Boundary Walls and Fences Compliance Guide for South Africa
Navigating the intricate legal landscape of boundary walls and fences can be a challenge for homeowners. We frequently receive inquiries from individuals across South Africa seeking advice or assistance with issues related to these structures, often stemming from disputes with neighbors over offensive or legally questionable constructions.
While specific laws govern boundary walls and fences, it is crucial to familiarize yourself with your local authority's policy on these structures. Ultimately, what is permissible or not hinges on their regulations.
Understanding Boundary Walls and Fences Regulations
In the realm of urban development, comprehending the regulations surrounding boundary walls and fences is crucial. The City has established clear definitions and specifications to guide property owners and assess proposals under the "new" policy.
Definition of Boundary Walls and Fences:
For policy implementation, the City defines a boundary wall or fence as any structure erected on or next to a property boundary. This includes enclosing structures and additional security devices like spikes, electric fencing, barbed or razor wire affixed to or on top of it.
Specifications for Compliance:
The City has outlined specific specifications for boundary walls and fences based on their location:
Street Boundaries:
Solid boundary walls limited to a maximum height of 1.8m.
Palisade-type fences capped at 2.1m.
Boundaries of Public Open Space:
Similar limitations as street boundaries.
Lateral Boundaries:
Solid boundary walls not exceeding 2.1 m.
Palisade-type fences restricted to 2.1 m.
Additional Considerations:
National Building Regulations categorize walls and fences up to 1.8m as "minor building work," not requiring plans.
City regulations permit a maximum height of 2.1 m, subject to specific rulings.
The District Manager holds the discretion to relax height requirements.
At least 40% of the surface area of street boundary walls, including gates, must be visually permeable.
Measurements for height consider the existing ground level, with exceptions for soil retention by a wall.
Retaining walls necessitate plans.
Intersection angles affecting boundary wall height are regulated.
Electrified and security fencing must adhere to these requirements.
These stringent guidelines aim to strike a balance between security, aesthetics, and urban planning. Property owners are encouraged to align their proposals with these specifications to ensure compliance with City regulations.
Key Considerations: Positioning and Ownership
Positioning Boundary Walls and Fences:When residential land is zoned, properties are surveyed and pegged, but these pegs are typically removed once construction begins. Correctly positioning boundary walls and fences is paramount. In case of disputes, a land surveyor may need to resurvey the property according to the official diagram lodged with the Surveyor General in Pretoria.
If you opt to build a wall or erect a fence on the boundary, ensure it stays within your property lines. This includes the foundations, making the structure your ownership. The law safeguards the stability of the structure, prohibiting actions on the neighboring side that may threaten its integrity.
Ownership of Boundary Walls and Fences:
While ownership is usually presumed to be shared if there's no proof of a wall wholly on one property, neighbors often agree to share costs, leading to shared ownership. Different local authorities have varied perspectives, stating that each side is owned by the respective property owner or declaring joint ownership.
In shared ownership scenarios, neither owner can make alterations to the wall without the other's consent. Any damage requires both parties to contribute to repair costs.
Special Considerations for Agricultural Areas:Different laws apply to farmland, introducing additional nuances to the regulations governing boundary walls and fences.
Understanding these legal intricacies is crucial for homeowners to ensure compliance and peaceful coexistence with neighbors. Always consult local authorities and, when in doubt, seek professional advice to navigate the complexities of boundary walls and fences.
By-laws for Safety in Boundary Walls and Fences
In the quest for enhanced safety and community well-being, the City Council recognizes the need for comprehensive by-laws governing boundary walls and fences. Addressing concerns related to safety, especially in the context of electric fences, has become imperative due to rising complaints from the community.
Key Points and Concerns:
Safety Complaints:
The absence of a standardized policy citywide or specific by-laws addressing safety has prompted community members to voice their concerns. Electric fences, in particular, have become a focal point of apprehension, with worries centered on the safety of children and the potential for accidental contact with live wires.
Material Aesthetics:
Beyond safety, grievances have surfaced regarding the use of unsightly materials and their adverse impact on the character and visual appeal of specific areas. Recognizing the importance of maintaining the aesthetic integrity of neighborhoods is crucial in fostering a harmonious living environment.
Crime Rate Concerns:
Acknowledging the prevailing high crime rate, the community underscores the critical need for robust measures to protect life and property. In many neighborhoods within the City, prioritizing the safety of residents has become a shared imperative.
In response to these concerns, the City Council is actively exploring and formulating by-laws that not only address safety issues but also consider the visual impact of boundary walls and fences. The objective is to strike a balance between promoting safety and preserving the character and aesthetics of our neighborhoods.
By establishing comprehensive regulations, the City aims to create a safer, visually appealing urban landscape where residents can thrive without compromising on security.
Navigating NBR and Building Standards Act
In navigating the complexities of erecting boundary walls or fences, it's imperative to understand the pivotal provisions outlined in Section 4 of the National Building Regulations and Building Standards Act, No 103 of 1977.
Key Provisions of Section 4:
Written Approval Requirement:
Applicants must obtain prior written approval from the local authority after submitting plans and specifications.
All applications must be in writing, using the form provided by the local authority.
Submission should include the applicant's name and address, along with the necessary plans and specifications in compliance with National Building Regulations and Standards.
Consequences of Non-Compliance:
Any contravention of the Act constitutes an offense.
Offenders, if convicted, may face a maximum fine of R100 per day for each day spent erecting and building illegally.
Application of Section 13:
The Building Control Officer emphasizes the applicability of Section 13 of Act 103, specifically addressing work of a minor nature.
Section 13 pertains to "Exemption of buildings from national building regulations and authorization for erection." It grants building control officers the authority to exempt property owners from plan submission requirements or authorize building erection under specified conditions and directions.
It's essential to note that this reference to Section 13 extends beyond minor building work, focusing on walls and fences, emphasizing the City of Cape Town's commitment to ensuring adherence to regulatory frameworks.
Understanding and complying with these provisions is paramount to a smooth and legal process in erecting boundary walls and fences.
Sources:
1. https://www.sans10400.co.za/boundary-walls-and-fences/
2. Boundary Walls and Fences Policy. City of Cape Town, Directorate: Strategy & Planning; Department of Planning & Building Development Management; Development Policy & Processes Branch. January 2009.
3. Reader's Digest Family Guide to The Law in South Africa. The Reader's Digest Association South Africa (Pty) Ltd. Cape Town. 1986.
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