Stormwater Disposal

135 Comments

1. Hi Desmion, Thank you for your detailed query. Water drainage issues between properties can be very complex and frustrating, particularly when there are steep slopes involved. Below is some advice to help you navigate this situation and find an effective resolution:

   1. General Understanding of Legal Responsibilities

   Under South African law, neighbors have mutual obligations to ensure water runoff from their properties does not cause harm to the adjoining property. Section 30 of the National Water Act, 1998 (Act 36 of 1998), may provide some guidance in terms of water management and stormwater drainage. However, the local municipal by-laws also play a significant role in regulating boundary wall drainage and stormwater management.

   Generally:

   Your Neighbor’s Responsibility: The property above yours must manage their stormwater runoff responsibly and ensure it doesn’t cause undue damage or inconvenience to your property.

   Your Responsibility: If the natural flow of water is such that it runs downhill onto your property, you may not block its path entirely unless there is an alternative drainage solution.
   
   2. Addressing the Current Issues

   Here’s how you could approach the different parts of your problem:

   a) Dealing with the Water Accumulation on Your Neighbor’s Side

   Your neighbor is responsible for ensuring proper drainage on their property to avoid water pooling or runoff that could damage your property. The following steps may help:

   Hire a Qualified Civil Engineer: A civil engineer can assess the drainage issues and design a suitable stormwater management system for your neighbor’s property. This might involve installing drains, soakaways, or improving the slope and landscaping to redirect water appropriately.

   Swimming Pool Inspection: If you suspect the pool is leaking, your neighbor should have the pool inspected and repaired. Leaking pools can cause significant water problems for both properties.

   b) Water Seeping Under the Boundary Wall

   Water infiltration under the wall may indicate poor drainage on the neighbor’s side. Possible solutions include:

   Installing a French drain along the boundary wall on the neighbor’s side to collect and redirect water safely.

   Adding waterproofing and drainage solutions along your side of the wall to minimize seepage.

   Seeking input from a landscaper or civil engineer who specializes in drainage to evaluate both properties and propose solutions that will benefit both parties.

   c) Reopening the Drainage Holes

   If the boundary wall originally had drainage holes, closing them may have unintentionally worsened the problem. However, reopening them without proper measures in place could cause further inconvenience or damage.

   Instead of simply reopening the holes, consider proposing:

   A controlled drainage system: This could include piping that directs the water away from both properties, ideally to a municipal stormwater system.

   On-site water management: Your neighbor could install systems to retain water on their property, such as rain gardens or catchment tanks.

   d) Responding to the Neighbor’s Attorney

   Since you have received a formal letter from your neighbor’s attorney, it is important to respond professionally and legally. Here’s what you can do:

   Consult a Legal Expert: You may want to engage a property lawyer or mediator to help draft a response.

   Request Collaboration: Propose a mutual consultation with a civil engineer or drainage expert to evaluate the situation and recommend solutions.

   Highlight the Natural Flow of Water: Explain that while you are willing to cooperate, the water drainage should not cause undue harm or damage to your property.

   3. Engaging with Municipal Authorities

   Your local municipality’s Stormwater Management Department or Building Control Office can provide guidance and potentially intervene. Here’s what you should do:

   Report the Issue: Contact the municipality to report the drainage problems and seek advice on by-laws that govern stormwater runoff and boundary wall drainage.

   Request an Inspection: Ask the municipality to inspect both properties and provide recommendations or enforce compliance if necessary.

   Contact Details: Look for the relevant department in your local municipal office, such as Tshwane Municipality for Centurion or the equivalent in your area.

   4. Specifying the Scope of Work

   When hiring a contractor or expert, clearly define the scope of work to avoid miscommunication. Some elements to include:

   Assessment of the Current Drainage Problem: Include a site inspection and evaluation of both properties.

   Proposed Drainage Solutions: Ask for recommendations that meet municipal by-laws and address both water runoff and seepage issues.

   Compliance with Regulations: Specify that any work done must comply with local building regulations and stormwater management by-laws.

   Cost Estimates: Request detailed cost estimates for the proposed solutions.

   5. Recommended Experts

   You may need a combination of the following professionals:

   Civil Engineer: To evaluate drainage issues and propose technical solutions.

   Landscaper: To implement environmentally friendly solutions such as rain gardens or improved ground cover.

   Plumber: If there are issues with pipes or water systems causing leakage.

   This is a complex situation that requires collaboration and professional input. While you may need to compromise by allowing controlled drainage through the boundary wall, your neighbor is equally obligated to ensure that the water does not cause damage to your property. Working with the municipality, legal experts, and contractors can help resolve this issue amicably and in compliance with regulations.

2. Thank you for your query! Modifying or moving a wall that contains a natural stream is a sensitive matter due to the potential legal, environmental, and structural implications. Here’s what you need to know and do:

   1. Obtain Professional Guidance

   Consult an Engineer: A civil or structural engineer should assess the wall and stream. They will determine whether altering the wall will compromise its stability, water flow, or the safety of your property and surrounding areas.

   Environmental Specialist: Streams, even those running underground, may fall under environmental protection laws. Altering the flow or structure without proper permissions can lead to fines or legal consequences.

   2. Check with Your Municipality

   Local Building Authority: Contact your local municipality to verify zoning and building regulations for your area. Since the stream likely connects to public stormwater infrastructure, you will need municipal approval to make any changes.

   Stormwater Department: Streams and stormwater systems are usually managed by the municipality, and any modifications to these systems must comply with their regulations.

   Building Plans: Ensure your property’s building plans are up-to-date and verify if the existing structure is reflected on the plans. If you plan to make changes, updated plans may need to be submitted for approval.

   3. Environmental Considerations

   The stream may be classified as a natural resource, meaning there could be environmental restrictions in place. Altering its path, even slightly, might require approval from environmental authorities, such as the Department of Water and Sanitation or a regional environmental management agency.

   4. Approval Process

   Permission: If the municipality and other relevant authorities approve, you can proceed with plans to modify the wall. This might involve submitting detailed designs, especially if the changes impact drainage or stormwater flow.

   Neighboring Properties: If the stream impacts neighboring properties, they may also need to be consulted or notified about any planned changes.

   5. Aesthetic Alternatives

   If permission to move the wall is not granted, you might consider working with a designer or landscaper to make the wall more visually appealing. Options could include cladding, paint, or incorporating plants to integrate the wall into the patio design.

   Before taking any action, start by consulting with an engineer and your local municipality. Unauthorized changes could result in penalties or even structural damage to your property. By following the proper channels, you can ensure that any modifications are safe, legal, and visually appealing.

3. Pingback: Building Regulations Section 3: Part R to Part X & XA

4. Good day, last year Feb we had unusually heavy rain and my property is higher than the neighbors behind me ,there is a 6ft precast wall there on my side it’s 4ft and on there’s 6ft ,the rain built up an I was standings in about 3ft of water so I knocked a hole in the slab to let the water run and it helped when my neighbor saw this they moaned at me and I said as far as I know rain water must flow and we need more holes in the wall for drainage otherwise the wall will fall over which happened this year Feb with the big rain and hail we experienced now they blame me and say I must replace the wall ,so who is actually at fault here please can you give me advise ,thank you Brian

5. Hi my neighbor made a storm water drain all their gutters and the neighbors water next door to them comes rushing in my yard is it legal to make a storm drain that’s directing the water straight to my yard the pipe is at least 3.5m away from the boundary wall

6. Hi Jacqui, This is a huge problem everywhere. According to the regulations the lower property does not have to accept the floodwater from the property that is above it unless this is agreed to with the neighbour or with the local council/municipality. The owner of the property is then (by implication) entitled to block drain holes in the wall. But when it comes to a complex where each unit is walled off then the Designers/Architects/Engineers (competent persons) should have made allowance for this in the planning and building of the complex. The focus of Part R is on the disposal of stormwater on individual sites, but also included interconnected complexes that have multiple dwelling units, including both cluster homes and retirement, village-type properties where management of common property is often controlled by a management body of some sort. I think that you probably need to raise an objection with the complex management or the body corporate and ask them to sort this out. Your last resort will be to have a meeting with your neighbour and come to an agreement with them. When you all agree then this should be put in writing and signed by both parties.

