A Stellenbosch Municipality zoning scheme by-law that is currently in effect is seen as “unfair” by some residents, as it places restrictions on how residential units within Stellenbosch may be rented out.
This was according to Johan Fourie, a Stellenbosch resident and owner of a rental property in an area affected by the by-law. In a recent Facebook post, published on the Stellenbosch Accommodation group on 4 October, Fourie claimed that the Stellenbosch Municipality zoning scheme by-law will be enforced at Welgevonden Estate from 2022, and will ensure that houses on the estate can only be occupied by a “family”.
A recent Facebook post by Johan Fourie, a Stellenbosch local, claimed that from 2022, it will no longer be legal for students to share a house in Welgevonden Estate, due to the enforcement of a Stellenbosch Municipality zoning scheme by-law. PHOTO: Jana Scheepers
“Students sharing a house in Welgevonden Estate will not be legal anymore and the rules will be enforced from next year [sic],” said Fourie in the post.
However, this information is “factually wrong”, according to Stuart Grobbelaar, spokesperson of Stellenbosch Municipality, as the zoning scheme by-law has already been in place since 1 November 2019, and includes the whole of Stellenbosch.
“No rules have changed. Approval [from the municipality] has always had to be obtained for the accommodation of any persons unrelated to a family occupying a property, including but not limited to students,” said Grobbelaar in written correspondence with MatieMedia.
According to the zoning scheme by-law, only a “family” can stay in the areas that fall under the by-law, according to the by-law document. A family is one person maintaining a household with or without dependent family members, two or more people who are married maintaining one household, with or without dependent family members, or two unrelated persons who maintain a common household, as stipulated in the by-law document.
The by-law not only applies to Welgevonden, as Fourie’s Facebook post suggested, but also applies to all other areas of Stellenbosch, except Kayamandi, according to the zoning scheme by-law document.
According to the zoning scheme by-law for Stellenbosch Municipality, only a “family” can share a residential unit in the areas that fall under the by-law. A family is one person maintaining a household with or without dependent family members, two or more people who are married maintaining one household, with or without dependent family members, or two unrelated who maintain a common household, according to the document. PHOTO: Jana Scheepers
“Any residential unit may only be occupied by one family […] or two people, unrelated from each other,” said Grobbelaar. As such, no more than two unrelated people may live in a residential unit, whether they are students or not, according to Grobbelaar.
Town residents, specifically students, may reside anywhere in town, as long as it does not interfere with the by-law, explained Grobbelaar. Another alternative for students is private university housing, he added.
The municipality will do periodic surveys to monitor compliance with the by-law, but will also rely on the community to bring illegally occupied dwellings to the municipality’s attention, said Grobbelaar.
“[Additionally], all homeowners and homeowners’ associations have a duty to ensure that properties are not occupied illegally,” elaborated Grobbelaar.
Welgevonden Estate
“It is a huge struggle with a lot of people in one house,” said Gawie Marx, estate manager of Welgevonden Estate, who approves of the by-law as it increases the estate’s market value.
For this reason, a house cannot be shared among more than two unrelated people at Welgevonden Estate, according to Marx. He added that where the estate becomes aware of non-compliance with the by-law, they will enforce it.
“[Welgevonden Estate] is zoned for residential use [as the zoning scheme by-law suggests], which means the estate is only suited for family living,” said Marx.
Stellenbosch residents’ concerns
“It is already very difficult to find a family that wants to live in Cluver Street, because it is a very busy street,” Fourie told MatieMedia, on the challenges of adhering to the by-law.
Cluver Street falls under Universiteitsoord, which is a student suburb, said Fourie, who has a property in this street that is used as student housing. Fourie feels it is “unfair” to place municipal restrictions on such areas, as it is an area where students reside, and does not consist of families.
By restricting accommodation that does not cater to families to two people per dwelling, it makes it very difficult to generate an income, explained Fourie.
“Agents are supposed to tell investors about [the zoning scheme by-law], but they do not,” said a source, who requested to remain anonymous.
This is a problem, the source said, as property owners buy properties under false pretences, and get discouraged when finding out about the by-law. That being said, the source told MatieMedia that they do not contest the zoning scheme by-law, as it protects the “family character” of neighbourhoods.
A representative of Wynland properties, an estate agency in Stellenbosch, told MatieMedia that their agency does tell prospective buyers about the by-law, if the sale of the property will be made for investment purposes to lodge tenants. The representative requested to remain anonymous.
The Stellenbosch Municipality zoning scheme by-law stipulates that only a “family” can share a residential unit. The restrictions apply to the student community, as well as all others in Stellenbosch, according to Stuart Grobbelaar, spokesperson of Stellenbosch Municipality. PHOTO: Jana Scheepers