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Comment on the proposed National Heritage Resources Act (NHRA) exemption areas

The City of Cape Town and Heritage Western Cape (HWC) are calling for comments on the proposal to exempt demarcated areas from the requirements of Sections 34 and 38 of the National Heritage Resource Act (Act 25 of 1999).

Heritage Western Cape will consider the implementation of the following sections of the National Heritage Resources Act 25 of 1999 (NHRA):

Section 34(3): Exempting specific areas from compliance with section 34(1) of the NHRA. The effect of these exemptions will be that application to Heritage Western Cape for a section 34(1) permit to alter or demolish any structure within the defined areas will no longer be required.

Section 38(9): Exempting specific areas from compliance with section 38(1) of the NHRA. The effect of these exemptions will be that notifications to the responsible heritage authority regarding the provisions of section 38(1) within the defined areas will no longer be required.
Learn More

See more details about each proposed exemption area by selecting from the options below.

What's this about?

A focus of the City of Cape Town's integrated District Spatial Development Frameworks and Environmental Management Framework (DSDF-EMF, 2023) Implementation Plan is to investigate mechanisms to incentivise development and/or streamline the development application processes in spatially targeted areas, i.e. Development Focus Areas and Urban Support Focus Areas (DFAs and USFAs, respectively). 

In terms of Section 34 and Section 38 of the NHRA: 

  • Any person who wants to alter or demolish a structure older than 60 years must apply to HWC for a permit (Section 34) to do so. 
  • Any person planning to develop a property or properties that trigger a Heritage Impact Assessment process (Section 38) must complete a notification of intent to develop, and depending on the outcome of the notification, may be required to undertake relevant heritage specialist studies to assess potential negative impacts on heritage. 
The NHRA also makes provision for exemptions from the requirements of Section 34 and 38 within a defined geographical area. If approved, no further heritage permissions in terms of S34 and S38 are required in the defined geographical area(s) following the publication of a notice in the Provincial Gazette. The City of Cape Town's Urban Planning and Design Department in collaboration with the Environmental and Heritage Management Department and appointed heritage specialist team has undertaken a NHRA exemption areas investigation. 

Depending on the outcome of the investigation, an application will be submitted to HWC to have a number of conservation worthy heritage resources placed on the Heritage Register. 
The application includes exemption from the requirements of S34 and S38 in defined geographical areas for selected areas located in the Voortrekker Road Corridor, as well as the following DFAs: 
  • Atlantis 
  • Airport Industria
  • Flamingo 
  • Kuils River 
  • Mitchells Plain 
  • Ottery/Lansdowne

Contact us

You can comment on each of the applications by selecting an area from the options above. If you need help using this website, please get in touch at these details.

Email Address

Phone Number

Office hours: 021 834 1602


+27 60 524 7676