Consolidation:

Consolidation of land is the legal merging of two or more erven into a single erf with a single Title Deed. Consolidations may not be done without the approval of the Municipal Council and the Townships Board. Only erven with the same zoning or Title Deed conditions may be consolidated. If the zoning is different, one of the erven must be rezoned. The rezoning and consolidation can be done in the same application.


Sub-division:
Subdivision is a process used to divide or cut a single erf into smaller erven, each with its own Title Deed. Subdivisions may not be done without the approval of the Municipal Council and the Townships Board.

Documentation to be submitted when applying for sub-division/consolidation
  1. An application Letter to Council requesting permission to consolidate or subdivide the erf. The letter should include:
  • Motivation for the consolidation or subdivision in compliance with the use and density zoning of the area.
  • The general trend of development in the area
  • The influence of such consolidation or subdivision on the area
  • The future development intentions of the land.
  • Submit a plan of the erf/ erven indicating:
  • Erf location,
  • Lines (usually in red) showing the proposed consolidation/ subdivision
  • New erf area(s) Contours
  • Outlines of existing buildings if any
  • Consolidation Zoning
  • Any servitudes registered against the erf.2.A copy of the Title Deed of the erf and a
     2. Power of Attorney (if the application is done on behalf of the owner of the erf).

     3. In case of a subdivision, the erf must be large enough to comply with the density zoning of the                   erf, e.g. for a density zoning of 1 unit per 500 m² the erf must be at least 1000 m² to yield two erven           of 500 m² each.
Each erf must have its own street access. Where a panhandle access is used, the panhandle access
must be 4m wide.

Once the application is approved by Council, the applicant can proceed to apply for approval from the Townships Board. Applications for Subdivisions into more than 10 new portions must first be submitted to the Namibian Planning Advisory Board (NAMPAB), to determine the desirability of the subdivision before it is submitted to the Townships Board for approval.

Once approved by the Townships Board, a certificate will be issued, which is used to appoint a land surveyor who will draw up new diagrams.
Once the diagrams are approved by the Surveyor General, the new erf/erven can be registered with
the Deeds Office. The applicant is required to provide copies of the relevant documents (new Title Deed) to the Municipality. No building plan, development proposals or site development will be permitted until certified copies of the Title Deed(s) have been provided to the Municipality.

Consent Use:
There are many possible uses for land, but limited zoning types. Consent use determines the permissible use of the land according to its zoning:
Primary use: no planning permission is required and development may start once the building plans are approved.
Prohibited use: uses that are not allowed by Council.
Consent Use: uses that are allowed with consent from Council. E.g.: an erf zoned as single residential is meant for a house as its primary use. A shop would not be permitted on this erf and will have to be rezoned as a business zoned erf. Council may at its discretion allow a certain use compatible with an erf’s primary use.

Procedure to apply for consent use:
  • Complete and submit a Consent Application Form (obtainable from the Town Planning Division or the municipal website) together with an Application letter stating the intent and motivating the proposed use of the land.
  • Attach a copy of the Title Deed, a site and sketch plan showing the details of the proposal.
  • Proof that adjacent owners have been notified of the proposed use by registered post or personally, or by registered post.
  • Proof that a notice of the proposed use was published twice in a local newspaper.
  • Attach an Affidavit, certifying the display of the on-site notice.
  • Copies of any objections or comments.
  • Members of the public who have objections against the intended use should lodge their objections within 14 days after the second newspaper notice.

Approval for Consent use is assessed in terms of its needs and influence on the immediate neighborhood. This process usually takes up to a month. Council may impose conditions. Should the applicant not be satisfied with Council’s decision, he/she may lodge an appeal with the Council and/or the Minister of Regional, Local Government and Housing and Rural Development.