Built without plans, over a municpal servitude and building line

lowriderza

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May 23, 2019
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He wanted to run their storm gutters into the sewerage...

I bought a house with this exact setup and it was only fixed a few weeks after we moved in. It was a nightmare, because of course it can't handle that much water and backs up...
 

Osman16

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Oct 22, 2017
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Funny story. I know about a guy (really high up) who bought two properties. Now ito the law you can't connect properties so what they did was to build the corridor with door and everything and boarded it up. Once the building inspector left they just removed the boards. The structure is now legal and everything.

There's no easy way to do it in this case but the moral is once it's approved they have no further legal standing.
I could go the long hard route, and get it approved and legal, probably after a long time, considering how long the municipality is taking and all the other issues i.e going to court and fighting their objection but that would just create bad blood between my neighbour and I, i would have my double story house and so on, but should the day ever arrive i need their help in an emergency it might come back to bite me.
 

Osman16

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Oct 22, 2017
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Funny story. I know about a guy (really high up) who bought two properties. Now ito the law you can't connect properties so what they did was to build the corridor with door and everything and boarded it up. Once the building inspector left they just removed the boards. The structure is now legal and everything.

There's no easy way to do it in this case but the moral is once it's approved they have no further legal standing.
I could go the long hard route, and get it approved and legal, probably after a long time, considering how long the municipality is taking and all the other issues i.e going to court and fighting their objection but that would just create bad blood between my neighbour and I, i would have my double story house and so on, but should the day ever arrive i need their help in an emergency it might come back to bite me.
 

maumau

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I could go the long hard route, and get it approved and legal, probably after a long time, considering how long the municipality is taking and all the other issues i.e going to court and fighting their objection but that would just create bad blood between my neighbour and I, i would have my double story house and so on, but should the day ever arrive i need their help in an emergency it might come back to bite me.

Bad vibes with a neighbour isn't pleasant.
 

maumau

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Definitely, and credit to them, they are still pleasant with me, despite circumstances.

They sound like decent people, so do you :)

Let's hope they go with a signature in return for single story. At least that solves one problem.
 

scudsucker

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Oct 16, 2006
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Also it sounds like ure planning on going up. 1m for a double story from the building line is invasion of privacy.
Totally dependent on area. My arsehole neighbours recently built a second story with double French doors overlooking my back garden (aka, zero privacy) and when I looked up the relavent regulations, I found he could legally have gone to three stories.

And he's behind the building line with that part of the house so I can't do anything about it.

It varies wildly.
 

Swa

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May 4, 2012
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I could go the long hard route, and get it approved and legal, probably after a long time, considering how long the municipality is taking and all the other issues i.e going to court and fighting their objection but that would just create bad blood between my neighbour and I, i would have my double story house and so on, but should the day ever arrive i need their help in an emergency it might come back to bite me.
You won't win in court. I was more mentioning it due to the fact that approval trumps any regulation but I can't see a way you could get this approved as it's clear where you built.
 

Swa

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I'd be hard pressed to see how something they failed to disclose and actively hid from the inspectors is now legal.
No evidence. Wall with door was there when the inspector came and signed off. It wasn't a permanent structure and he overlooked it.
 

Osman16

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Oct 22, 2017
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Totally dependent on area. My arsehole neighbours recently built a second story with double French doors overlooking my back garden (aka, zero privacy) and when I looked up the relavent regulations, I found he could legally have gone to three stories.

And he's behind the building line with that part of the house so I can't do anything about it.

It varies wildly.
I hear you. Our building regulations actually sllow for us to ho up, had i not done this i could have built up and extended the main building. The laws are confusing. He may legally be able to gi three stories but directly iverlooking into your property? Thats just insane
 

RedViking

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Feb 23, 2012
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I'd be hard pressed to see how something they failed to disclose and actively hid from the inspectors is now legal.

It is a very common & skelm, but not so skelm, technique used by developers. Lets just say the inspector "didn't notice" it. ;)
 

Osman16

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Oct 22, 2017
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You won't win in court. I was more mentioning it due to the fact that approval trumps any regulation but I can't see a way you could get this approved as it's clear where you built.
Lets hope the issues are resolved without the need for further legality
 

rodga

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May 9, 2007
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Even if your neighbours object and refuse to sign off on the building line relaxation, the final decision lies with the municipality, so even if an objection is filed, the municipality may approve the application (and conversely, even if no objection is filed, the municipality may refuse the application).
 

Osman16

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Oct 22, 2017
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Even if your neighbours object and refuse to sign off on the building line relaxation, the final decision lies with the municipality, so even if an objection is filed, the municipality may approve the application (and conversely, even if no objection is filed, the municipality may refuse the application).
This is what i have also been told. Let us just hope all works out and all 3 parties end up happy.
 

Corelli

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Jun 20, 2008
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Well at least its not in Camps Bay or you would be toast. Even blocking the view a little would have the whole neighbourhood complain.

Just try and rectify it as much as possible.

Funny but our building line is in the border. So we asked our neighbour to raise the wall between us and them and they told us to goto hell.

So we simply built a wall all along the boundary wall and raised it to 2.5 metres. (Prev boundary wall 1.5m). They complained but because the council approved it, we told them where to shove it. They went to the council who told them we had every right. Funny the woman we bought our house from couldnt speak a word of english so she never signed our complex building rules. The council pointed out that she was the only one who didnt sign her section of road over to them. So theoretically i can build a garage in the road infront of my house or even wall off the entire road. My neighbour across is in good terms, so when someone parked infront of their garage i had the car towed because it was on my land. The council just complied.
 
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