7. Hi, please can you help. I am in a complex with enclosed gardens. Three units are on a slope, I am in the middle. At the bottom of each enclosed garden wall there is a drainage hole. My neighbour being at the bottom has two holes one at the bottom and another between her and myself. With the rains we had there was terrible flooding. The water from the unit above me was rushing through the drainage hole towards me and in turn was running down until it went through to the unit below me. But water can’t and I noticed that the lasft drainage at the bottom of her yard has been closed with rocks and sand.
   Now I hear my neighbour is complaining about the water flow so she decided to closed the hole at the wall between her and I with rocks. Which of cause is going to cause major problems, and might eventually cause the wall between us to collapse.
   Your advise would be appreciated.

8. Hi
   I have a natural stream running under my simplex- it leads into an open area on my patio where a huge ugly circular shaped wall is built above ground level to waist hight. I lose a lot of patio space due to this besides the ugly wall. Is it legal for me to move the wall back to enlarge my patio space, and also to maybe square it off which will be more pleasing to the eye? The water then drains into a large storm water pipe. Who do I ask for permission?

9. I am a owner of a home. The property above me has an extreme slope from the street entrance all the way down to it’s boundary wall which separates the neighbor’s home from mine. In turn, these properties, which also slope further down are bounded by a street.

   Originally, there were storm water drain holes in the boundary walls separating the neighbor’s house and mine. Since I moved in to the lower property I have been cleaning up and fixing problems on the property. I also closed the water drain holes in the boundary walls that was above ground.

   This stopped my problem of the drainage coming from the neighbor’s property because it caused a unduly inconvenience as the water was splashing and running inside my bedroom window. There is a section where water has been accumulating during high rainfall on my neighbor’s side. It seems that previous contractors responsible for drainage on his grounds were negligent and there as been a fair amount of water sitting now on the upper side of the boundary wall. I do know that he has a swimming pool and can imagine that this is also causing a lot of his problems. I am still having a lot of his drainage filtering underneath the wall onto my property and this is causing a lot of flooding problems for me. I am still trying to find a solution to deal with that problem.
   It will be greatly appreciated if advise could be given on:
   1. Recommended contractors (should I enlist garden landscapers, plumbers/ architects) and experts?
   2. Does the City Council provide any assistance and advice, and which department/ designated title would I need to talk to?
   3. Various answers have been given but my neighbor keep telling me I have to open the holes in the wall for his water to drain and deal with the problem. I have received a letter from his attorney telling me that they give me 7 days to open the holes in the wall and receive the drainage water on my property.
   4. I want to re-visit the problem from a fresh start and I am looking for guidelines on how to specify my request for information and scope of work for any recommended contractor to respond to.
   Many thanks

10. Dear Errol – I am trying to contact you about your property in Cape Town. Please can you get in touch

11. Hi Penny

    Could you leave links to these reports you have done for further reading

    Thanks

12. I live in Winkelspruit another point all the plugs were under water as well and the power did not trip I had to put off the main switch.

13. Good morning,

    I wonder if anyone can help me we had a storm on the 25 July 2016, my flat flooded with suage water as all the drains were blocked on the premises and in the road. When I confronted the owner he told me the Municipality is liable for all my damages, I put in a claim against the Municipality and the report came back stating it is an act of God. I told them that if the drains were not blocked this would never of happened, they came and cleaned up all the drainage with tractore on the 31 July 2016 and until now we have had heavy rain again but all seems fine. In this process I had to get alternative accommodation for myself, and my son and his family. I did not pay rent that month as I did not have the money to do so, We could not live there until we cleaned up as my grand children did not have any clean or dry clothing, bedding and the smell was unbearable, my grand children are 3 years and 9 months they both developed severer diarrhea. Now the owner wants to evict us and the more I try and explain that the property must have liability insurance the less he is listening, the people next door moved as they said this is not the first time that this has happened, the owner is now renervating the flat next door and want’s us out so he can do the same for higher rent. His insurance must of paid out as he did not have money to fix anything when we asked. What can I do as I have to purchase electricity from him and he is making it very difficult to do so.

    I would appreciate and help on this matter.

14. The municipality should have ensured this was done when your neighbour built! Contact the planning department.

15. I live in a newly developed area in Cape Town & want to know who do I contact to get my neighbours to put stormwater drainage in place? (Currently we get flooded from 3 adjacent properties and our drainage cannot cope with the amount of water)

    Surely it is not my responsibility to confront them about regulations?

16. Nope

17. Hi there,

    But is water is running into my yard when it rains and previous tenants built a hole / drain in our wall into our neighbours yard for gravitational flow; is that not legal?

18. First of all, it sounds as if the drainage is inadequate. Providing drain holes for water to run onto neighbouring properties is not an acceptable solution. Approach the council’s planning department and ask for advice. For the record,
    The law (NBR and Standards Act) says (in Part P):
    – No person shall cause or permit stormwater to enter any drainage installation on any site.
    – No person shall, without the written permission of the local authority, discharge or cause the discharge of any water from a swimming pool, fountain or reservoir, either directly or indirectly, onto any public street or public place, or onto any site other than onto the site upon which such swimming pool, fountain or reservoir is situated. [While this does not mention stormwater specifically, Part P of SANS 10400 does]
    In addition, the Act says in Part R that “The owner of any site shall provide suitable means for the control and disposal of accumulated stormwater which may run off from any earthworks, building or paving.”
    SANS 10400-P (2010), Drainage states:
    4.10.1 Where the owner of a swimming bath, swimming pool, fountain or reservoir requires an overflow to lead away excess rainwater, such overflow shall be designed and constructed to discharge
    a) onto the site upon which such bath, pool, fountain or reservoir is situated, or
    b) into a suitable surface channel, stormwater drain or natural watercourse.
    [ie not onto a neighbour’s land]
    This might also be relevant:
    4.23 Common drains
    Drainage installations on any two or more sites, whether such sites are in the same ownership or not, may be permitted to discharge into a connecting sewer through a common drain.
    [You would need council approval]
    Information in our section that explains SANS 10400-R, Stormwater Disposal gives substantially more information.

    Unfortunately we are not in a position to recommend contractors, but you will probably need an engineer to do a proper drainage plan that will then need to be implemented by a qualified, registered plumber.

    Lastly, there is a very useful document available on this site (Document Downloads) or from the Department of Public Works (from 2000): GUIDE FOR ARCHITECTS CONCERNING DRAINAGE WATER SUPPLY AND STORM-WATER DRAINAGE

19. You cannot feed into the stormwater without council permission. You should not be running your grey water into the street! Why not run it into your own garden and use it for plants – maybe a veggie garden?

20. Drainage is the responsibility of the property owner. Your neighbour may not legally let water drain onto your property! I have written a lot about this on this site, with references to relevant clauses in the regs. You probably need to send them a lawyer’s letter.

