A Simple Guide To Departure Certificates

In South Africa, a departure certificate (also known as a deviation certificate or consent use certificate) is a document issued by a local municipal authority that permits a property owner to use their property in a way that deviates from the current zoning regulations. Here are the key points about departure certificates:

1. Purpose: They allow property owners to legally use their property in a manner that is not ordinarily allowed under the current zoning scheme. This could include activities like running a business from a residentially zoned property or constructing a building that does not adhere to standard zoning requirements.

2. Application Process: Property owners must apply to their local municipality for a departure certificate. The application typically requires detailed information about the intended use or deviation and may involve public notices or consultations with affected parties.

3. Evaluation: The municipal planning department evaluates the application to ensure it aligns with broader urban planning goals, environmental impact considerations, and community interests.

4. Conditions: If granted, the departure certificate may come with specific conditions that the property owner must adhere to, such as operational hours, noise restrictions, or other mitigations to address potential negative impacts on the neighborhood.

5. Temporary or Permanent: Departure certificates can be temporary or permanent, depending on the nature of the deviation and municipal regulations. Temporary departure certificates are valid for a five year period, thereafter the departure certificate would need to be reapplied for.

6. Legal Framework: The issuance and management of departure certificates are governed by local zoning bylaws and the broader Spatial Planning and Land Use Management Act (SPLUMA) in South Africa.