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Monday Sep 28, 2009

Watch by-laws on for sale signs

There is some confusion over whether municipal approval should be sought before placing "to let" or "for sale" signs to attract public attention - and how many of these may be put at one property.

The eThekwini Municipality is reviewing its by-laws and this issue may fall subject to review, so the requirements could change in the future.

At present eThekwini by-laws do not require estate agents to apply for municipal approval before they place "to let" or "for sale" signs on properties.

However, in terms of the by-laws, such signs must be displayed in accordance with certain criteria laid down in the by-laws.

Signs must be located within the boundaries of the premises advertised for sale or to let.

Advertisements should not project beyond the boundary of the premises by more than 100mm into the road reserve or street and must not be bigger than 2m x 1.5m.

If the ad is for a house, it must not be larger than 1.5m x 1m.

"Premises" means any building together with the land on which the building is situated, adjoining land used in connection with it and any vacant land.

This means sectional title schemes are also regarded as premises.

If the premises have more than one street frontage - in other words, if different sides of the property face different streets, such advertisements are limited to one per street frontage, which means that an agent cannot place more than one sign facing the same street.

In terms of the by-laws, an advertisement that is painted on or in any way affixed to the inside or outside surface of any window of a residential building other than a display window is prohibited.

It is important to note that the display of pointer boards on municipal property, to indicate the direction to showhouses or flats for sale, requires municipal approval.

There are certain requirements that an agent needs to comply with before the municipality grants its approval.

The agent is required to submit an application on a prescribed form and pay a prescribed fee to the City Engineer, who then issues a permit disc.

The permit disc will specify the number of pointer boards the agent is allowed to display on the municipal property.

Not more than four pointer boards can be displayed in respect of each showhouse or flat and such boards have to be displayed more than 30 metres from one another.

Property Guide (Sunday Tribune)


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