Neighbour objections to renovations

2016-10-27 06:00

OBSTRUCTION of views when people are renovating is an ongoing issue and always problematic when it comes to the interpretations of building regulations.

This is according to Lanice Steward, managing director of Knight Frank Residential SA, who says many neighbours would object to renovations on the adjacent property if the new building was to detract from their view, the property value and privacy. Some are even willing to pay huge sums of money in taking their objections to court to prevent the renovations or building work taking place.

In a case recently covered in a Smith Tabata Buchanan Boyes property law update, Turnbull-Jackson v Hibiscus Coast Municipality and Others.

Turnbull-Jackson objected to construction work that had begun on the property next to his, even though the municipality had approved the plans for the work being carried out by the owners, Pearl Star Investments.

Turnbull-Jackson’s argument was that it would detract from his sea views, privacy and the property value, and appealed against the plan approval. Construction was stopped after an interdict was granted and revised plans were submitted. The revisions were approved but, again, Turnbull-Jackson appealed and won.

Turnbull-Jackson was against the third version of the plans submitted, but this time his appeal was unsuccessful. He took the matter to the High Court, unsuccessfully, but refused to give up, and took the matter to the Supreme Court of Appeals, which denied his application. In a last attempt, he then took the matter to the Constitutional Court and was unsuccessful.

“One would think that he would have given in earlier and accepted that the construction was likely to go ahead, but in this case he continued to halt the building works and spent huge sums of money in taking the matter to court after court.

“If you are the person planning to renovate, it is always advisable to approach your neighbours and discuss your plans with them first before submitting them for approval. Many neighbours are more accepting when they are approached first instead of being given a fait accompli,” says Steward. On approaching the neighbours while planning renovations, it might be necessary to make small concessions when discussing plans with them and being sensitive to their needs, she says.

“Not to say that would have appeased the neighbour in the case above, but had he been consulted beforehand, he might have been more amenable and the owners would not have had their project delayed for years.

“One should be aware that there have been many changes to zoning regulations and that if the neighbouring owners decide to build onto their home or upwards, the plans could be approved based on densification principles and that objecting to these, if not completely founded, might be wasting valuable time and resources,” says Steward.

If buying a property, also be aware of what could happen next door, and think about whether you would be able to accept what could be built. Even if there is a height or building restriction in the title deeds, the owners of the property could get that lifted, meaning it does not give unlimited protection.

- Property24.


If you are the person planning to renovate, it is always advisable to approach your neighbours and discuss your plans with them first before submitting them for approval

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.
NEXT ON NEWS24X

Inside News24

 
PARTNER CONTENT
INFOGRAPHIC: New thinking required for retirement

Everything we believe about retirement is fast becoming outdated.

/News

Book flights

Compare, Book, Fly

Traffic Alerts
There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.




Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.