21. There is nothing in the NBR about paving

22. It is your responsibility to handle drainage of water from your side. But if your neighbour has done an evacuation that caused the problem, I’d say she needs to sort out the problem. The problem is that maybe it isn’t because of what she did.

23. Good Morning. Any feedback from the moderators? Will greatly appreciate (With thanks to the great voluntary effort that you are both providing).

24. Hi ,when i moved into my house some 13 years ago ,i had put a wire fence with wooden poles, it was inbeded into hard soil,my neighbour excavated the land making a bank on her side,now over the years sand washed away the bank, my land have washed away some 1 metre away[25th july 2016] with the heavy rains ,whos responsible for this,i spoke to my neighbour to re-enforce her side of the bank,she is not agreeing to do nothing, so i can do my upper side,now the building inspector says i must have a grid with a channel for the surface water to go in,PLEASE give me some ADVISE or ,to which department can help me.

    help help

25. Hi,
    I have a shower on our roof terrace. The water run off for this is via a drainpipe that also caters for stormwater runoff from the terrace. This combined runoff is to a central point on the street (we live in a suburb of Cape Town with no council sewerage/stormwater drainage). My neighbor has an issue (not with amount of water or where the runoff is diverted to but) with the greywater from the shower in the dry summer months. He claims that the water is smelly and is making his dogs,who drink it, sick.
    Question: is the shower runoff allowed to join the stormwater runoff into the street or do I have to run it off into a separate greywater facility on my property?
    Regards

26. Hi i hope u will be able to help me. My neighbour has done some work to driveway which has resulted in all access water from heavy rainfall to come into our yard. We have tared our yard and allowed for our access water to go down our main drain which works fine until we experience heavy rains which means the excess water from our neighbour is bringing down all the soil from the bank. We have spoken to them countles times to get this problem fixed but they refuse to do anything saying that we must sort the problem out. We did have someone come out from the municipality to inspect their yard and he advised them that they need to sort out the storm water drain especially since they tamperwd with it and thats why the oveflow of water is affecting us. They still refuse to do anything saying that they not going to pay to fix a problem thats affecting us. Please advise on what our next step should be.

27. I am a trustee for a small complex. The property has an extreme slope from the street entrance all the way down to it’s boundary wall which separates the complex from a row of neighbouring free-standing houses. In turn, these properties, which also slope further down are bounded by a street and a further row of houses flanked by land,extending less than 10 metres leading into a spruit.

    Originally, there were storm water drain holes in the boundary walls separating the complex and the neighbouring houses. There is a section where water has been accumulating during high rainfall. It seems that previous contractors responsible for maintaining the complex grounds were negligent and there as been a fair amount of growth (duly removed) as well some sections where the holes are above the ground, some silted up and others blocked from growth on the other side of the wall inside the neighbouring properties.

    It will be greatly appreciated if advise could be given on:
    1. Recommended contractors (should I enlist garden landscapers, plumbers/ architects) and experts?
    2. Does the City Council provide any assistance and advice, and which department/ designated title would I need to talk to?
    3. Various contractors have been approached and their proposals have been so different from each other, making it hard to adjudicate the quotations.
    4. I want to re-visit the problem from a fresh start and I am looking for guidelines on how to specify my request for information and scope of work for any recommended contractor to respond to.

    Many thanks

28. Paving?

    Does the regulation stipulate, that when paving is laid, it must make a dip on either side of the Gardens Gate?? one “dipping” down toward the back of the Property & the “Dipping” in front of the gate facing the drive way????

29. Hi RP, The building regulations stipulate that gutters must be installed on all buildings and the stormwater channelled away to the street stormwater drains so as not to damage any neighbouring property. You must contact your local municipality and speak to the building inspectors to take action. As far as claiming damages this is a legal matter and you will have to consult a lawyer.

30. All the gutters on my neightbour’s large house have fallen off some time ago (2 -3 years). The house is surrounded by concrete paving. When it rains all the water from the roof and from the paving pours into my property and has complelety washed away all the soil. It is now starting to undercut the foundations from the servant’s quarters building. Who do I approach to force the neighbour to repair his gutters, and more importantly to pay for my repairs??

31. This sounds like dodgy plumbing Paul. The first thing I would do is check your plans and see if in fact this arrangement is legal. If it is, and if your neighbours are throwing fat, oil and so on down the drain, you need to talk to them about their actions. I would hold them liable for repairs. The council is only liable for their drains, not those on private property.

32. Good day,
    I hope you can help, I have a drain pipe running through my property with 3 manholes along the way, the manhole in my courtyard nearest to my kitchen door occasionally oveflows. Judging by the content (fats and oils etc) it is coming from the neighbors house as we never pour cooking oils and fats etc. down the drains, when this happens the smell is horrible and comes into the kitchen. Since this pipe runs through my property and is shared by the neighbors as well, who would be responsoble for unblocking/ repairing this, myself or the local KZN council? Thanking you in advance, Paul van der Nest

33. Normally you would drain a pool into a stormwater channel next to the road. I’m really not sure how this is likely to play out – but remember that generally it is better to be sued than to sue! Perhaps you should talk to the council rather than waiting for this “contractor” to persuade them that you are in the wrong.

34. Hi

    I drained my portable intex swimming pool to correct thé alignment , my drainage systém is well routed to thé outside not affecting any neightbours , láter that day I was confronted by a contractor complaining that my water messed up his tar on the road And that they tried to contact me without any success. No hé is saying that thé tar Will not Last And they need to inform thé local council to close off thé road for repairs again.

    Can i be held liable for thé damages ? Firstly nobody informed me to stop , although they said they tried by nobody answered, secondly , are they not trying to prolong théir work for extra cash perhaps , using my water as an excusé ?

    What to do should thé council decide to bill me for damages ?

    Regards
    M

35. Thanks

36. My comment was that IF this was “a stormwater drain” you cannot block it. But if it is drainage holes (different entirely) then yes you can.

37. Hi Penny

    The holes are drainage holes at the bottom of our boundary wall, I closed them off because of too much water coming from the neighbours side during heavy rains. If he is legally obliged to take care of his own storm water, why can’t I close up the holes?

38. The law states: “The owner of any site shall provide suitable means for the control and disposal of accumulated stormwater which may run off from any earthworks, building or paving.” So you cannot drain onto your neighbour’s property – you need to have proper drainage. The builder should have had proper drainage installed – and you may have a claim against him.

39. Simon, gutters are just one way of discharging water. Not all building have gutter and downpipes – but they must then have an alternative method … e.g. I have seen architects use chains instead of downpipes. As long as it does the job you are covered.

40. If soil has been filled in against the wall this makes it a retaining wall, which is illegal. If the roots from their trees are causing damage, they are liable. Simple. And you are correct – insurance isn’t liable.

41. Rory no it isn’t legal and yes you do have a leg to stand on. Sounds to me like the plumbing is inadequate. also you are not under any obligation to accept the water from other properties. Perhaps a good starting point would be the plumbing institute of SA, IOPSA. The law is very clear: “The owner of any site shall provide suitable means for the control and disposal of accumulated stormwater which may run off from any earthworks, building or paving.” Part R (Stormwater Disposal) of SANS 10400 give guidelines on how to ensure this is done.

42. You are correct, you are not responsible for his stormwater drainage. He is not allowed to drain anything onto your property.

