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Wednesday 17 June 2009

Guest Accommodation

Great uncertainty is generated on the part of residents on occasions by guest accommodation in this area. It is important that property owners who intend creating guest accommodation conform to the legal requirements for same as published by the Cape Town City Council. It has a brochure clearly defining the procedures for guest accommodation and it is essential, no, a legal requirement, that property owners legally conform to these regulations - otherwise their business can be closed down. Extracts from this brochure are as follows:

“There are three types of accommodation, each of which involves a degree of consultation with CBRRA, the surrounding residents and the local community. The canvassing (or advertising) is done by the Council once your application is lodged.


1) Family guests - informal lodger accommodation in a family home.

Any family can have not exceeding five paying guests LODGING WITH THEM without special permission. This method does not entitle the resident family to display any signage or to have employees in connection with the activity.


2) “Bed and Breakfast” (B & B) - the home industry option.

If a family, LIVING ON A PROPERTY, intends having five to ten (maximum) paying guests at any one time, it requires a business licence in terms of the Business Licence Act for the sale and supply of food and drinks to guests. If the family wants to put up a B & B sign, or wants to employ staff in connection with the business, then the permanent resident can apply to run a B & B from home as a “home industry”.

The number of rooms and guests allowed depends on the size of the property. While there is no particular parking requirement, Council does consider the site’s location, public transport and the market niche aimed at (eg. backpackers). Lack of on-site parking is a common reason for Council rejecting an application.

If you have to alter or rebuild your house, plans for these alteration or rebuilding must first be submitted and approved before your application for a B & B can be dealt with. The proposed alterations must always be considered to be part of the extension to a normal dwelling house. The proposed alterations must not change the dwelling to such an extent that it is no longer considered to be a single dwelling unit ie. one front entrance and one kitchen with all rooms connected with interleading passages.


If the proposed accommodation facility does not fall into either of the two options described above, then it is necessary that the property has, or acquires, the appropriate land use zoning permission to fall into the following category :

3) Hotel / guest house - full range of accommodation (exceeding ten guests).

Permanent rights for a hotel / guest house require that the property has a General Residential Use Zoning. However, even in a General Residential Use Zone, if you intend converting or rebuilding an existing dwelling house into an hotel, a building plan must be submitted for approval showing the conversion or rebuilding of a dwelling house into an hotel. This is necessary in order that regulations such as three on site parking bays for every five bedrooms are met. This is also needed to ensure that no building departures are required as “residential buildings” have different requirements in terms of setbacks than dwelling houses. The size of the facility is limited by the size of the site and the on-site parking you can provide. Departures from coverage and setback regulations are often required. These need the approval of the surrounding community”.

An owner DOES NOT NEED TO LIVE IN a hotel.

If your property is not zoned for General Residential Use, then a rezoning application, also needing the approval of the surrounding community, is required.

Applications must be properly motivated relative to the potential impact of them on the immediate neighbours and the surrounding neighbourhood, with reference made to the impact on streetscapes, traffic and parking, aesthetics, neighbour privacy, noise, derogation of value of surrounding properties, etc.

Before submitting applications to the Council, property owners are well advised to first test the reaction of adjacent neighbours and CBRRA.

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