Angry neighbours can topple your approved plans

Even if your plans have been approved by the municipality and you are complying with all the planning requirements such as set-backs and height restrictions, a dissatisfied neighbour can still stop you.

Ian Slot, southern region director of Seeff Properties, says in the light of a recent Constitutional Court judgment, property owners or buyers intending to build or renovate should canvas their neighbours' attitude towards their proposed construction before laying a single brick, even if they have approved plans.

"A simple objection from across the fence can completely overturn municipal approval of your building plans and stop you in your tracks," says Slot.

He says the warning bells sounded in the Constitutional Court with the case Walele vs City of Cape Town and Others 2008 (6) SA 129 (CC).

The judgment turned on Section 7 (1) (b) (ii) of the National Building Regulations and Building Standards Act 103 of 1977, which states that a municipality must reject a building plan if it is satisfied that the building to be erected would probably disfigure the area concerned, be unsightly or objectionable, negatively affect the value of adjoining or neighbouring properties, or endanger life or property.

Ordinarily, you would assume that if the municipality considered these points and determined that the plans did not contravene these provisions the matter would end there. However, the Constitutional Court decided that even if the municipality was satisfied that it was not in contravention, all that is needed is for a dissatisfied neighbour to convince a court that, for example, the proposed construction would devalue his property and the court must set the municipality approval aside.

So, Slot says, the problem arises when your neighbour and local municipality don't see eye to eye. Local officials may be convinced that the construction project in question is unlikely to create any of these problems, but a property owner in the area can challenge this opinion. And, if they convince a court, the approval of the plans is set aside.

Slot advises that it is best to cement your relationship with your neighbours and canvas their opinions before you even approach the municipality for approval.

Weekend Property Supplement (Saturday Argus)

Posted at 10:05AM Jul 27, 2009 by Editor in Industry  |