Cape Town Eases Planning Regulations to Boost Affordable Housing Development

The City of Cape Town has approved changes to the Municipal Planning By-law (MPBL) designed to streamline property development in the Mother City while tackling urgent housing requirements.

In a council meeting on Thursday, Mayor Geordin Hill-Lewis informed councillors that these by-law modifications would empower emerging micro-developers to deliver affordable housing more rapidly in townships, informal settlements, and lower-income areas.

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The by-law changes also implement new incentive overlay zonings. An overlay zone adds specific regulations or allowances for designated areas without changing the primary zoning, whether residential or commercial.

Hill-Lewis is hopeful that the new overlay zoning will encourage mixed-use developments that encompass affordable housing as well as public transport options.

Targeted locations include Athlone, Maitland, Parow, Elsies River, Bellville, and Diep River.

Overlay zoning

The updated by-law will work in conjunction with other initiatives under the Mayoral Priority Programme focused on affordable housing and land distribution, which include:

• Support for micro-developers through pre-approved building plans and discounted development charges from a new incentive fund
• Releasing more land for affordable housing, aiming for 12,000 well-located affordable units near the CBD and other metropolitan areas
• Publishing Land Discount Guidelines to offer substantial discounts on city-owned land, maximizing the potential for social housing unit development
• Providing utility discounts for social housing projects related to water, electricity, and property rates bills.

Illegal construction

Another amendment grants the city more options when developers ignore stop-work orders and continue illegal construction.

“Certain developers disregard the orders and proceed with construction, as they are willing to pay any resulting fines,” states the City of Cape Town.

This situation adversely affects surrounding communities and can lead to lengthy legal disputes.

This new measure to combat illegal building practices empowers the city to confiscate the movable property of the developer, as well as that of property owners and contractors involved in the unlawful activities.

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“By introducing this provision, we hope to encourage those who violate the Municipal Planning By-law and related notices under the National Building Regulations and Building Standards Act to rethink their actions,” remarks Eddie Andrews, deputy mayor and member of the mayoral committee for spatial planning and environment.

Emergency housing

Amendments have also been made to the provision of emergency housing, now referred to as “temporary disaster housing.”

According to Section 68 of the MPBL, the City of Cape Town can offer temporary housing on land not designated for such use for up to 12 months, bypassing the public participation process if deemed reasonable and justifiable, in compliance with the Promotion of Administrative Justice Act.

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This amendment facilitates the prompt relocation of individuals made homeless due to emergencies such as fires or floods.

This latest review of the MPBL is part of a thorough five-year assessment that has considered policies and strategies enacted by the Council since the last review in 2019.

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