In the Nelson Mandela Bay Municipality, Eastern Cape, South Africa

In an article published in February 2020, I spoke about the removal of Restrictive Conditions, but when is it necessary to remove these restrictions?

In title deeds of older properties, the conditions, or rules, are listed. These rules outline what is allowed, or if there are any limitations. In the 1950s & 60s, South African municipalities introduced zoning schemes, which set the general rules for properties in specific municipalities. So, a property zoned for a specific use, for example; business, residential, community etc. the zoning scheme sets out the rules applicable to those particular uses. The conditions in the title deeds take precedence over the zoning scheme, so they must be removed, if owners would like to make improvements that contravene the conditions. Newer properties, registered after the zoning schemes were introduced, don’t have the restrictive conditions. So, the removal of conditions doesn’t apply.       

The most common example when restrictive title conditions need to be removed, is when a residential property is rezoned to business. There are usually specific conditions related to the residential use. If a relaxation or waiver is required for proposed improvements, the old title conditions need to be removed.

To remove the title conditions, an application must be submitted to the Nelson Mandela Bay Municipality’s Land Planning & Management Division. The process was covered in the article published in February 2020.