The house I own is on a sectional title ...

Asked by Stephen on 25-12-2022 12:35:58
Question posted in the Property Law category relating to Gauteng

The house I own is on a sectional title erf in Waterkloof, Pretoria, built in 1991. The erf is 1276 sqm. The 2 dwellings built on the erf share a common wall. One dwelling measures 371 sqm and the other 243 sqm. I have the original council approved building plans,  sectional plan, and title deeds for the two dwellings. It has come to light that the zoning for the erf would only allow an additional dwelling, if the erf was 2000 sqm. The building file for the property was lost in the 1997 Munitoria fire. The council are insisting that I have to rezone, before I can sell the property. What are my options here given the situation?

If you would like to view the entire answer, you will need to either login or register a FREE account.


DISCLAIMER: Advice or answers from Lawyers on South African Legal Advice are not substitutes for the proper advice of an Lawyer. South African Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not South African Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.