Boundary, Building Lines, Walls & Fences
How far from the boundary wall must I build?
We get a number of questions asking “What are my building lines” and “How close to the boundary am I (or my neighbour) allowed to build?” The site plan above is a sample and is only a guide to the approximate building lines and distances that the Building Regulations allow a house as well as other out-buildings to be built.
All the building lines & measurements on the plan are in metres and show the distance from a road at the bottom and at the top, from a public open space. You will also see that the side measurements that go on to the neighbour’s properties are less than that for the road and the open space.
We must point out that this is just a guide. All properties have their own characteristics and features and the boundary lines distances may vary.
Boundary lines and Your Local Authority
You MUST check with your local authority even before you have plans drawn up to avoid having to re-draw and re-submit the plans again and incur extra delays and costs. There are roads, public open spaces and servitudes that all have their own unique set of building lines & boundary requirements.
If you want to build within the specified building lines you will have to apply for a waiver from the local planning department. They will, more than likely, require you to get your neighbour’s consent in writing before you can get approval.
The exact distance from the boundary that you are allowed to build a house in South Africa depends on the municipality and the zoning regulations in place for the specific area. Generally, the minimum distance is about 1.5 meters (5 feet) from the boundary line.
More specifically, the local municipality should be contacted to determine the exact allowable distance from the boundary line in that particular area.
Hi Johann,
This is a tough one for us to answer as the National Building Regulations are guidelines that local authorities have to follow. They also are autonomous and each Municipality has its own set of bye-laws. From what you have said it would seem to be more of a legal matter as to which law is in force here. If your original foundations are still inplace then you are just replacing what was allowed previously and not building from new. This is a problem that you might have to consult an attorney about. We would like to know the what happens for future reference so please keep in touch and let us know the outcome.
Hi Ronel,
Your fence is allowed to be built on the boundary line, in your case the 3.72m line, but make sure it is not over, rather a little inside your property to be safe. It is the same as any house with a street front where you are allowed to build a fence/wall on the street front boundary and the house building line is inside the boundary by a distance set down by your local bye-laws.
We have a driveway that services 3 units (Pretoria area) – on the plans there is a servitude of 3.72 meter from the boundary wall (the driveway). Then there is a building line at 4.5m Can we put a fence on the 3.72m mark or only at 4.5m mark?
Hi I have a question problem and hope someone can assist.
I have an approved plan (2006) with a carport that exceeded the 4.5m building line from the road.
My house burned down in March 2013 and I moved some wall etc. I drew up new plans, but I cannot rebuild that carport because of my title deed.
Everything was under one roof from the carport to right through
I am building om my existing foundations (not bigger not Smaller) except for the walls i moved indoors.
Does the title deed still come into play in such a scenario since the title deed restrictions only came into play in 2011
Regards
Hi there, we have recently bought a panhandle stand and started the development. The boundary wall is actually situated 100% on our property, for most part. We approached the neighbour to upgrade the existing wall (a wooden wall on top of a stone wall) to a proper brick wall. We requested him to financially contribute to the project which he refused. He then continued on to indicate that I would require his consent to errect the improvement.
I want to check the following:
Do I require his permission to errect a wall at the same height as the current precedent he set?
Given that the wall is on my property do I need to consult with him at all if I wanted to replace existing woodend (rotten) wall with a much improved brick wall at my cost?
Can I force him to remove the vegatation that he acknowledged that he planted, in order for me to errect the boundary wall? Can I remove it at his cost?
If he has errected lights on top of the wall where it forms indeed the boundary and the light encrouges on my side of the fence, can I request him to move the lights to 100% into his property?
Bev, Generally permissions of this sort are regulated by zoning rather than title deeds. And this is laid down by the local authority. As far as I know Cape Town is the only local authority that does NOT required permission from neighbors – however the City does have other parameters that need to be met. Check with your local authority. The problem with a braai on the boundary is often that smoke ends up in the neighbour’s yard, which might be construed as a nuisance.
What if your title deeds have no restrictions at all. Do you still need permission from a neighbour to build within the building lines? What if the structure is a one walled structure such as a braai with chimney and side ‘tables’ perpendicular to the boundary? There is no roof.
Thank you for your response.
I was thinking more when one’s neightbour has a 2m building line and the the roof overhangs this by 800mm or so (but obviously within the boundary line)…
Hi Edward,
If your building line is well within your property, then yes. But building lines can be right on the boundary. The problem comes in when councils do the assessment of land used for rates and taxes. They work out rates on the areas covered by the roof. How do they work that one out when it overhangs your neighbor? Does he pay some of your rates? I don’t think so. If you are not certain then contact your local council and try and get clarity from them.
