What You Need to Know About Fencing Rights

Perimeter fences and walls are a common sight in South African neighbourhoods, providing an added layer of security and allowing children and pets to roam safely within your property. However, if you’re considering installing a perimeter fence, it’s important to proceed carefully. Failing to follow the proper regulations could end up costing you a significant amount of money, warns Gerhard Kotzé, CEO of the RealNet property group.

“Some of the rules regarding your property and its boundary line are outlined in the Deed of Title (DoT), often linked to the Conditions of Establishment (CoE) of the town where your property is located," he explains.

“Local governments also have zoning laws and building regulations that dictate what you can and cannot do with your property. A boundary wall must comply with all these guidelines, including height restrictions, setback requirements, and aesthetic considerations.

“These by-laws exist to ensure safety, preserve the character of your neighbourhood, and prevent encroachment on other properties or public spaces. If you plan to build a boundary wall or fence, you must adhere to these rules.

“Additionally, you’ll need to submit building plans to your local municipality for approval before starting any construction. If you don’t, the municipality has the right to order you to remove the wall or fence—at your own expense.

“Another crucial factor to consider is servitudes. These are legal agreements that grant individuals or companies certain rights to use portions of your property. For example, Eskom or your local municipality may have the right to install power boxes, fibre optic cables, or water pipes on your land. Before building, you must ensure that your boundary wall or fence does not encroach on or obstruct access to these servitudes.

“Finally, it’s essential to know exactly where your property line begins and ends. This information can be found in your Deed of Title, which includes a diagram number and a detailed map of your property, known as an SG diagram. If you’re unsure how to interpret this map, hiring a land surveyor can help confirm and clearly define your property’s boundaries.

“All in all, staying informed about property regulations can help you avoid costly mistakes and ensure that any changes you make comply with the law.”