How exactly would he have known that?
There are hundreds upon hundreds of development plans in the city.. and you're expecting a draughtsman to know about some random road being built behind your property.....
I believe he has gotten BUILDING LINES confused with a SERVITUDE. A SERVITUDE is registered against the Title Deeds of a property and is marked on the SG Diagram. A servitude is there for the provision of services I.E.: Power, Sewers&Drainage, Telecoms etc. Servitudes are generally very wide - a standard Power Line servitude is 20m i think. Under no circumstances are you allowed to build on servitudes and nor can they be relaxed or removed.
BUILDING LINES or "SIDE SPACES" are simulated imaginary lines a certain distance from your property boundary over which you may not build. These lines are not indicated on the SG diagram or Title Deeds, instead the measurements are governed by those wonderful people (and i mean they are truly wonderful people) called Town Planners. Each area has certain buildings associated with that land use zone. In Durban generally in a residential area your street frontage is 7.5m and your rear and side space is 5m.
If you build over the building lines with out obtaining the consent of the council either through a Relaxation Application or Special Consent Application then they can take you to court and force you to either get their permission or tear it down.
Some general information that would be of use to this thread:
The Road Reserve next to a National Road is usually 25m.
The very virtue of my job means that i deal with obtaining Town Planning and Building Inspectorate approvals on a daily basis.
You cannot submit a building plan for consideration without obtaining Town Planning approval first. The Building Inspectorate will not even look at the plan if it has not been passed by Town Planning. That is why the building plan was never approved in this guys case is because town planning reffered it before it could even get to the building inspector because the building encroached over the building line/servitude.
When you submit a plan for TOWN PLANNING APPROVAL the following are required (most municipalities work this way) :
1.At least 4 copies of the plans
2.The Title Deeds
3.SG Diagram
When you submit a plan for BUILDING INSPECTORATE APPROVAL the following are required (most municipalities work this way) :
1.At least 6 copies of the plans
2.The Title Deeds
3.SG Diagram
4.SACAP Architectural Compliance Certificate
5.SANS10400 forms signed by the OWNER and by the ARCHITECT & ENGINEER
6.If the owner of the property is not a natural person I.E. Company/Trust etc then a Board Resolution needs to accompany the SANS10400 forms giving whoever signed the SANS 10400 forms the permission to do so for that entity.
The SANS10400 was introduced this year - this is an INCREDIBLY onerous document and places EXTREME liability with the Architect and/or Engineer. An Engineer charges me R10k just to sign these forms because of the huge liability he is taken on when he signs them.
Cellular Base Stations are Exempt from needing at Architectural Compliance Certificate. (just useless titbit for you guys to file away)
SG Diagrams are publicly available on the Surveyor Generals website here:
http://csg.dla.gov.za/esio/searchindex.htm
The key to getting your SG Diagram is knowing what your property description is and what township it falls under. Your street address IS NOT your property description.
Your property description is reflected on your Title Deed and can also be found using GIS systems.
eThekwini Municipality has one of the best GIS systems in the country and it is freely available for anyone to access:
http://citymaps.durban.gov.za/website/master/viewer.htm (will not work on higher resolution screens so resize the window till it does work - and it only covers the eThekwini area)
The KZN dept. of Transport has a GIS system that covers the entirety of KZN and can be found here:
http://gis.kzntransport.gov.za/transport/
Use the GIS system to find your property Description.
A property description for an Urban Area is only valid if it has two things: The ERF number and the Township Name. You need these two things to get an SG Diagram.
Examples: ERF 5, KRANSKOP. ERF 795, DURBAN. REMAINDER of ERF 567, CHATSWORTH.
Sometimes you will see things like this: 3/5067 what that means is that the land is PORTION 3 of ERF 5067 (i.e. the original ERF has been subdivided)
When you see something like this: RE/5067 that means that the land is REMAINDER of ERF 5067. (i.e. after it was subdivided that is what was left it is also known as portion 0)
Urban Land is land that is within a Town Planning Scheme. Pretty much all of suburb people fall into this category.
Rural Land is land which does NOT fall under a Town Planning scheme. Traditionally this is FARM land. All land in this country was once farm land out of which Town Planning Schemes were carved.
The property Description for farm land is a bit different. You need 3 things.
The Farm Name (every farm has a name)
The Farm Number (every farm has a number)
and the Registration Division (i.e.: FU, FS etc)
Example: The Farm Reiszicht 37457 Reg. Div. FU
Once you know the Property Description of a piece of land you can then obtain the SG Diagram and the Title Deeds.
I can publicly obtain the Title Deeds from websites such as WinDeed (its not free) and the SG Diagram i can obtain from the Surveyor General's website (free).
I hope that helps some people understand things a bit clearer
