Neighbours & Your Building Plans
Category Legal
Many may know that renovations add a considerable amount of value to a home, be it renovating the inside of your home, or adding additional space to your backyard. The process of your architect drawing up plans, and submitting those plans for approval, can be time consuming and stressful as is. The added stress of neighbours unnecessarily complaining about your building plans is a factor you shouldn't have to worry about, should it?
So, you may be thinking, can your neighbours legally object to your building plans?
Know Your Rights
According to the National Building Regulations and Building Standards Act ("NBA"), as the owner of your home, you are under no legal obligation to inform your neighbours of the changes you have submitted. The NBA even further holds that neighbours do not have a general right to object to building plans.
Even though it may seem pretty black and white, and you may be thinking your neighbours cannot interfere with your building plans, there is always more than meets the eye.
When Should You Inform Your Neighbours
The NBA is there to protect all parties involved. With this being said, in Walele v City of Cape Town and Others, the Constitutional Court confirmed that neighbours do not hold a general right to object to building plans, however stated that the local authority (your municipality) holds the responsibility to consider the rights of the neighbours that may be affected, in terms of section 7 of the NBA.
Contrary to what is written above, an owner may be legally required to inform their neighbours of building plan applications in terms of the by-laws of a specific authority. There are certain exceptions to the general rule as in the Walele case where one would need to notify their neighbour:
a) Where an application for approved building plans is done together with an application for rezoning; or
b) Application for removing a restrictive condition such as relaxing the building lines.
Your Neighbours & their Objections
Furthermore, your neighbour may be able to object to your building plans if they have been given this right in terms of any other law, or the municipality; therefore it is the municipality's responsibility to consider their objection.
This does not mean that your neighbour's obligation will prevent your application from being approved, but it is important to get professional advice when submitting your building plans.
Disclaimer: The above is merely for information purposes and does not purport to be legal advice. Clients are advised to get professional advice depending on the merits of their case. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein.
Sources:
- The National Building Regulations and Building Standards Act.
- Walele v City of Cape Town and Others 2008 (6) SA 129 (CC)
Written by: Hayley Kellerman
Author: Louw & Coetzee Properties