43. Flooding is general considered to be “an act of God” and is not covered by most insurance policies.

44. David you have absolutely no right to drain your stormwater onto your neighbour’s property. NB the law says: “The owner of any site shall provide suitable means for the control and disposal of accumulated stormwater which may run off from any earthworks, building or paving.” Part R of SANS 10400 gives guidelines on how to do this.
    I suggest you contact the City of Jhb and ask a) if this is in the plans and b) ask for advice on how to resolve the problem.

45. If there are not proper gutters on the buildings in your complex, they may be contravening the National Building Regulations. I would ask a building inspector to come and look and if it is acceptable, to explain why it is acceptable. The law is clear: “The owner of any site shall provide suitable means for the control and disposal of accumulated stormwater which may run off from any earthworks, building or paving.” And Part R Stormwater Disposal of SANS 10400 gives guidelines on how builders can ensure they comply with the regs.
    Essentially your neighbour is breaking the law by draining stormwater onto your property. He/she is also liable for any damage to your wall as well as all damage caused by the water they channel onto your property. If the council won’t do anything then you should take legal action. My guess is they will also be held liable for legal costs at the end of the day.

46. Chris you have no right to close up a stormwater drain. However, if water is draining onto your property from your neighbour’s, he is legally obliged to rectify this. Start by appealing to the local authority in terms of the National Building Regulations and Building Standards Act (i.e. the law) that states: “The owner of any site shall provide suitable means for the control and disposal of accumulated stormwater which may run off from any earthworks, building or paving.” Sans 10400 Part R: Stormwater Disposal provides guidelines of how this can be done.

47. Hi

    I recently closed up the storm water drains with concrete on the bottom of our walls because of excess water coming from the neighbours, he removed the concrete and the problem is back. What can I legally do?

48. Tracy this question probably comes out tops… the law is clear and it is all in the article on this page. There is no way that you have to accept his water. He must take steps to get rid of the water from his property and cannot legally simply channel it onto neighbours’ properties. Plus he cannot drill holes in YOUR wall! Get a lawyer who understands the NBR. Good luck

49. Gary if you have read the article on this page you will see that the law states: ““The owner of any site shall provide suitable means for the control and disposal of accumulated stormwater which may run off from any earthworks, building or paving.” SANS 10400 – Part R: Stormwater Disposal gives guidelines on how this should be done. It is not acceptable to simply make holes in your wall and drain to a lower neighbour.

50. I agree with you 100%. The law is very clear on this: “The owner of any site shall provide suitable means for the control and disposal of accumulated stormwater which may run off from any earthworks, building or paving.” Part R of SANS 10400 gives guidelines on how this should be done (this page has some commentary on the guidelines). What is clear is that people above you need to take responsibility for stormwater from their properties.

51. That’s blackmail! The law is very clear, that the “owner of any site shall provide suitable means for the control and disposal of accumulated stormwater which may run off from any earthworks, building or paving.”
    The deemed-to-satsify requirements as determined by the SABS are discussed on this page. Start by reporting him to the local authority; you might even find that he didn’t have plans to do the renovations!

52. Fred you cannot drain into the sewerage system without permission from your local authority.

53. Manhole as in what? Surely not sewerage? I’m confused. But no, any type of manhole MUST be accessible otherwise why would it be a manhole? If it is a Telkom issue then it doesn’t relate to National Building Regulations. What puzzles me further is that you have posted this in Stormwater Disposal. Am I missing something?

54. Hi there
    My neighbour next to us has covered the manhole with paving. Telkom came out to install lines at our house and could not get the Telkom lines through the manhole as the Telkom wires run underground. Is he allowed to cover up a manhole? Telkom doesn’t want to get involved and tell him that there is a problem and our Estate Manager says it Telkom problem.

55. Hi
    Question; I want to get rid of the rainwater coming from my corrugated iron roof (344 m2 of roofing). Am I allowed to drain into the sewerage system? The slope of the property makes it difficult to drain it into the street. Can someone give me n answer on this?

56. Hi, We have a house behind us where the owner runs his business from. He recently bought the premises and has done various renovation to the property. Our house has a cottage and the stormwater from this house accumulates behind the cottage and often floods the cottage. The owner of the company refuses to sort this out. He initially had plans to extend and build on his property further and we refused to sign the plans. He states that if we do not sign the plans he will not fix the water problem. What I would like to know is if that water needs to be sorted out by him and if there is anything I can do legally to get him to sort it out.

57. Hi. I recently built a house in a new complex (full title). My plot is at the lowest point of the complex and is at a dead-end. When it rains the road water from the entire complex flows towards my house and builds up at the wall by the dead-end. Last week it built up so much that the water erroded the soil and gushed under my boundary wall and driveway paving, down the driveway and into the house. The builder says it is my fault and I need to ensure that I dispose of any water coming down the driveway. My opinion is that all complex water should not be directed to my house in the first place and the builder needs the ensure there is sufficient drainage on the road of the complex. Please give me your views?

58. Hi

    We have been in our house for about 2 years now. We have recently done the paving as well as new gutters and all the trimmings. We stay on a terraced property and are 3rd from the top. To date our neighbour above us has 5 holes through the wall on his side (higher side) that dumps huge volumes of water on our property, logging it for ages.

    Our neighbour at the bottom has one hole coming from us and he`s now moaning about the volume of water coming through. I asked him to cut another hole through the property at the back to relieve some of the water, but he said the neighbour behind him is moaning with him.

    Our properties slope down from the street inwards, so the natural catchment point is in our far corner. I don`t want to tell my neighbour above us that he can`t flow water through anymore,but if it`s staying on my side then I don`t have a choice. Help?

59. HI

    I live in a cluster complex with Tuscan architecture where the wall dividing my property from that of my neighbour is a meter away from my back door. We therefore do not have proper gutters around the roofs of the structures. The natural lowest point in the neighbours’ garden where the stormwater was supposed to drain to as per Council plans has been impaired with the installtion of a jacuzzi, wooden fences and artificial grass.

    They have a patio facing the jacuzzi with two holes from the patio roof which flood with water when it rains. In 2010 holes were made in this boundary wall to take the water facing the gutters in the exact spot where the water hits the ground and these drain into my property. It was agreed that the “normal” (after the grass has become saturated) stormwater could drain into my property as a good neighbourly gesture. HOWEVER that was on the understanding that the natural grass would remain and then there was only the jacuzzi and no mention of any more construction. These holes are not made at the lowest point in the next door property and in fact are at a level point in the erf.

    In December 2014 they installed wooden fencing and in the process damaged the wall on my side. They also installed artificial grass in the path which collected the water from the holes on the patio. The spot around the actual holes has also been paved. It is now as good as a tap being turned on and left open. I have serious erosion to my property as well as big damp problems with the foundations and walls of the house. The additional construction and change in the natural grass was NEVER discussed with me.

    Is there anything I can do about this? Please let me know should you require any more information or photographs or the like.

    Thank you
    Regards

60. Hi, I dont know if you would be able to answer my question but here goes:

    we live on a farm close to a river. On our way home on the dirt road the dam of the farm that is higher up from us on the other side of the road over flowed just when we drove past after a short but heavy rain fall, which damaged our car to a point that it is a write-off (we had to swim to safety with our small kids).Unfortuninately it was not yet insured as we just got it.

    The run-off also flooded part of our house but there is no damage. So my question is: will we have a public liablility claim from the farm owners’ insurance who’s storm water run-off caused damage to our car? is it not their responsibility to ensure that the water that come through their lands does not endanger the people on the road or cause damage to the properties below them. The flooding is not the first but at least the third.

    looking forward to your answer!

