Rietvlei Ridge Country Estate - BUILDING RULES AND REGULATION COMPILED JULY 2004
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Rietvlei Ridge Country Estate BUILDING RULES AND REGULATION COMPILED JULY 2004 (8TH REVISION FEBRUARY 2019)
Table of Content 1. INTRODUCTION ....................................................................................................................................... 1 2. IMPORTANT NOTICES .............................................................................................................................. 1 2.1 RELAXATION OF RULES AND REGULATIONS ...................................................................................................... 1 2.2 DESIGN & ARCHITECTURAL STYLE .................................................................................................................. 1 2.3 SUBMISSION & APPROVAL PERIOD ................................................................................................................ 2 2.4 CONTACT DETAILS ...................................................................................................................................... 2 2.5 BUILDING DEPOSIT & PENALTIES ................................................................................................................... 3 2.6 APPOINTING AN ARCHITECT/TECHNOLOGIST/DRAFTSMAN ................................................................................. 4 2.7 DEVIATION OF EXISTING PROPERTIES .............................................................................................................. 4 2.8 APPOINTMENT OF A CONTRACTOR AND LAND SURVEYOR ................................................................................... 5 2.9 ROAMING THE ESTATE ................................................................................................................................ 5 2.10 CERTIFICATES ............................................................................................................................................ 6 2.11 STANDS .................................................................................................................................................... 6 2.12 RENOVATIONS ........................................................................................................................................... 6 2.13 GENERAL .................................................................................................................................................. 6 2.14 SECTIONAL TITLES ...................................................................................................................................... 7 3. TOWN PLANNING CONTROLS .................................................................................................................. 7 3.1 COVERAGE ................................................................................................................................................ 7 3.2 BUILDING LINES ......................................................................................................................................... 8 4. TREATMENT OF STAND BOUNDARIES...................................................................................................... 9 4.1 STREET BOUNDARY WALLS ........................................................................................................................ 10 4.2 BOUNDARY WALLS FOR CORNER STANDS ..................................................................................................... 10 4.3 SIDE SPACES AND BACK BOUNDARY WALLS ................................................................................................... 10 5. NATURAL GROUND HEIGHT ................................................................................................................... 10 5.1 FOUNDATIONS ......................................................................................................................................... 10 5.2 LANDFILL & EXCAVATION........................................................................................................................... 11 6. DESIGN RULES AND REGULATIONS ........................................................................................................ 12 6.1 PLACEMENT OF BALCONIES AND ROOMS ...................................................................................................... 12 6.2 APPROVED BUILDING MATERIALS ................................................................................................................ 14 6.3 ARCHITECTURAL DESIGN ELEMENTS ............................................................................................................. 18 6.4 SITE PLAN AND LANDSCAPING..................................................................................................................... 21 6.5 WATER AND ENERGY SAVING ..................................................................................................................... 21 6.6 ALTERNATIVE BUILDING CONSTRUCTION....................................................................................................... 22 7. PROHIBITED BUILDING MATERIALS ....................................................................................................... 22 8. CONSTRUCTION ACTIVITIES ................................................................................................................... 23 9. MAINTENANCE AND RENOVATION OF EXISTING PROPERTIES ............................................................... 24 9.1 MAINTENANCE ........................................................................................................................................ 24 9.2 RENOVATION .......................................................................................................................................... 24
