Handle loss of view

2016-09-14 06:00


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MY neighbour has recently started building a new double-storey extension to his house which has dramatically impacted on my view as I now look directly into the back of his double storey from my main living area. Is he allowed to just build?


More and more home owners choose to expand or renovate their homes.

Unfortunately, many embark on this process without adhering to the applicable standards and regulations as set out in the National Building Regulations and Building Standards Act 103 of 1977 (Building Standards Act) and obtaining all the necessary consent.

According to the Building Standards Act, any plans and specifications by a property owner which involves the erecting of buildings and/or structures must be approved by the local authority beforehand.

During the process, the local authority has a discretion to refuse a building plan application on the grounds that it could negatively affect neighbouring properties in the area in which the building is to be erected, if the planned building work will be unsightly or objectionable or if it will detract from the value of adjoining or neighbouring properties. This section protects property owners from ending up in a situation where their property suffers a drastic decrease in value due to building activities of their neighbours.

If you suspect that your neighbour is conducting building activities without following the proper procedure or which could have a detrimental impact on your property, I recommend that you liaise with the relevant local authority and ascertain whether the required processes had been followed and approvals obtained.

For assistance with this process, it may be prudent to involve your attorney.
Johnny David, Phatshoane Henney Attorneys

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