Boundary Wall

Dolby

Dolby

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My tenants have just contacted me to let me know that the new neighbour has increased the height of the boundary wall between them and us (free standing house) and they've used standard, different bricks with cement hanging out everywhery making it quite unsightly.

I haven't seen the wall as yet (I'll go on the weekend) but I Have a few questions :

a) Is there a limit on how high the boundary wall can be?
b) It's a single brick boundary wall - surely to go quite high tey need double brick (if there is no limit on height)?
c) Don't they need to ask permission - or at least tell?

From her conversation over the phone, it also sounds as if they've extended the garage and the boundary wall is now the garagewall as well. If this is true, isn't there a limit of how close a building can be to a boundary wall?
 
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Found this on boundary walls :

Boundary (party) walls or fences

Neither owner may, without the consent of the other remove, raise or lower the boundary wall or tamper with it in any way except in an emergency, although in terms of common law a neighbour is allowed to break down a wooden fence and replace it at own cost with a more expensive partition.

Either owner may re-erect a boundary wall destroyed by an act of God, such as fire or flood; the other owner would have to contribute half the cost - if he or she will derive any benefit from it. Each owner is obliged to contribute to the maintenance and repair of the wall, although an owner can refuse to contribute to the cost of an unreasonably expensive new wall. Moreover, an owner is under no obligation to replace with a similar structure a boundary wall that was unreasonably expensive when it was originally erected.

It is best to come to an agreement with your neighbour on the amount to be spent on the wall. Although both of you would be entitled to reasonable use of the boundary wall, fence or hedge, this right does not include reducing its strength or making it unstable. It does, however, include improving and altering the appearance of the side that fronts your property. Subject to local-authority regulations, you may use your side of the boundary wall as support for a beam or for water pipes. If it is strong enough, you may even build on it.
 
Jip.

They need your permission if I remember correctly for the garage to be within 1 meter I think and also for alterations to the wall except if the whole wall is on their side of the boundary line.
 
Johan449 said:
Jip.

They need your permission if I remember correctly for the garage to be within 1 meter I think and also for alterations to the wall except if the whole wall is on their side of the boundary line.
Click to expand...

Thanks Johann - also tend to remember 1m distance.

I see this becoming nasty though, as whatever approach I use, he's going to have to demolish what he's built and lose money :/
 
They also need a blueprint/contract to do this (Maximim wall length w/o blueprint is 1m - i think).
Cos our neigbour did this to us after we did it to them.
Just contact (not sure who now), and they will send out an inspector, will ask for blueprint?? ... u get the pic. Sorry for the vagueness.
 
Well at least he's paid for it. If you follow the law you will have to pay half...
 
There's no 'at least'

I'd have no issue paying if it looked decent - but he didn't even ask.
 
Dolby said:
Thanks Johann - also tend to remember 1m distance.

I see this becoming nasty though, as whatever approach I use, he's going to have to demolish what he's built and lose money :/
Click to expand...

The distance depends on the area you're in. In some places, it's a metre; in others, it's 6 metres. You need to contact the local council; each area has it's own regs on what that distance is - anything within that distance has to have the neighbour's consent.
EDIT: They may also have to have the council's consent for building within that distance, as it also has someething to do with fire regulations. But I could be remembering that incorrectly. Best bet; call and ask. Remember to specify the suburb.
 
Just got this :/

a) they could ask you to share the cost. If it is higher than 6 feet they need a plan and Council approval.

b) in a six foot high wall the first metre must be 9 inches i.e 2 bricks wide. The rest can be single brick. If it is higher than that it must be 2 bricks wide all the way.

You can build on your one side boundary providing the roof is behind a parapet wall i.e the roof is not exposed to your side.
 
Went to see the place - surely this cannot be right?

http://mybroadband.co.za/photos/showphoto.php/photo/13812/size/big/cat/500 (my side)

http://mybroadband.co.za/photos/showphoto.php/photo/13811/size/big (his side)

I'd guess 10ft+ on my side and over 6ft on his side. The wall is not a true double wall : he's basically built a 2nd single wall right next to the existing single wall which make it look diuble, but it's still two independant single walls.

Would I be wrong in asking him to plaster and paint my side of the wall at his expense? He's even used grey brick as opposed to red ....
 
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Thats definitely not right - he's going to have to take it down.