Wow – everyone I’ve spoken to says it’s the walls – and the the roof can ‘hang’ over the building line…
The roof overhang Edward.
No Mary-Anne they can’t. Relaxation of building lines is specific. Furthermore your neighbour will require approved plans to be allowed to build on a habitable structure. I suggest you contact the planning division of your local authority and ask them to send a building inspector to investigate. BTW in most parts of SA relaxation of a building line requires neighbour’s consent. Cape Town is the only area I am aware of that allows people to build to the boundary without neighbour’s consent – within certain parameters and without relaxation of the need for plans.
if a building line is relaxed by the municipality to 0m to accommodate a car port, can the neighbour (the applicant) subsequently erect any other structure e.g. a Granny flat? What legal objection can I use? of course I feel it is my right otherwise the municipality wouldn’t have this by-law?
Hi – is the building line defined as up to where the walls can be built to, or the entire structure (including roof overhang?
Hi Jenny-Lynn,
I have replied to you on our other site “Building Regulations” with a link to get the form. 🙂
Does anyone have an example of the letter of consent from your neighbours to encroach on the building line? Thanks.
Tracy as far as I know Cape Town is the only place where it is no longer necessary to get neighbors consent to build on a boundary providing you have plans and abide by the other local authority requirements – this includes a specified length along the boundary that you can build + area of the property. You can check with the local authority whether your neighbour submitted plans and/or was given permission to build. In terms of the National Building Regulations the local authority has the right to allow certain construction without plans. See Part A of SANS 10500.
You would also need plans and depending where you live, might need to apply for permission to build on or near a building line (in which case you will need neighbour’s consent). But if you do, then your neighbour probably built illegally.
Hi Jaco,
This does not sound right. I have not seen the situation so I cannot judge but it does sound as though something not in keeping with the regulations has happened here. If it is a major problem for you then you must contact your local building inspector and ask his advice.
Hi, my drain, kitchen and batheoom outlet is in my neihgbors yard and don’t have access to. The boundary wall stops at my room.
Hi Dave,
If the wall is definitely on his side of the boundary then essentially the wall belongs to him. You will need to get his consent to attach anything to the wall. You can read more about this here: boundary-walls-and-fences
My (uncooperative) neighbor built a precast wall just on his side of the boundary.
Am I permitted to secure this wall with spikes on top?
Attached to my side, but visible to him?
Attached to my side but invisible to him?
Hi Heide,
I have been looking trying to find a specitic reference in the Johannesburg by-laws that refers to a “canopy” overhanging the building line but have had no success. The only reference I can find is to businesses having a canopy on the shopfronts overhanging the street boundary line. There are rules relating to the area covered as a percent of the erf size but this depends what zone you are in according to the by-laws. They also refer to any extension or addition adversely affecting neighbours. I do not think you will have any problem, but I would give the local council a call and ask them.
Hi Louis,
Each municipality has the right by law to make its own zoning areas and by-laws that relate to each zone. So you will need to establish from your local authority, first the zone that you are in and secondly what by-laws affect your area. These by-laws will have all the restrictions thay you are looking for. Contact your local authority, we have a full list on our other site hare: municipality-contact
Hi Cheyne,
It is totally in line with the National Building Regulations.
This is an extract from the beginning of PART-A of the Regulations:
(1) The requirements of the National Building Regulations shall be complied with by –
(b) satisfying all functional regulations by –
(ii) reliably demonstrating, or predicting with certainty, to the satisfaction of the appropriate local authority, that an adopted building solution has an equivalent or superior performance to a solution that complies with the requirements of the relevant part of SANS 10400.
This means that every Local Authority has the right to enforce their by-laws in terms of the National Regulations.
The National Regulations 2008 under “minor building work” states (extracts):
minor building work
as contemplated in section 13 of the Act means –
a) the erection of any –
ix) any free-standing wall constructed of masonry, concrete, steel, aluminium or timber or any wire fence where such wall or fence does not exceed 1,8 m in height at any point above ground level and does not retain soil.
I see that Penny answered a similar question from you yesterday on our Building Regulations site.
Cheyne it is the law, you might try and get away with it for a while but I think it will catch up you eventually.
the limit of 1.8m for a solid wall to the front of the property is not enforceable at all.it is not in line with national regulations.