10. GENERAL INFORMATION AND USEFULL TIPS ..................................................................................... 25 11. BUILDING PLAN SUBMISSION & INSPECTION .................................................................................... 25 11.1 FIRST, SECOND AND FINALE SUBMISSION PROCESS (NEW BUILD AND RENOVATIONS) ........................................... 25 11.2 RESUBMISSION OF “AS BUILD PLANS”.......................................................................................................... 26 11.3 FACE-TO-FACE MEETING ........................................................................................................................... 27 11.4 APPROVAL PERIOD ................................................................................................................................... 27 11.5 FOUNDATION & FLOOR LEVEL INSPECTION .................................................................................................... 28 12. AESTHETIC CERTIFICATE .................................................................................................................... 28 13. CERTIFICATE OF OCCUPANCY – CITY OF TSHWANE ............................................................................ 29 14. ACKNOWLEDGEMENT OF BUILDING RULES AND REGULATIONS (OWNER) ........................................ 31 ANNEXURE A: 2019 AESTHETIC SUBMISSION DATES ...................................................................................... 32 ANNEXURE B: REGISTRATION OF ARCHITECT/TECHNOLOGIST/ DRAFTMAN .................................................. 33 ii | P a g e
1. INTRODUCTION Owners and occupiers of properties in Rietvlei Ridge Country Estate enjoy a unique country lifestyle in the city and the privilege of living next to a nature reserve. Estate living does however call for certain restraints and owners and occupants must at all times consider the rights and privileges of other residents. Our Estate has rules and regulations which have been made and approved in terms of the Memorandum of Incorporation which derives its legal standing from the Companies Act, 71 of 2008. The Estate Building Rules and Regulations are for the protection and reinforcement of the lifestyle and your capital investment. The Home Owners Association (“HOA”) would like to urge you to familiarise yourself with the relevant Building Rules and Regulations that is also applicable on renovations and any changes you do after occupation. When investing in the Estate you have agreed to adhere and comply with the Estates rules and regulations. All owners, occupants and entrants to the Estate are obliged to comply with these rules and regulations. Please note that this is a legal binding document. Please take note that Rietvlei Ridge Country Estate is a residential Estate and no business activities are permitted. The Building Rules and Regulations are applicable for new buildings as well as renovations or any other additions or changes. All external renovations should be approved by the HOA. The HOA will not be held accountable for any delays in the planning and submission process due to various reasons. Please take note that your Aesthetic certificate will no longer be valid if any changes to the exterior of your property is made without the necessary approval. The Rietvlei Ridge Home Owners Association (“HOA”) reserves the right to alter or amend these Building Rules and Regulations as the need arises. 2. IMPORTANT NOTICES 2.1 Relaxation of Rules and Regulations No relaxation will be given on the rules and regulations as set out in this document. In the past too many neighbours have given consent and did not grasp the impact these changes will have on their privacy, the rest of their neighbours and/or the Estate. As of late the HOA had to handle several complaints and in some instances were even threaten with legal action by residents if they didn’t receive the anticipated outcome. Therefore, the decision was made to no longer permit consent of neighbours or any special requests outside the rules and regulations of this document. 2.2 Design & Architectural Style The purpose of Building Rules and Regulations is to maintain a uniform architectural protocol for the estate, an important function in protecting the collective identity and commercial value of the Estate. While containing firm restrictions it does allow for and encourages individual creativity within a unity of materials and finishes ensuring that the overall development harmonizes and creates a balanced lifestyle for all residents. The design and architectural style of the Estate is American Colonial. 1|Page