This should help you out:

http://www.capetown.gov.za/en/planningandbuilding/Documents/FencePolicy2_draft_June_08.pdf

"No boundary wall or fence shall exceed 1,8 m in height on a street boundary and 2,1 m in height on a lateral boundary;"

Also found this:

http://www.lw-architects.co.za/FAQ.aspx

Q: 4. Can I build a boundary wall around my property without submitting plans to the Local Council?
A: Depending on the Local Council in your area, any wall over 1.2m from natural ground level needs to be submitted to Council for approval. Any boundary wall higher than 2.1 m needs to be designed and checked by a structural engineer. Always build the boundary wall as per the design rules in the National Building Regulations, any registered architect should have a copy and should be able to inform you about these design rules.
 
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Thanks Greg!

I'll speak to him shortly to see what plans he has. Wanted to see I wasn't over exaggerating
 
There are No set rules for boundary walls and where they can go. But a boundary wall needs city planners permission if it exceeds 1.2m in height. If the boundary wall is built inside the other person's boundary then the neighbours have No power to stop him from doing anything.
Another thing to remember is every plot of land has building lines. This is an invisible perimeter around the edge of the land onto which you may not build under any circumstances. The building line is different from plot to plot but can be found on your SG Diagram. Its usually around 2m i think. This is to stop the spread of fires from one place to another. What your neighbour has done is build right onto the boundary. The only way he could have done that is to obtain permission from the council to relax the building lines. If he did not do that then you can go to the council and they will Force him to tear that structure down. Also it appears that eaves of that garage will stick over into your hard. Which i dont think is allowed.
 
GayTechie said:
There are No set rules for boundary walls and where they can go. But a boundary wall needs city planners permission if it exceeds 1.2m in height. If the boundary wall is built inside the other person's boundary then the neighbours have No power to stop him from doing anything.
Another thing to remember is every plot of land has building lines. This is an invisible perimeter around the edge of the land onto which you may not build under any circumstances. The building line is different from plot to plot but can be found on your SG Diagram. Its usually around 2m i think. This is to stop the spread of fires from one place to another. What your neighbour has done is build right onto the boundary. The only way he could have done that is to obtain permission from the council to relax the building lines. If he did not do that then you can go to the council and they will Force him to tear that structure down. Also it appears that eaves of that garage will stick over into your hard. Which i dont think is allowed.
Click to expand...

I can confirm that most of the above is accurate. Note what GayTechie says about walls built within your neighbours boundary; you have no say on it's construction or finish. Basically, if it's council approved and on his property, and you don't like it, your only recourse is to build your own wall on your property (unless your neighbour gives you permission to plaster your side of his wall). Also note that while some areas have 1m, 2m, or 6m building lines, others have no building line, and the rules can vary within the same area, ask your local council. Also, building lines are not indicated on SG diagrams, but servitudes are, so checking the diagram may or may not help you.
 
I have just paid around R8k to have building plans approved in PE. We want to build a double garage and work area in the corner of our property and convert the existing double garage/workshop into a flatlet.

I had to obtain signed approval from all 3 neighbours before the Metro would approve the plans. I am building on the boundary line and to build the new structure I have to break down 2 shared boundary walls.
 
It doesn't look like he's finished it.
Even so, he doesn't have to plaster it or paint it AFAIK. Tell him to fix it.

Be aware that if he puts a roof on it he can call it a patio and then it can be higher.
Call the building inspector ASAP so he can see who built it.

He would need plans to build anything like that.

Check the plans for his house and see exactly where he can build.
As a wall it is far too high.
 
Drunkard #1 said:
I can confirm that most of the above is accurate. Note what GayTechie says about walls built within your neighbours boundary; you have no say on it's construction or finish. Basically, if it's council approved and on his property, and you don't like it, your only recourse is to build your own wall on your property (unless your neighbour gives you permission to plaster your side of his wall). Also note that while some areas have 1m, 2m, or 6m building lines, others have no building line, and the rules can vary within the same area, ask your local council. Also, building lines are not indicated on SG diagrams, but servitudes are, so checking the diagram may or may not help you.
Click to expand...

Thanks for clarifying. I learnt most of that in first year so my memory of it was a bit hazy.
 
I love forums ...

I put the pictures up on another SA forum I'm on, and received a PM from the head planner at one of JHB districts. He's going to arrange an inspection.

Thanks for the advice!
 
Ok wait. I only read this now and had a look at the photos.

Appart from the wall not having been finished, his side and yours wtf are you complaining about? The wall is higher meaning you don't have to look at his place and that is a little more security as someone could have scaled the wall from his side to yours.

I would just ask him to pls have the wall finished on your side as it looks k@k.

That being said, you complain about a wall when someone stole your grass? :confused:
 
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