61. Hi Team,

    My query is very similar to the one posted by luigia. I have lived in a house for approximately three years now and this year, all of a sudden, the drainage holes in the boundary wall that drain stormwater runoff into my neighbours property appear to be blocked off. My understanding from the previous owner of the house where I now reside is that the boundary wall was built by the current neighbour some years ago. The holes that I refer to appear to be properly designed and installed drainage holes (100 mm diameter steel pipes that project through the wall and then turn downwards on the neighbours side of the wall) and I can only assume that the building plans for the wall that were submitted to the Johannesburg council showed these as weep holes. If these weep holes were approved as part of the approval process for the boundary wall, do I have any right to insist that the holes be unblocked?

62. Hi there I know you have answered this question quite a few times but I need to find out how do I approach my Neighbour who has drilled a hole in my wall so that I am forced to take his storm water drainage. Shall I ask him to show me the approved plans indicating this, or shall I send him a letter to just ask him to close the hole up?
    Should I approach a lawyer?

63. Do you have proof that the weep holes were approved by council? I ask because it is your responsibility to dispose of water via drains and not through holes in a neighbour’s wall.

64. Hi Penny, hope you can give me some advice.
    I’m living in a full title complex for the last 12 years and there is a drain hole through the wall from the start as build by the developer. Just now my neighbor decided to interfere with the hole and reduce it down to small pipe and basically blocking the hole as it would not handle the water in case of a storm and refuse to remove his blockage. In case of a storm water will flood my garage and could cause damage to the wall. There is no way I can make any plan on my side as the building level do not make is possible for me to alter the flow of water.
    What should I do?
    Thanks
    Martin

65. You can object directly to the council. The manholes are there to remove your sewage and that is where they link up to the mains. There are ways to install waste pipes without manholes and by using rodding eyes. These can be used at junctions and bends as well. Look at this picture that I took at a University of Technology plumbing training center. This is how they are taught, from the bottom of the picture up, on the left is the toilet waste pipe this joins to the main line. Bottom right is a rodding eye, next up on the left is for the waste water from a basin and at the top is a rodding eye that is situated at the bend so that any blockages can be cleared. Ask your architect to specify this method if he is allowed to.
    

66. Hi

    I recently purchased an off plan property. After signing and the construction going up, I see that they are installing 2 manholes in my property. The developer says he cant do anything about it, Johannesburg water decides on placement.

    If I knew about these placements I would not have purchased etc. After spending so much of money I am dissapointed.

    What can I do? Please assist urgently.

67. we are in the dominanr tenament in a townhouse and our neighbours decided to plug the drainage holes in the wall that we share causing the water to dm up in our courtyard. as a result, the cement in our wall is becoming porous. is it legal to plug weepholes if they were approved by the council when the property was built?

68. Anyone on a lower property is not obliged to take the stormwater from the higher property. So you cannot just break holes through the wall and flood their garden. You must make provision for the water to be channelled or piped away to the street or a stormwater drain

69. Also looking at a green way to conserve water and reuse…thanks

70. Pingback: Page not found - SANS10400-Building Regulations South Africa

71. Hi Penny

    We are 3 complexes next to each other on a decline, with our complex in the middle. We are installing drains on the higher side of our complexes’ units for their drainage problems. On the lower side, the complex next to us has blocked off all the drainage holes in the wall so the back gardens are flooded in the rainy season. The actual wall is about to collapse. We are going to replace the wall out of our complex budget as the complex next door does not have funds. We want to know if it is legal for us to insist that drainage holes be put into the wall so that the water can flow through. Thanks, Venecia

72. Hi Penny, in terms of the building regulations, does my building have to have gutters and down pipes? If so, would a Cape Dutch manor house with a thatched roof would then need to have gutters? I’m constucting a farm building with concrete aprons and stormwater channels that collect the rainwater discharged off the roof. these channels then discharge into a farm dam.

    kind regards
    Simon

73. Hi Penny,

    I live in a small complex with 5 units. At the back of the complex are 3 semi attached units, with mine on the one end. All the water from the other 2 units flow into our property (we are the lowest), into a submerged sump under our paving that cannot handle the amount of water. The water then flow up through the nearest drain, which is ours, and our courtyard floods within minutes. Is this legal? Can the other units storm water flow into our property like this? If the Body Corporate does not want to solve this, legally do I have a leg to stand on?

74. Hi

    Would you know when the new legislation regarding residential retention of storm water is coming into effect.

75. Please help, need some advice on what legal steps I may take. My neighbour has 3 dogs on his front property which is only paved, no grass, and in the boundary wall (normal pre cast wall) at the bottom he has made drainage holes onto my driveway, so for the past 8 years, once a week, he hoses down his paving and forces all the dog poop onto my driveway. I’m not sure that he has approved building plans, if he did then surely he would have had to see to correct drainage on his property, as every rainfall his house floods. Now my question, can I close the holes in the wall. I am not his lower property as we both reside on a slope and our back neighbours are below our properties, so as to my knowledge I am not responsible for his storm water drainage

76. Thank you for your assistance… and peace of mind now.

    Kind regards,
    Tanya

77. Tanya I have added info to this page since you sent in your query – so have a look. You need a proper stormwater system in place – or rather they do. You do not have to accommodate their stormwater or their pool water. It is their responsibility to ensures it is disposed of in a way that complies with the National Building Regulations. They are not permitted to simply divert the water onto neighboring properties. And if they have built without plans you have every right to report them to the local authority.

78. Help Please Penny.

    We have experienced a lot of damage over the years from two drainage pipes in a boundary wall. This is flowing from a higher property our new neighbours garden into our garden and sometimes into our house. We want to move the pipes further down the wall to direct the flow past the house. Can you pls advise what is required. They have also just built a pool and a cottage without plans? And I am rather worried about the pools back wash? We don’t want to block the flow just move it further up the wall to still accommodate them?

    Thanks for assisting.

    Kind regards.

79. All stormwater installations must be approved by the local authority. These installations must also be undertaken by a registered and qualified plumber. Apart from the regulations and SANS 10400 that relate to the NBR, there are several other regulations that govern plumbing. The Institute of Plumbing SA will probably be able to give you some helpful advice.

80. Dear Penny
    The property of my neighbour behind me is higher than mine and last year on two occasions stormwater came through the wall between our properties, flooded my property and the muddy stormwater cascaded into my pool. I spoke to him about this and he undertook to take corrective steps to ensure it wont happen again. This past weekend, with a heavy downpour we had, the same thing happened.

    I am aware that he must ensure run-off of his stormwater off his property but is there a regulation or section of the regulation that states he must ensure run-off into the street below my property.

    Regards

81. Ahmed, the regulations regarding electricity are not contained in the NBR. Plus both plumbing and electrics need to be undertaken by qualified professionals who are registered with the local authority. So I suggest that you contact a registered electrician and a registered plumber for advice. Alternatively you can contact IOPSA for plumbing issues, and ECASA for electrical issues. They should be able to point you in the right direction. Sorry I can’t be more helpful.

82. Hi Penny, thanks for your feedback, will start with the council check and take it from there.

83. Karen, firstly if the garage structure was replaced, your neighbour should have had new plans passed, and these should have included a drainage system that would adequately get rid of all stormwater without it flooding your property. As far as I know, the slope of the roof is not the issue, the issue is that it is his responsibility to ensure the water drains. Note that the City of Cape Town no longer requires a neighbour’s consent for buildings constructed up to the boundary, but approved plans are still required. So first check with the council that plans were submitted – then report the fact that your property is compromised. You must do this in writing – a telephone call is not sufficient.