Building Rules and Regulations have been drawn up as far as the use of materials, the treatment of boundaries and landscaping is concerned. The following architectural designs will NOT be accepted: (i) Tuscan or any Tuscan “look alike” designs, (ii) Modern; (iii) Contemporary (iv) Mediterranean or any other design that do not resemble American Colonial. 2.3 Submission & Approval Period Submission: It is up to the individual architect/draftsman to contribute to the successful execution of the Estates aim. You have one year to approve your plans from the first submission date. Planning submissions older than one (1) year will be deemed as a new approval and all relevant fees must be paid again (see Section 11). Resubmissions of plans must adhere to the updated/ revised Building Rules and Regulations. The HOA will only accept planning submissions from legal title dead owners. All levies and/or fines must be up to date before the HOA will accept any planning submissions. Approved Plans: Plan approval is only valid for a maximum period of one (1) calendar year after the stamp date of the HOA. After such a period plans must be resubmitted for approval as a new submission and must adhere to the update/revised Building Rules and Regulations at the point in time. No additions or part of the plan will be permitted to be built after a Certificate of Occupancy by the City of Tshwane and Aesthetic Certificates were issued. Any external alterations must be approved by the HOA as a new submission and the original Aesthetic Certificate will no longer be valid. The onus of compliance to the Building Rules and Regulations rests on the property owner and his/her architect/draftsman. New Owners will acknowledge receipt of the Building Rules and Regulations when buying a property in the Estate. Existing Owner must also adhere to the Building Rules and Regulations of the Estate. PLEASE NOTE that non-adherence to these Building Rules and Regulations will place the Owner at risk of, but not limited to; (i) penalties; (ii) the HOA withholding a clearance certificate for transfer of ownership; and/or (iii) refund of building deposit or (iv) any other fees or fines that might be applicable. 2.4 Contact details Aesthetic Committee The HOA has a standing Aesthetics Committee that serves as the authority for all aspects related to Building Rules and Regulations. Approval of plans are done in conjunction with Andri Zaayman (SACAP D0473). Applications and all questions can be directed to aesthetics@rietvleiridge.co.za and andriz@archi-z-design.co.za. Please allow 5 business days for a response. Managing Agent The appointed Management Agent for the Estate is Pretor Group. Address: River Falls Office Park, 262 Rose Ave, Pretoria, 0157 Phone: (012) 001 9000 Estate General Manager & Caretaker (“here after referred to as Estate Manager”) 2|Page
If you are not sure who to contact with your request and/or any queries, please direct it to the Estate Manager (estatemanager@rietvleiridge.co.za). The Estate Manager can by no means commit the HOA to approval of plans. Any queries relating to the Building Rules and Regulations must be directed to the Aesthetics Committee and Ms Zaayman. The Estate Manager can’t be held responsible for any submission or handling of plans during the approval process. The Estate Manager is only responsible to ensure that the Architect/Draftsman is registered and the necessary fees paid. A list of register Architects will be available from the Estate Manager. An appointment must be arranged with the Estate Manager, before any building can commence. 2.5 Building Deposit & Penalties Building Deposit: As from 15 February 2015 a building deposit of R10 000 will be payable. The same account details and reference number should be used as per your monthly levy statement of the Estate. Proof of payment must be provided to the Estate Manager and Aesthetics Committee before submitting your plans for approval. No plans will be accepted if any levies or other fees are outstanding. Should the Owner, Builder or any Sub-Contractor cause any damage to the Estate, such as but not limited to, roads, curbs, street lights, entrance booms, drainage, boundary walls etc. the HOA reserves the right not to refund the building deposit. If an Aesthetic Certificate is not obtained before moving in, please see Section 12 for penalties/fines. The HOA can also use the building deposit for, but not limited to: complete landscaping of the property, obscure windows, enclose illegal balconies, remove building rubble, remove wooden pergolas or any other illegal or prohibited material. Building Penalties: It was enforced as off 1 September 2014. A penalty double the value of the monthly levy is payable until construction begins, also refer to as “breaking ground”. In order to reduce inconvenience to neighbours as well as unsightliness, construction must proceed without lengthy interruptions and handled in such a way that the end of each phase should be aesthetically acceptable to the HOA. Once building work has commenced, it must be completed within a twelve (12) months period. Should you require a longer building period of twelve (12) months, please contact the HOA and make the necessary arrangements. Failing to do so can result in building penalties. The penalty will be a minimum of R5 000 and will be charged on a monthly basis until such time that the residents can apply for a Certificate of Occupancy by the City of Tshwane and an Aesthetic Certificate. (See Section 12 for more details on Aesthetic Certificate). Please take note that the HOA only regard the project as finale once an Aesthetic Certificate is issued. If construction is not finalised twenty-four (24) months after work has commenced, a penalty fee equal to the building deposit of R10,000 will be payable per month. The HOA reserves the right to asses each case on merit and waive or enforce the penalty. No building activities will be allowed on the stand without approved building plans by the Aesthetic Committee and City of Tshwane. (See Section 11 on submission of building plans). Continues work on a stand must be visible and progress must be noticeable. If no building activities is notice in a three (3) month period on the stand, the HOA will notify the Building Inspector of the City of Tshwane and the necessary legal notices will be issued. Stop-go building will not be permitted in the Estate. 3|Page
