Back off my boundary!

When considering renovations to a property, there are typically requirements in place that stipulate how far a building must be from a road or a boundary wall.

Building and renovation regulations

Regulations regarding the building and renovation of properties vary from municipality to municipality and are dealt with by the Town Planning or Building Department. The specific values of the required distances between buildings and boundaries will vary slightly based on the local by-laws and the details should be obtained from the local council. In some cases, there is no minimum distance in which case a building can be erected right on the boundary line, while in other situations, a building must be three metres or more from the boundary.

It is important to remember that any building or renovation should be approved before any work is commenced to avoid costly and time-consuming delays or changes.

In addition, it must be noted that the requirements and regulations will depend on a number of factors. These include the building type (e.g. whether the building is a residential home, an out-building, or a garage), the zoning of the property (e.g. whether the building is for residential or commercial use) and any special allowances applied for and approved (e.g. whether the owner applied to build closer to the boundary wall than typically allowed and this was agreed to by the neighbours and approved by the council).

This information is freely available from the relevant council and it is recommended that anyone looking at building or extending a structure access this information before proceeding with any plans.

Follow Snymans on Facebook for more legal advice, information and news about property.

Recommended for you

The difference between movable and immovable property
Legislative Guidelines

The AARTO Act: constitutional or unconstitutional?[post_view before=""]

The constitutional validity of the Administrative Adjudication of Road Traffic Offences (AARTO) Act and the Administrative Adjudication of Traffic Offences Amendment (AARTO Amendment) Act was recently challenged in the matter between the Organisation Undoing Tax Abuse (OUTA) v The Minister of Transport and others.

Read More
My name has changed - what happens to my property’s title deed?
Legislative Guidelines

Universal Partnerships: what is required?[post_view before=""]

There is currently no statute in South Africa that regulates the relationships between cohabitees if they are not formally married.

Read More
Minors and immovable property
Legislative Guidelines

CSOS and the courts: where do I take my dispute?[post_view before=""]

Here’s a look at a recent case which dealt with a dispute between the body corporate and residents in a sectional title scheme.

Read More
Your Trusted Partner in Residential and Commercial Property Transfers
Legislative Guidelines

The deal collapsed – is the attorney to blame?[post_view before=""]

The case of Nienaber N.O. and van den Berg (the plaintiffs) versus Nelson and Kitching Attorneys (the defendants) highlights the criteria of the duty of care a conveyancer should be aware of when providing services to clients. In this case, the plaintiffs instituted action alleging that the defendants owed them a duty of care as conveyancers and acted negligently and in breach of such duty. Let’s take a closer look.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Legislative Guidelines

Court ruling: Sale of immovable property – Alienation of Land Act[post_view before=""]

In the recent case of Potgieter v Village and others, held at the High Court of South Africa, Northern Cape Division, Kimberly, the applicant applied for an urgent interdict to restrain the first and second respondents from passing transfer of a specific property. The application for the interdict was pending action by the applicant to claim transfer of the property. In this case, both parties to the contract were represented by their attorneys.

Read More

Need more Snymans content?

Sign up for our monthly newsletter.

Back off my boundary!

When considering renovations to a property, there are typically requirements in place that stipulate how far a building must be from a road or a boundary wall.

Building and renovation regulations

Regulations regarding the building and renovation of properties vary from municipality to municipality and are dealt with by the Town Planning or Building Department. The specific values of the required distances between buildings and boundaries will vary slightly based on the local by-laws and the details should be obtained from the local council. In some cases, there is no minimum distance in which case a building can be erected right on the boundary line, while in other situations, a building must be three metres or more from the boundary.

It is important to remember that any building or renovation should be approved before any work is commenced to avoid costly and time-consuming delays or changes.

In addition, it must be noted that the requirements and regulations will depend on a number of factors. These include the building type (e.g. whether the building is a residential home, an out-building, or a garage), the zoning of the property (e.g. whether the building is for residential or commercial use) and any special allowances applied for and approved (e.g. whether the owner applied to build closer to the boundary wall than typically allowed and this was agreed to by the neighbours and approved by the council).

This information is freely available from the relevant council and it is recommended that anyone looking at building or extending a structure access this information before proceeding with any plans.

Follow Snymans on Facebook for more legal advice, information and news about property.