News & Updates

DENSE JUST BECAME DENSER: THIRD DWELLINGS WILL BE ALLOWED ON SINGLE RESIDENTIAL PROPERTIES IN THE CITY OF CAPE TOWN IN 2020

Jan 15, 2020

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The Municipal Planning By-law (MPBL) regulates development and land use in Cape Town and recent amendments relevant to the property industry will allow for controlled densification and the letting of flats on a short-term basis. Let’s take a look at these 2 amendments in further detail:

  • 1. The provision of a third dwelling as an additional use right for properties zoned as Single Residential. A third dwelling as an additional use right means that the property owner is allowed to add a third dwelling on the property without prior approval from the City, subject to the normal development rules of the property and specified additional conditions (conditions would typically determine the size and height of the third dwelling). Also, the construction of a third dwelling is subject to the City Directors’ confirmation that there is sufficient service capacity in the area such as water, sanitation, and electricity services to support the dwelling. The property owner is still required to submit a building plan to the City which must be approved before construction can commence, and the City may require a third dwelling to have the same architecture as that of the main dwelling house.

The City of Cape Town submits that this provision is in line with the City’s Integrated Development Plan, Municipal Spatial Development Framework and Transit-Oriented Development Framework which together pursue a denser City form to improve efficiencies and long-term sustainability, and to reduce the consumption of limited resources. Cape Town has very limited land available for development; it is a scarce resource. The City argues that densification is necessary to curb urban sprawl and to ensure that we use the available land to its full potential. By prioritising denser, transit-oriented growth and development the City seeks to create more inclusive communities with access to improved services, job opportunities, and affordable housing and public transport.

  •   2. A provision that allows for short-term letting from a house or flat for a period not exceeding 30 consecutive days. This is in response to the increase in short- term letting via online platforms such as AirBnB.

This amendment is to be welcomed as it will contribute to our local economy and tourism sector with resultant job creation. It is recommended that Body Corporates, Home Owners’ Associations and the like control or prohibit short-term letting in accordance with their own rules and also address issues of security or behaviour to fall in line with their policies on usage and short-term letting.