New Stand Owners: With reference to Building Penalties as from 1 February 2017, should a new owner (second transfer owner) buy a stand from a previous owner (first transfer owner), the new owner will be liable for double levies 12 months after date of registration into his/her name if an architectural plan that is approved and stamped by the HOA’s Aesthetics committee and the local municipality is not submitted to the HOA and construction on the stand haven’t started. Automatic reduction of levies will not take place. The onus is on the Stand Owner to notify the HOA and Pretor. 2.6 Appointing an Architect/Technologist/Draftsman As of 1 January 2018 all Architects/Draftsman must register in the Estate. The HOA will no longer accept any planning submissions by an Architect that is not registered and approved. Registration documents and fees is set out in Annexure B. Before appointing an architect/ draftsman you must obtain a copy of the individual’s SACAP registration, proof of Estate registration and submit the relevant documentation to the Aesthetic Committee. The person designing the house must be the legal holder of the SACAP registration. The HOA reserves the right to refuse submission from an architect/draftsman that is not approved by the Estate or illegally making use of another individual’s SACAP registration or both. The Aesthetic Committee will only deal with the legal owner of the stand and the person whose name is reflecting on the plans that is submitted for approval. No third party contractors/sub-contractors will be permitted. Plans for approval must be submitted to Ms Zaayman. (See Section 11 for submission of plans). Prior to construction, it is the owners’ responsibility to ensure that all plans are submitted and approved by the HOA, Ms Zaayman and the City of Tshwane. All plans must be drawn on a scale of 1:100 and printed on an A3 or A1 page size. Plans drawn or printed on any other scale will not be accepted. It is the architect/ architectural technologist/ draftsman’s responsibility to ensure to all plans adheres to SANS regulation, include engineer drawings, and if needed includes a rational design for additional windows. All submissions must include a separate contour plan. 2.7 Deviation of existing properties Some existing properties deviate from the current guidelines. This is due to previous (now discarded) guidelines before 20 February 2019. All house plan submissions after this date must be designed according to the new Building Rules & Regulations, including renovations. The HOA have a no tolerance policy against Home Owners not adhering to the Building Rules and Regulations of the Estate or do not build according to their approved plans. The HOA reserve the right to request that all building work on site to be stop should they notice that construction is not according to the approved plans or as per the set out rules and regulations of the Estate. Should the Owner ignore the request, a fine of R5 000 will be charged. The HOA will notify the City Council of any deviation of approved plans and request a stop order to be submitted to the Stand Owner and builder/contractor. Owners and Contractors should adhere to the Contractors Rules and Regulations (see separate document). 4|Page
2.8 Appointment of a Contractor and Land Surveyor Contractors: Please make an appointment with the Estate Manger before any building activities commence. Several documentations must be signed and presented to the Estate Manger as per the Contractors Rules and Regulations. Before appointing a builder/contractor/project manager you must obtain a copy of the NHBRC certificate and forward it to the Estate Manager to ensure that you make use of an approved builder/project manager. The HOA reserve the right to refuse access to any builder/contractor/project managers that is not preapproved or isn’t the legal holder of a NHBRC certificate or both. Please take note that the NHBRC certificate is only valid for one (1) year and must be annually renewed. The onus is with the owner to ensure that the Estate Manager do have a valid NHBRC and NHBRC enrolment certificate on file. The Estate do receive sporadic spot checks by the NHBRC. At the end of the build project the Building Inspector do require a copy of your builders NHBRC and NHBRC enrolment certificates. These are two separate certificates. There are several individuals that are currently banned from the Estate due to various reasons. Please take note that the Estate is a private Estate and the HOA do have the right to refuse access to these individuals. Both the Owner and appointed Builder must familiarise themselves with the Contractors Rules and Regulations (see separate document). Land Surveyor: All projects must appoint a Land Surveyor. The land surveyors contact details must be submitted to the Estate Manager as part of the Contractors Rules and Regulations. No ground works will be permitted without a Land Surveyor. No planning submission will be accepted without a separate contour plan drafted by a Land Surveyor. Pouring of foundations will not be allowed if the Aesthetic Committee and Estate Manager did not receive the Land Surveyor report. Please see point 11.5 for more details on foundation and floor level inspection. 