84. Hi there. My neighbour replaced his garage and carport roof a few months back, the structures are right on our boundary wall. When the galvanised sheeting was going up I noticed that it was sloping towards our property & questioned this. I was told that they would be putting a gutter in with the downpipe on the neighbour’s side. They did put the gutter up but it is inadequate for the volume of water (Cape Town winter rains) and is causing a waterfall on our side. Very heavy rains will cause an accumulation of water that will result in our back garden and possibly the braai room flooding. A couple of questions : Is it legal for the roof to slope towards us? If not, what recourse do I have to get him to change the roof? If so, how do I get him to get proper gutters & drainage so that we aren’t flooded? Thank you.

85. Xander – if you read all the responses to questions on this page you will get the information you need. It is NOT for you to be responsible for your neighbour’s or neighbours’ (plural) stormwater. It is their responsibility to drain it off their property – and NOT into yours. There needs to be a stormwater drainage plan that the local authority approves. So check with them.

86. Hi, I’m about to start building my house. The issue I have is the following. I Have the lowest level property. The guy next door made a hole in his wall for his drainage that goes into my property. The thing is, the stormwater of the two properties next to him goes into his property. Effectively my property would carry stormwater of all 3 properties next to me. I Bough a stand next to the boundary wall of the estate, the other issue is that the road on the other side of the boundary is higher than my stand so I can’t even drain all this water out there. According to my knowledge I must carry my neighbors stormwater, but only his. Not all three properties. I have no idea what to do. Please help

87. Anoop, I would refuse them access and notify the municipality that you are doing so because of the fact that they have ignored the municipality’s non-compliance notifications. Further, I would demand that the municipality take urgent steps to have the illegal building demolished. At the moment it seems that you have the upper hand in terms of the stormwater drain… Probably the people at the municipality who are making these recent demands are not aware of the previous actions. Go into their offices with all the details and any proof you have, and demand to talk to a senior person. From your email address, I’m wondering where you work 🙂

88. The land adjacent to mine (residential) was re-zoned to religious site. I had given the owners (Trust) permission to build on the boundry line in terms of the approved plans. However they have built thus far not in accordance with the approved plans. The approved plans showed an open basement parking. However, they have deviated in that they built boundary walls with windows and converted this into a hall. My home is affeced by the light & noise eminating from the functions they have during weekend that goes late into the night/ next morning.Their stromwater is draining into my backyard.The building remains incomplete from 2004. After lodging numerous complaints for years with the Municipality, the municipality had issued a letter of non-compliance and summons twice, and no further action was taken by the municipality.

    Now the municipality has notified me that according to the National building regulation I am oblidged to give the Trust permission to construct a storm water drain over my property to be deposited into the bottom stream at their cost which the municipality will oversee.

    Do i have a right to have them remove the boundary walls with widows and deny them use of my property to construct a storm water drain?

89. Alleen, Part R of SANS 10400 covers stormwater disposal. I don’t have a copy of that available to me right now, so can’t give you the wording, but you can buy a copy from the SABS online store, or have a look at it at one of their libraries. However the legislation states that the owner of any site “shall provide suitable means for the control and disposal of accumulated stormwater which may run off from any earthworks, building or paving.” If necessary, the local authority may (according to the Act) insist on a “rational design prepared by an approved competent person” e.g. an engineer. They may also insist on plans for this. Part R – which is the “deemed to satisfy” part of the regs – gives guidance on how stormwater should be disposed – e.g. gullies, drains, downpipes and gutters etc
    So you will see that the owner of a property is obliged to take care of his/her own drainage of stormwater – and this does NOT mean that you must expect your neighbour to take the flow of water onto their property (unless there is a registered servitude for this purpose). There is no law that states neighbours must share costs of anything.

90. Subject:
    Storm water management

    Message:
    Good Day. I would like to see the wording of the law that states that a neighbour whose property is lower than yours are not allowed to prohibit the natural flow of storm water. Also is there a cost sharing
    implication if a drainage system must be put in place to manage the water between to neighbouring properties?

91. Subject:
    Pipes underground

    Message:
    Recently I installed a Jojo Tank and pump to increase water pressure. The installer ran the water pipes just about 15 – 20 cm below the garden lawn. What is the regulation regarding the depth water pipes and underground electricity pipes/conduits? Kindly direct me to relevant literature. Thanks and regards. Ahmed

92. Aj you are correct in your assumptions. I suggest you contact the local authority and report this to them.

93. Juanita, People are not allowed to simply drain their swimming pools onto other people’s properties. It isn’t a building regulation issue, though drainage is. It needs to be drained into a drain or directly into the road. If he is difficult to talk to – write a letter that states he has no right to do this and that you are going to hold him liable for damage if he does it again – and public nuisance since he regularly renders your garden unusable. If he doesn’t stop then you may need to pay a lawyer to write a letter for you. Nobody needs a neighbour like that!

94. My neigbor drains his pool every month all the water into my yard, not just backwash, I am talking about draining his pool, he floods my braai area and my grass is completely muddy from this. He is very difficult to talk to, what can I do .

95. Good day,

    About a year ago my house was build with proper stormwater drainage pipes in the boundary walls. My neighbour started building about 4 months later when I started. Since I am at work during the day, I have not really noticed any problems with draining of excess water, until recently. What I noticed was that the paving of my neighbours house blocked one of the stormwater drainage pipes with about 10% of the pipe open for draining. This unfortunately results in a very slow draining on my side to such an extend that the water level builds up higher than the pipe. Speaking under correction, blocking of stormwater draining pipes is not allowed and these pipes should be kept open at all times? How do I proceed with this issue and is this semi-blocking legal?

    Thank you.

96. Hi Kobus, Here is an extract from the Jhb bye-laws:
    “Where, in the opinion of the Council, it is impracticable for stormwater to be drained from higher lying erven direct to a road, the owner of the lower lying erf shall be obliged to accept and/or permit the passage over the erf of such stormwater: Provided that the owners of any higher lying erven, the stormwater from which is discharged over any lower lying erf, shall be liable to pay a proportionate share of the cost of any pipe line or drain which the owner of such lower lying erf may find necessary to lay or construct for the purpose of conducting the water so discharged over the erf”
    All the municipalities will follow the same bye-laws, so PE wil be the same. You can call the local building inspector and report your neighbour for violating the law.

97. I stay in Port Elizabeth <
    I am staying in the same house for 12 years, its a panhandle property and my storm water have been draining into my one neighbour property.
    A year ago new owner build on and we have discussed the "drain hole", as he want to put a floor down. I have agreed to put a pipe down at my cost so to control the water and the floor can go on top.
    Two weeks ago I spotted the hole was completely closed of with concrete , spoke to another neighbour and she had the same issue.
    If it rain now my house will be flooded, what to do??

98. Jeff you can either ask a qualified and registered plumber to inspect (and pay his fee), or ask the local authority to send someone out to inspect. The latter would probably be the best bet because they are ultimately the people who will take action if there are illegal elements in the building.

99. Peter, IOPSA’s technical advisor, Martin Coetzee (who works for Cobra Watertech) is incredibly knowledgable. Why not give him a call? Or ask Iopsa to pass on your message and get him to call you. Good luck

100. Peter, I would think that “lower” means lower anywhere or overall. i.e. Parts could be even lower than on the boundary – or higher on the other side.
     Nobody has the right to make a drainage hole in your wall without your permission.
     But you probably need a lawyer to do a proper interpretation of the bylaws. You might also call the SA Institute of Plumbing (you’ll find regional contact numbers on their website) and ask to speak to one of their committee members who can advise you. In addition to plumbing and drainage issues detailed in SANS 10400 (the National Building Regulations) there are a number of other Standards that deal with drainage.

