Stellenbosch Municipality Zoning Scheme By-Law 2019

1. The Stellenbosch Municipality Zoning Scheme By-Law 2019 was implemented on 1 November 2019 (“the By-Law”).


2. The Welgevonden Home Owners’ Association (WHOA) Constitution and Estate Rules expressly provide that Members and Occupants (and in fact any person who enters Welgevonden Estate) are bound by the provisions of this By-Law (refer clause 77 of the Constitution and Rules 4 and 21 of the Estate Rules).


3. In terms of the By-Law all residential properties within the Estate are zoned as Conventional Residential zone.


4. The primary permitted land use within a Conventional Residential zone is that of a dwelling house (“house”).


5. Subject to what is set out hereinafter, a house may only be occupied by a family as defined in the By-Law.


6. A family is defined in the By-Law as:

“family (gesin) means:

(i) One person maintaining a common household, with or without dependent family members who are either parents and/or children and who are financially and otherwise supported by such person; or

(ii) Two or more persons who are married in one civil union, maintaining one common household, with or without dependent family members who are either parents and/or children and who are financially and otherwise supported by such persons; or

(iii) No more than two unrelated and independent persons (with no dependents) who earn or receive independent income and who maintain a common household.”


7. In the circumstances, houses may only be occupied by (and consequently may only be rented to) one person maintaining a common household with his/her dependent family members or two or more persons who are married in one civil union, maintaining one common household with their dependent family members, or no more than two unrelated and independent persons, with no dependents.


8. Members and Occupants are obliged to comply with the By-Law and the Association has a right to enforce the By-Law.


9. Whilst it has been practice (both prior to the implementation of the By-Law and post its implementation) to rent properties to more than two unrelated and independent persons, such actions will no longer be allowed or condoned by the Association.


10. The Association is, however, mindful of the fact that there are existing/current agreements of lease that have been concluded with more than two unrelated and independent persons and that certain Members have committed to leasing their properties to more than two unrelated and independent persons for the period ending 31 December 2021.


11. Taking the aforementioned into account, the Association has decided to afford all Members a period of grace until 31 December 2021 to ensure that they comply with the By-Law.


12. In the circumstances, the Association has decided that:

  • 12.1 No Member may, as from the date of this Notification, conclude an agreement of lease which will have the effect that such Member’s property will be leased to more than two unrelated and independent persons for any period of time after 31 December 2021.

  • 12.2 Members who conclude agreements of lease in contravention of 12.1 will be in breach of the Estate Rules and will be sanctioned in accordance with the breach provisions of the Estate Rules.

  • 12.3 Any person occupying a property in contravention of the By-Law as from 1 January 2022 will not only be in breach of the Estate Rules and, as such, subject to the breach provisions as set out in the Estate Rule, but will also be refused biometric access into the Estate.