BUILDING LINE RESTRICTIONS
Category Property Ownership
You thought that erecting a carport next to your home would increase the property value as well as offer a shady spot for your son's car. The well-constructed carport fits in snuggly between your house and the boundary wall with the roof slightly protruding for extra shade. You felt quite proud of yourself until you found that your neighbour laid a complaint against you at the municipality and the building inspector knocked on your door, citing the words 'building lines' and 'Municipal Bylaws'. What is the meaning of these?
In short, municipal bylaws are local laws that regulate various aspects of public life and service delivery in a municipal area. They are enacted by the municipal council in accordance with the Constitution, and other national and provincial legislation.
Planning and Development Bylaws fall into one category that regulates Building Lines that stipulate the distance from any one of your boundaries within which no structure is allowed to be constructed. The exact distance from the boundary that you are allowed to build a house depends on the municipality, the zoning regulations in place for the specific area, and the type and location of the property.
If you want to build or erect a structure within the restricted building lines, you need to apply for a relaxation or a waiver from the local town planning department, which will also consider the zoning. You will also need to get the permission of your neighbours in writing. It is also important to check the title deed of your property as further restrictions might be stipulated. If you wish to change any such stipulation from your title deed, you should understand that you are in for a long and costly process.
Encroaching the building lines without permission is a serious violation of the town planning regulations and can have negative consequences for you and your property.
Some of the possible consequences are:
- You may reduce the value and appeal of your property, as well as the neighbouring properties, by creating an unsightly or unsafe environment.
- You will encounter difficulties in selling or transferring your property because you must disclose the violation.
- You may face legal action from your neighbours who might claim damages from you.
- You may be ordered by the municipality or the court to demolish the structure that violates the building lines.
- You may be fined by the municipality for contravening the building regulations.
Therefore, it is advisable to avoid building on the building lines without permission and to seek professional advice from an architect or town planner before you start any building project on your property.
Author: Adrie Barnard