101. Hi Penny, I am in a complex and adjacent stand is being developed. It has a close to 60% coverage ratio and I guess about 40% of the remaining land will be paved. The developer has informed me that approx 2/3 of storm-water will be directed to the road via gutters etc. The stand slopes back from the road and, for last 1/3, the developer plans to channel any overflow into adjacent stands including mine. Mine may be marginally lower (a couple of cms) at the boundary, but that is the low point of my stand so storm water could pool up to an estimated 15 cm. I have asked the developer to use french drains etc to improve the stand’s water carrying capacity but have not met any enthusiasm.
     Our suburbs by-laws do indicate that a lower lying stand should take overflow with the higher stand contributing to the cost of any extra drainage requirements on the lower stand.
     Does ‘lower’ mean lower at the boundary or lower on average than the other stand’s boundary?
     Does of the owner, have a unilateral right to make a drainage hole in my wall?
     How far does the owner have an obligation to mitigate storm water run off via, e.g. french drains?
     Is there any guidance on what ‘contribute’ means?
     Lastly, what are my obligations?
     I’d appreciate your suggestions and guidance. Thanks v much for your help

102. Hi , I am currently renting business premises and have been told that this building might be illegal as it has storm water manhole covers on the floor . Anyone know how i can find out more about the legality of this ?

103. Thank you Penny!

104. Olga you can try and hold the former owner liable, but it is likely to end up in a court case unless you stop the transfer process and use that to force him/her to take corrective action. If you weren’t aware of the situation it would be a latent defect and the previous owner certainly is liable – it’s just that it becomes a legal issue.

105. We bought a house in Paarl. The transfer is still in the process. We have discovered that storm water from all pipes/gutters etc. just coing onto the ground. The plot has a slope – so the water is actualy flow down the neighbor’ property. Who will have to be responsible to maintain it in a right way? Am I entitled to force ex-owner to sort that out? Any suggestions please.

106. Terence you need a channel of some sort next to the driveway and this needs to direct the water into a stormwater drain – or the council’s stormwater system.

107. Hi,

     I have a query, can I create a drainage systems that flows down my driveway and onto the road?

     Thanks

108. Hi All,
     I have found the relevant clause in the “Johannesburg Town Planning Scheme 2011”. And it states (in full) under section 14 (General conditions applicable to all erven) – Paragraph 2: “Where, in the opinion of the Council, it is impracticable for stormwater to be drained from higher lying erven direct to a road, the owner of the lower lying erf shall be obliged to accept and/or permit the passage over the erf of such stormwater: Provided that the owners of any higher lying erven, the stormwater from which is discharged over any lower lying erf, shall be liable to pay a proportionate share of the cost of any pipe line or drain which the owner of such lower lying erf may find necessary to lay or construct for the purpose of conducting the water so discharged over the erf.”
     I am still investigating if other Local Authorities follow the same or similar rulings. I will post the findings here as soon as I have these.

109. Brian it’s your call. But (1) the regulations don’t say you have to have gutters and downpipes, just that the water must be carried away … and (2) you do not have to accept his water any which way. But if you feel you will be better off that way then make the offer. By compromising you may find that the resale value of your house decreases.
     If I was in your shoes I would demand that he directs the water to ground level to a legal drain, approved by the municipality, that carries the stormwater to the municipal stormwater drain.

110. Thanks Penny,this is just the answer I have been looking for.do you recommend that I write my neighbour a letter requesting him to install gutters and down-pipes on the said portion of roof to direct the water to ground level and if need be I will accept his ground run off water,failing which we go the legal route

111. Brian it sounds as if your neighbour is in breach. He isn’t allowed to discharge stormwater onto your property in any event. My opinion is that he is liable to damage to your walls. But I am not a lawyer, just an educated layperson. If I was in your position I certainly wouldn’t accept what he is doing. Contact the building inspectorate at your local authority and ask them to help you. If they can’t or won’t – then you will probably need to enlist the help of an attorney. Good luck.

112. THANKS FOR THE PROMPT REPLY,THE BUILDING LINE IS 1m AWAY FROM THE BOUNDARY AND WITH THE OVERHANG OF THE ROOF BEEN 600mm AND THE ROOF BEEN OF A BALTI DESIGN,MUST I STILL ACCEPT THIS IN MY PROPERTY AND WHAT ABOUT THE DAMAGE TO MY DWELLING WALLS

113. Brian, please read all the comments and replies at the bottom of the page. I am pretty sure we have covered this already. Basically this in not a natural path of water and so your neighbour (I presume) needs to take steps to channel the stormwater into an appropriate drain.

114. J – Diverting water is not allowing the water to flow along its NATURAL course. Peter’s neighbour is way out of line!

115. House A has no gutters,what is the regulation regarding the direct
     discharge of rain water over the boundary wall into my property
     causing damage and rising damp

116. Peter

     Re the drainage issue from your neighbours site that is above yours.

     Drainage of surface water is a bit more complicated as laid put in SANS 10400 part R.

     Below is an extract from a property law course I did a while back with the relevant cases and decisions listed: (Please note, I am not lawyer!)

     “An owner of property has the right to discharge the natural flow of water onto adjoining property, and the owner of the adjoining property is under an obligation to receive this flow.

     Thormahlen v Gouws 1956(4) SA 430 A (case)

     This right is limited to the discharge of natural flow in its natural course, so the owner may not erect an artificial construction which concentrates or increases the natural flow onto adjoining property. Similarly, the owner may not discharge ‘alien’ water onto the property of his neighbour.

     New Heriot Gold Mining Co Ltd v Union Government 1916 AD 41 5 (case)

     The owner may discharge more than the natural flow of water in the following situations:
     -under contract
     -under servitude
     -through immemorial user
     -under the authority of statute
     -in the course of reasonable natural cultivation

     Re ‘reasonable natural cultivation’ see:
     Benoni Town Council v Meyer 1959(3) SA 97 W (case)

     The aggrieved owner has a number of remedies available:

     These remedies are divided up according to the usage of the property. For this purpose property is divided into two usages: rural and urban. The classification is based on the size and usage of the property, rather than on its location. Thus large property with limited usage will be regarded as rural, whereas a smaller property with intense usage would be regarded as urban. “

117. What are the rules and regulations regarding direct discharge of rainwater from a roof (no gutters)into adjacent property creating damage to walls and rising damp?

118. Clearly this is not legal. But I think you need to do more than find legislation to prove this.
     In terms of the National Building Regulations, Drainage is covered in Part P of SANS 10400, but it doesn’t go into gutters and downpipes. This is covered in Part R, Stormwater Disposal which, in general terms, address how stormwater needs to be disposed of.
     First of all, a qualified registered plumber should have been appointed to do this job. But this sounds as if it could also be a design issue with safety implications.
     If I were you I would contact the chief building inspector at your local authority and ask them to do an inspection.

119. Hi there,

     We have recently bought a Sectional title unit in Benoni. The unit is a first floor unit which makes use of a centralized staircase which leads onto a landing supplying access to the 3 first floor units.

     The staircase has a full IBR roof on it but the staircase landing itself hasn’t got a full roof on it resulting in rainwater and roof condensation dripping directly onto the floor resulting in access water being left on the floor.

