Good Day.I have built a house in a secur...

Asked by the Customer on 26-01-2016 15:12:01
Question posted in the Property Law category relating to Gauteng

Good Day.I have built a house in a security Estate.My initial building plan was approved,then during the construction,we decided to add another room,the architect amended the plan and submitted it to the estate architects for approval while the building continued.On final Inspection,the estate architest noted that my house has gone over the building line with about 3,5sqm.The adjouning stand to this encroachment is a vacant land(greenbelt)Now the Estate Directors are refusing to grant me the occupation certificate,there was a residents meeting where it was VOTED that i be penalised for this encroachment,with an amount of about R148 000.I did not build over any pipes or servitudes.The City of Tshwane has given me Approval for the occupationof the building but the Board of Directors are refusing me one,especially since the Estate Regulations do permit for relaxation of building lines?
My question is--Since i did not build over on to the adjourning land,why am i being penalised for this encroachment which is still within my yard?
Why is the Board of Directors refusing me the Occupation Certificate when my house is actually habitable?

What can i do to force the Board of Directors to issue the Occupation Certificate?

Thank you
AD Mauoane

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