Asked by the Customer on 22-04-2015 13:46:00
Question posted in the Property Law category relating to Gauteng
Question posted in the Property Law category relating to Gauteng
Hi, I need advise regarding a primary school operating next door. I bought my property in 2013, it was nice and peaceful. In 2014 the neighbouring property was sold. In Jan 2015 we found that the property was sold to a woman that operates a pre-school down the road from us. She has now transformed this neighbouring property into a primary school. The noise is just absolutely unbearable, I don't want to go home anymore.
All the home owners next to this primary school are furious and does not approve of this school.
We've tried to do some homework. We could not find that this property was rezoned for business. The school owner at no point informed anyone that she'll be opening a school.
Is there anything we can do about this?
All the home owners next to this primary school are furious and does not approve of this school.
We've tried to do some homework. We could not find that this property was rezoned for business. The school owner at no point informed anyone that she'll be opening a school.
Is there anything we can do about this?
Message from the Attorney
Posted by Att. Patrick on 22-04-2015 14:20:59
Hi there and thank you for your question,
The first thing to check is whether she has a business licence that will allow her to legally operate a playschool from this adjoining property. You should check with her, and you can also check with your municipality. She should have also obtained permission from her neighbours and also from the Dept of Education!
This article sets out an example just like yours: http://www.property24.com/articles/be-careful-running-a-home-business/12701
If her property is NOT zoned for business, then it must be single dwelling residential. That needs to be discussed with your council / municipality.
In short, lodge a complaint with your council / municipality, your home owners association, and the department of education.
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.
The first thing to check is whether she has a business licence that will allow her to legally operate a playschool from this adjoining property. You should check with her, and you can also check with your municipality. She should have also obtained permission from her neighbours and also from the Dept of Education!
This article sets out an example just like yours: http://www.property24.com/articles/be-careful-running-a-home-business/12701
If her property is NOT zoned for business, then it must be single dwelling residential. That needs to be discussed with your council / municipality.
In short, lodge a complaint with your council / municipality, your home owners association, and the department of education.
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.
If you would like to view the entire answer, you will need to either login or register a FREE account.