When you need it
- You want to divide a farm portion or other land that does not fall under section 33(1) for an erf in an approved township
- You intend to sell, transfer or lease a portion of agricultural land and need to test the national consent triggers
- You need to coordinate municipal land-use approval, national consent, Surveyor-General approval and Deeds Office registration
What's different in Joburg
- Section 35(1) makes the City application subject to any other applicable law and applies the section 21(2)–(9) procedure with the necessary changes. The layout, access, services and intended use must therefore be assessed together.
- Where the Subdivision of Agricultural Land Act applies, sections 3 and 4 regulate subdivision and ministerial consent; section 6 requires that written consent before the Surveyor-General or Registrar performs the relevant acts.
- The Preservation and Development of Agricultural Land Act 39 of 2024 still required a commencement proclamation when checked on 13 November 2026. Parliament's 13 October 2026 implementation review reported that regulations remained in preparation and aimed at a March 2027 commencement process; it is not presented as current law here.
- Excision from the agricultural-holdings register and township establishment are different procedures. Section 26 requires township establishment for specified mainly residential, business, commercial, industrial, institutional, educational or similar development, not merely because land is subdivided.
The process
- Classify the land and transaction. Confirm the registered description, township or farm status, current use, title and whether the proposal is subdivision, excision, township establishment or another transaction.
- Test both approval systems. Check the City section 35 route and whether SALA applies to the land and action. Align municipal and national processes without assuming one approval replaces the other.
- Prepare a coordinated application. A land surveyor prepares the proposed division while the planning motivation addresses use, access, services, agricultural impact and the applicable public-participation requirements.
- Decisions and conditions. Track the City and national decisions separately, reconcile their conditions and complete any environmental, roads, heritage or utility approvals actually triggered.
- Survey and registration. Submit the required written consent and documents to the Surveyor-General and Registrar through the surveyor and conveyancer, then complete the City's implementation requirements.
Documents you'll typically need
- Current title deed, registered farm/land description and existing SG diagram
- Power of attorney and owner/entity documents
- Land surveyor's proposed subdivision diagrams and locality plan
- Planning and agricultural motivation, proposed land uses, access and services information
- Documents required by the Minister under SALA section 4 for the specific application
- Existing approvals, servitudes, bondholder consents and specialist reports where applicable
Linked approvals & dependencies
- City of Johannesburg section 35 subdivision approval and any rezoning, title or township application required by the actual proposal
- Written ministerial consent under SALA where the Act applies; the City and national authorisations remain distinct
- Surveyor-General diagram approval and Deeds Office registration through the land surveyor and conveyancer
- Environmental, heritage, roads, water, electricity and other approvals only where the site and activity trigger them
How long it takes
There is no verified single end-to-end duration covering both the City and national processes. Section 57 of the Municipal Planning By-law sets procedural limits, not a whole-project duration: the administrative phase starts only once an application is complete and may not exceed 12 months; the consideration phase may not exceed 3 months; and a Municipal Planning Tribunal decision must be made within 30 days of its last meeting. Specialist approvals, appeals, surveys, registration and building-plan processing are separate. Separately, section 35(7) requires the approved plans or diagrams to be lodged with the Surveyor-General within 24 months of the City's approval notice, unless an extension is granted; section 35(8) requires an extension application before expiry and limits it to a further 24 months.
- The municipal administrative phase starts only when the application is complete; national ministerial processing is not included in the City's section 57 periods.
- No current official national processing range was verified, so no twelve-month or other estimate is invented.
- Survey examination, Deeds Office registration, specialist authorisations, objections and appeals are separate dependencies.
- The legal-status review is dated 13 November 2026; the commencement of the replacement farmland Act must be rechecked before relying on this page later.
Costs: what belongs in which budget
Professional planning fees
Scoped for land classification, coordination, motivation, submission and responses. National-consent work, specialists, appeals and registration are included only if the written quotation says so.
Municipal fees
The approved 2026/2027 schedule lists R7,012 for a section 35(1) subdivision of other land. Rezoning, title, township, publication, contribution and implementation charges are separate where applicable.
Third-party expenses
Land surveyor, conveyancer, SG/Deeds charges, advertising, engineers, agricultural, environmental, heritage or traffic inputs and any current national administrative charge are quoted or confirmed separately.
Official sources & property-specific checks
Use the COJ planning-resource register to find the scheme, by-law, forms, tariffs and referral interfaces, with their status and check dates. Then read the development-rights checklist: general guidance does not replace the erf’s amendment scheme, schedules, title conditions or separate approvals.
Source review. Practice review: the by-law, consolidated SALA text, official replacement-Act status, Parliament's October 2026 review and the 2026/2027 tariff were checked on 13 November 2026. A current complete national application checklist and processing period were not verified and must be confirmed with the Department for the specific land.
Questions we get
Is agricultural-land subdivision the same as excision?
No. Subdivision creates portions under the applicable municipal and national processes. Excision concerns release from the agricultural-holdings register, and township establishment creates a township with erven and associated rights.
Was the 1970 Agricultural Land Act already replaced?
Not for the purposes of this 13 November 2026 review. The replacement Act's commencement remained to be proclaimed; the current land and transaction still need a SALA assessment. Confirm the position again before lodgement because implementation work is under way.
Related applications
- Subdivision — Split one erf or holding into two or more portions with their own title.
- Excision of Agricultural Holdings — Release an agricultural holding from the holdings register so it can be developed.
- Township Establishment — Turn farm portions or agricultural holdings into a proclaimed township with erven, streets and services.
- Feasibility Studies — Know what's possible before you buy or design.