Modern house with pool

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  1. Hi Basil,
    I have known the people from Terraforce for many years and I put your question to them as the experts, and this is the reply:

    It is necessary to call in an engineer to help with walls higher than 1.2m as retaining walls hold up tremendous weight and need to be properly designed to prevent them from collapsing.
    This is a guideline only but should help you find the right answers:
    1. Retaining walls over 1m in height should be designed by professionals, with calculations provided by structural engineers. They will assess soil conditions as well as the loading on the walls, contributing essential information to the design process. To ignore this could not only damage your property but potentially cause accidents should structures collapse due to a lack of experience in construction.
    2. Care should be taken during the construction of any retaining wall, as excavated banks can easily collapse due to soil type or heavy rain. Seek professional and skilled advice. Without careful planning, problems that arise out of shoddy or unsafe work could lead to a project taking much longer than it should.
    3. Soils such as heavy clay will have an impact on the design of retaining walls. These soils shrink when dry and expand when wet, creating additional problems for construction and maintaining the structure’s integrity through the seasons.
    4. Always consider the drainage implications of creating retaining walls and structures of any type. Inadequate drainage is likely to have serious implications in the long term.

    As far as the servitude, and I assume you mean “pipe” servitude, then the same applies, a low wall should be OK but any higher get the assistance of an engineer. As far as tar is concerned then yes you can lay tar over a servitude, but just be aware that if there is a problem with the pipe in any way then the tar will have to be dug up and relaid, more than likely at your expense. I hope this helps.

  2. Hi Mark,
    It all depends on the zoning of the land that you intend buying. Different zones have different by-laws saying what percentage of the area of an erf is allowed to be built on, and how many dwellings and the number of people allowed to live in those buildings. The title deeds of a particular erf could also have restrictions registered on it that limit the number of houses and how big or high they are allowed to be. So I suggest that before you buy get the estate agent to get the relevant cadastral sitemap, erf number and zone restrictions for you to look at. You can take these to the Ethekwini council and double check before investing your money.

  3. Hi, I’d like some advise please. I’m in the process of purchasing a property. It’s a deceased estate, and didn’t think the voetstoots clause would be an issue. However, when requesting the plans, I picked up that the house on the plan does not match the existing property at all. The sellers attorneys said “you have no recourse whatsoever as you purchased the property voetstoots”. Surely there’s limits to what is considered voetstoots. Such latent defects has not specifically been excluded in the deed of sale. Please assist.

  4. Hi

    Can anyone one please help i have recently bought a property were a storm water pipe runs through the land i am considering building can i to so?

  5. Hi Penny

    I have just discovered this useful site and I think it is amazing. Can you please assist me? I would like to build my own house in an estate, using my own money and my own builders. Will I be breaking any rules since I am not a registered builder?

    Paying off a bond for 20 yrs is not an option since I am not too far from retirement. Please tell there is way

  6. Hi Penny

    Trust you are well.

    1. Please advise me when is there a need for a building plan submission for a Loffelstein Wall i.e, is it regarded as a temporary/permanent structure?

    2. Can a Loffelstein Wall or Tar paving be layed over a servitude?

  7. Hey there! I’m at work surfing around your blog from my new apple iphone! Just wanted to say I love reading through your blog and look forward to all your posts! Carry on the fantastic work!

  8. Angie, your best bet is to get quotations from three or four people. Alternatively go by personal recommendation from friends. You could also post this question on our Facebook page – perhaps someone will have an idea. Just say which area you live in.

  9. thank you penny for your prompt response.

  10. Boundaries as such are not set by the National Building Regulations Basil. This falls under the local authority by-laws. I personally have never been asked to submit title deeds when submitting plans (and we have built in areas governed by two different local authorities), but the local authority may call for these. There are certain things that are found only in the title deeds – e.g. servitudes.

  11. Hi Penny

    1. Does the National Building Regulations have a section that covers building over a cadastral boundary, ie. doe the NBR prevent me from building over a cadastral boundary?

    2. Is it a requirment to submit title deeds when submitting a building plan to the Local Authority, in terms of NBR?

    Thanking you in advance.

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  14. Hi, who can tell me what a reasonable rate for building plans is? We are wanting to enclose an outdoor braai area (approx 30m2) and make some interior changes (break through a wall or 2). How do I know if the quote I’ve been given is competitive?

  15. hi.need help.I want know if once a land is bought,is there a law holding me from building duplexes,fourplexs etc?…I’m planing on buying a land soon but I want to build something that can hold four families.(2 families on top n 2 on bottom).what must I do in order to get my huge buildings up coz I’m venturing of into real estate.also if there is a rule what must I do so that the ethekwini can grant me permission to build a fourplex? I want to become a owner of many buildings on the future.many thanx guys

    Tristero

  16. James, this is covered in an article under the section on Roofs, viz. Waterproofing Roofs. I have given you the link.
    The key paragraph is this one:
    “All roofs with a pitch less than 26 degrees or more than 45 degrees, and all roofs in coastal areas (to a distance of 30 km from the sea) should have an undertile membrane that is loose-laid so that water can drain between the rafters. If an undertile membrane is properly laid it will provide a very effective, impermeable barrier against wind-driven rain and dust. For this reason the SANS states that underlays should be provided for all slate and tiled roofs, no matter what the pitch (or slope), and where ceilings are not installed.”

  17. Kevin – damage to your property? Probably not. You would probably have to sue your neighbour for damages. If I were you I would report him to the local authority!

  18. Jonny I don’t believe there is anything in the NBR that deals with heritage buildings. Contact the SA Heritage Resources Authority. They should know.
    The City of Cape Town’s new Zoning Scheme Regulations that came into effect in March this year allow people to build right up to the boundary without neighbour’s consent (though they do still need plans). I can’t find anything in these by-laws that mentions distance to boundary walls > heritage buildings. It does say though that the National Heritage Resources Act, 1999 (Act 25 of 1999) must be complied with. But I can’t immediately see anything that gives this kind of guidance. I have given you the link to download the legislation. It seems to concentrate on “sites” – as does Part A of SANS 10400 – i.e. building on a heritage site.

  19. Hi, we own a heritage house in Cape Town. A new apartment building is being constructed behind our home and is 3 stories high, close to the boundary wall, but I believe within regulation. What does the legislation say about building next to a heritage building (residential)?

  20. I have a neighbour who has done several alterations to his building. He has removed internal wall upstairs downstairs and converted his garage into a bed room without planning permission.We are sectional title ( 3 units ) joined together. My question is will insurance pay out if there is any structural damage from storms ect

  21. James Baker says:

    Is there a mandatory requirement for new construction or renovation work to install a plastic membrane between the roofing tiles and the trusses to provide run-off protection from any water ingress assocaited with storms?

  22. Stuart if the fence is in the wrong place, then you don’t have any recourse. But you can demand that your neighbour has an independent survey (by a qualified and registered land surveyor) done to prove that it is in the wrong place! Don’t just take his word for it.

  23. Hi – We live in a fenced complex that has been established for over 20 years. Our neighbour is now disputing the boundary fence position. Do they have any recourse after the fence has been in place for so long?

  24. Jacque you need to contact your local authority i.e. council or municipality.

  25. I need a permit for workers on site – where can I get this permit – for instance window cleaners in a corporate office. 3 story building.