as Transfer Duty Receipts, for each of the properties. Without that the transfer documents will not be ready for lodgment at the Deeds Office, Cape Town;

11. Developing a property can be a rewarding process when approached with careful planning, community engagement, regulatory alignment, and transparent execution. Reach out to us for expert, professional advice on how to ensure a successful development.

Article written by Faure & Faure Inc. Conveyancer and Notary, Erika Le Roux.