     Upon discussing this with the developer they confirmed that they would simply install a gutter that would lead the water away from the edge of the roof onto the floor but instead onto the stair cases roof.
     This was not done…….instead they installed a 40cm piece of gutter with a down pipe that leads the water onto the first floor landing area, resulting in more water being dumped onto the floor causing a slippery hazard as well as possible future damp and water damage.

     Where can we find in the act the piece that covers this scenario described ?

120. Peter, Contact the chief building inspector at your local municipality/council.
     The law (The National Building Regulations and Building Standards Act) states:
     “R1 Stormwater Disposal Requirement
     (1) The owner of any site shall provide suitable means for the control and disposal of accumulated stormwater which may run off from any earthworks, building or paving.
     (2) Such means of stormwater disposal may be in addition to or in combination with any drainage works required in terms of regulation F4(2). see below
     (3) The requirements of subregulation (1) shall be deemed to be satisfied where such means of stormwater disposal is provided in accordance with SANS 10400-R: Provided that where a local authority is of the opinion that the conditions on any site render it essential for stormwater disposal to be the subject of an acceptable rational design prepared by an approved competent person, such local authority shall, in writing, notify the owner of such site of its reasons for the necessity for such design, and may require such owner to submit for approval plans and particulars of a complete stormwater control and disposal installation for such site and for any building erected thereon, based on such design.”
     SANS 10400-R is very short – eight pages in all. The requirements are dealt with in three parts, General, Stormwater & Disposal, Gutters & Downpipes. These describe acceptable ways of dealing with storm water – and channeling it onto a neighburs property is NOT an option.

     F4 Preparation of Site (this is in Part F, Site operations)
     (2) Where any site upon which any building is to be erected is waterlogged, seasonally waterlogged or saturated, or where any building is to be so situated that water will drain naturally towards it, drainage shall be provided to direct such water away from such site or building to a stormwater drain or to dispose of it in some other safe approved manner.

121. My Neighbour has been doing extensive building and paving etc to accommodate a B&B and a second dwelling. He has a sloped property and has obviously experienced water drainage problems with the Neighbour below his property. I say this because he has built structural supports to support that wall and it is downside from his property. He also appears t be diverting water from that boundary to my boundary.

     I now notice that he has punched two holes in my/our adjacent concrete wall to allow run off. We have never in 30 years ever been on the receiving side of any run off from his property as we are more adjacent than below his property. I contend that he cannot divert storm water onto my premises and that his building plans must deal with water drainage. Who do I approach?

122. Yes Errol, the municipality is correct. I have recently added more information to this page – it may be helpful to you. If you need more detail, you can access SANS 10400: Part R Stormwater Disposal from an SABS library.

123. I am not sure when you posted your comment Anton, but I recently updated this page. If you want more detail, you can access SANS 10400: Part R Stormwater Disposal from an SABS library.

124. Viroshka I have added to the article on this page – and have recently answered several queries very similar to yours. They cannot simply allow stormwater to flow into your yard. While they did not need permission from the municipality or from you to pave their yard, it is their responsibility to ensure that stormwater is channeled to a suitable storm water drain.

125. John, you cannot legally open up weep holes in the wall. Stormwater must be discharged into a drain approved by the local authority. If the pipe you are referring to was part of the storm water system the municipality approved, then your neighbour will have to unblock the pipe. Perhaps the storm water drainage issue was part of a dispute between previous property owners?
     I have added to the article on this page, and you will see that people cannot simply discharge water onto an adjacent site. Not knowing the exact layout of the properties to the road and so on, it’s difficult to know what to suggest. Your best bet is to ask your local authority for advice.

126. That missing brick story is illegal for starters! And no you do not have to oblige. And yes they should have a proper drainage system. BTW the reason the wall is well into your side might be due to extensive foundations – which is a good thing. We have just done a piece on boundary walls that we will be posting in the next day or so – if SEACOM gets its act together. Check back for the new post.

127. Hi Allan,
     If you go to our sister site Owner Building there is a plan and an article on boundary distances and some information you will find useful on Boundary walls and fences.

128. They absolutely are required to have adequate drainage. In fact the SANS for drainage are very strict and specific.
     I suggest that you call the local council and ask for a building inspector who deals with plumbing issues to come and assess the problem.

129. Hi
     my neighbour’s property is higher than ours by approximately a metre and they had a brick missing in the boundary wall which allowed their storm water to pass from the front of their property into the front “verge” of our property.
     We recently built a new front road facing boundary wall and established that a portion of our property was on the “verge”. Basically the fence was previously built well inside our property. When we completed the new wall on our true road-facing boundary, the hole in the shared boundary wall was plastered in. They have asked us to reopen this hole. Are we required to do this and allow them to divert all their storm water into our front yard.
     Also the shared boundary wall is in a seriously bad condition due to a creeper that they have growing from their side. There is also evidence of water damage/erosion on the wall as the paint has peeled off and the wall is powdery on our side. We have kept the wall bare on our side.
     Are they supposed to have a proper drainage system in place?

130. Please can you advise what is the legal distance for a dwelling (granny flat or garage ) to be from your neighbours boundry wall?

     Many Thanks
     Allan

131. A stormwater drain has been blocked on our neighbour’s property which
     means that every time it rains, stormwater dams up on our side of the
     wall.
     Our neighbour says that the pipe was blocked by the previous owners
     and refuses to reopen it. He also says that as he is on a higher erf
     he does not have to take our water. This is absurd as we are on a hill
     and it is patently obvious that his property is lower than ours.
     Can I open weep holes in our wall in order to force him to take some
     action?

132. Good morning, I hope you can help. I reside in Roodepoort. What can I
     do when my neighbour washes his driveway and paving down regularly and
     the waste water then runs onto my property via the opening for the
     drainage of storm water in the boundry wall. My property is lower than
     the neighbour’s, and I know that stormwater must have free flow,
     however can he just use the excuse that as water flow down, he has the
     right to dispose of his waste water onto my property. My plants and
     grass are now starting to die as a result of the excess water and
     chemicals/soap in the waste water.
     I have tried to reason with him, but to no avail.
     Hope you can help.
     Thanks

133. I am a trustee of a sectional title complex in the E Cape. With all
     the recent heavy rain parts of the common property have been flooded
     by storm water emanating from the Municipal system which ends suddenly
     with an open pipe at the boundary of our land. The Municipality
     contends that it was the responsibility of the developer of our
     complex to have installed a storm water system to connect into the
     muncipal system which would dispose of “their” water (into the sea).
     Is the municipality correct ? This means running a 450 mm concrete
     pipe over a distance of 130 meters which is expensive and far in
     excess of the requirement to simply drain syrom water otherwise
     accumating on our property. Please advise. Thank you

134. Hello

     My property is naturally lower than my neighbours. They recently paved
     their entire yard and made the lowest point at the back of their
     property where they allow all their stormwater to flow through a
     drainage panel in the boundary fence into my back yard. Is this legal
     and allowed? I now have to do some work to my levels to allow the
     water to drain away.

     Is this allowable? Should they have asked me or the municipality
     before they paved their yard?

     Regards
     Viroshka

135. My neighbour, whose property level is above mine has no drainage for their rainwater downpipes, all the water from their roof runs over their driveway, down a once grassy bank and into my property. Their bank is being undermined and so is mine, to the point that there is a gap under the fencing where rocks and sand have been washed away. All this mud and water flows down my path and into my pool every time during our Spring rains and Storms. I have tried to dig trenches on my side of the fence to control the water but unfortunatly they get filled up with mud very quickly. Are they obliged to have some sort of drainage system in place or am I fighting a losing battle?