LOCATION, LOCATION, LOCATION

A homeowner’s right to complain about a development on a neighbouring erf depends on the zoning of their property. Municipalities divide the area under their jurisdiction into various land-use zones. Certain zones are allocated for freestanding homes only, while others are for freestanding houses as well as flats and complexes. Some zones are also reserved for business or industry.

Building regulations apply to the properties in each zone, and zones are all permitted a certain coverage, density and floor-area ratio. Coverage is the maximum area of the property that may be built on, floor area ratio is the maximum floor space allowed under the roof, and density is the number of dwellings allowed per hectare (10 000m2).

Each municipality has its own regulations for land use in the various zones.

You can find out from your municipality’s town and regional planning department about the zoning permissions that apply to your and your neighbours’ plots. Although your neighbour is right next door, their zoning may be different. Many municipalities have their zonings on their websites, which makes checking easier.

If your property is in a zone where homeowners are allowed to build five storeys on 95% of the plot, developers will be able to do the same.

In such a case the developer doesn’t have to give advance notice to neighbours because they’re acting within the zoning regulations, says Steve van Wyk, managing director of Seeff in Centurion, Gauteng.