You have just taken transfer of your dream home. It’s single storey, north facing so it gets the sunshine and has breath-taking views. One day you notice that your neighbour is renovating. This doesn’t concern you as it will add value to your property. However, you soon realise that they are not only building outwards, but also upwards. They are adding not one, but two stories to their home. Your beautiful view is now that of a brick wall and your warm afternoon sunshine has vanished only to be replaced by darkness and cold all year round. The only thought going through your head is, “surely this can’t be legal!”
Unfortunately, in most cases it is completely legal! Although many houses are initially small and appropriately sized for their plots, it is common to find that there is a right to extend upwards and sideways from the time the plans were first approved.
What does this mean for you, the purchaser? Essentially, before signing the Sale Agreement, it is advisable that you do a bit of research by checking the zoning rules that apply to the street of your dream home. Then you will be in a better position to decide how important those views are to you and if you are prepared to take the risk of perhaps losing them at a later stage. It does also mean, however, that just as your neighbour can build upward and outward, so can you!
However, the law does require that building plans be submitted and approved by the municipality. The development and use of land and buildings are generally controlled by various laws and regulations. In addition, the land owner must comply with the provisions of the zoning scheme, which sets out rights and restrictions in respect of a specific land unit. The Title Deed of the property may also contain restrictions as to land use.
|Unfortunately, landowners often contravene these controls and regulations and on occasion build without having even submitted and/or received approval of their building plans. In such a case, on receipt of a complaint, the municipality will investigate and take appropriate action.
An interesting example is the case of a beachfront home built at Kenton-on-Sea, Eastern Cape, without the necessary building approval. The neighbour whose sweeping, panoramic views of the ocean were obstructed by the renovation lodged a complaint with the local municipality. Upon investigation by the municipality and after an extended court case that reached as far as the Supreme Court of Appeal, it was ordered that the R8m home be demolished!
This article should not be used or relied upon as professional advice and is for information and marketing purposes. Please consult with one of our attorneys should you need legal assistance relating to this area of law.