2.9 Roaming the Estate All contractors, service providers, builders, project managers etc. (collectively referred to as Builders) are not allowed to roam the Estate and must wear a reflective vest at all times. Access is only give to a single stand. If Security, HOA Directors or the Estate Manager, or if any of the residents notify the above-mentioned parties that Builders are roaming the Estate, they will be immediately escorted out of the Estate. This includes driving around in the Estate. If your Builder is not on the site that access was granted to, he/she will be asked to leave the Estate immediately and will be banned. People scouting the Estate place all residents at risk. Given that these Builders do have “free access”, the HOA will impose a no tolerance policy. Any Builders swearing, acting aggressively or imposing a threat to any of the residents will be banned from the Estate. Please make sure that you do communicate it to your Builder. The onus is on both the Owner and appointed Builder to familiarise themselves with the Contractors Rules and Regulations (see separate document). The HOA will not hesitate to take the necessary legal action, should any Owner or other person in possession of an access tag, provide illegal access to individuals that were banned from the Estate. No Homeowners access tags may be given to any Builder. Separate arrangements must be made with the Estate Manager. A R 5000 fine will be applicable. 5|Page
2.10 Certificates The HOA do not allow any person, including Owners and Tenants, to move into a newly built house without obtaining a Certificate of Occupancy of the City of Tshwane. We do understand that during the building process, change of materials or layout to the approved building plan can and do happen. We urge you to obtain approval from the HOA before continuing with building should any such changes occur during the construction process. If it is not brought under the attention of the HOA, they reserve the right to immediately stop all building activities until such time that it is rectified, or new building plans are submitted for approval in line with the Building Rules and Regulations. If you fail to do so, the HOA will have the right to enforce a stop order. (Section 11 on the resubmission of amended plans). In the event where you move in without the permission of the HOA or obtaining the necessary certificates an Eviction order will be obtained. All legal cost will be for the account of the Owner. Please see Section 11 for the obtaining of Aesthetics Certificates and the penalty schedule. 2.11 Stands Stand Owners are not permitted to use their stands as temporary storage space. Sheds, building materials, heavy duty vehicles etc. is not permitted to be on the Stand before approved council plans have been obtained and the building deposit is paid. Before building can commence you must install a legal water connection and tap. You should also have an enclosed working toilet on site. Please see point 2.8. 2.12 Renovations After moving in and obtaining the necessary certificates, the HOA would like to remind all residents that they still need to adhere to the Building Rules and Regulations and that the relevant penalties will be enforced, should they make any changes to their property without the necessary consent and approvals. Adding prohibited materials after inspection will not be tolerated. Your Aesthetic certificate and in some instances your Certificate of Occupancy from the City of Tshwane will no longer be valid should you make any changes to your property after obtaining the necessary certificates. 2.13 General • The design of the dwelling unit and the entire stand must show sensitivity to the privacy of your neighbours. See Section 2 & 4 for more details. • The materials used in the Estate focus on low maintenance and durability over time. Please see Section 5 for more details. • No stand (“erf”) shall be subdivided or rezoned. No exception will be made. • Stands 19, 29 and 30 must work closely with the HOA on the design of their houses. Some of the rules and regulations will not be applicable to these stands due the contour falls and will be scrutinized on its own merits. An appointment with the HOA should be schedules before designing a home for these stands. • Multiple stand owners in the Estate are not permitted to use the same architectural drawings more than once. Each house must be unique in architectural design and layout. No look-a- 6|Page
like designs by the same owner will be accepted. It is important to maintain the economic value of the individual stands in the Estate and to avoid the look and feel of complex living. • When selling a property or stand in the Estate, it is the responsibility of the seller to inform the potential buyer of the Estate’s Building Rules and Regulations and any other relevant documentations. Please take note that the HOA will not be held accountable for any miss presentation by the seller to the buyer. No exceptions will be made or special permission will be given. If the new owner would feel that he/she was misled, he/she should take it up with the previous owner or Estate Agent and take the necessary action against them. 2.14 Sectional Titles Each sectional title complex in the Estate have their own rules and regulations pertaining building and renovation guidelines. Please adhere to these rules and regulations and contact your individual Body Corporate for guidance. Should your Body Corporate not have specific rules or regulations pertaining a certain renovation aspect, then the overall Building Rules and Regulations of the Estate will suffice or your individual Body Corporate will refer the matter to the HOA for clarity and/or approval. All builders/contractors/tradesman must adhere to the Contractors Rules and Regulations of the Estate (see separate document). 3. TOWN PLANNING CONTROLS Before designing your house, please obtain a copy of your title deed and familiarise yourself with any servitude conditions that might be applicable to your stand. Also contact the local council to establish if any additional servitude is applicable to your stand before submitting your plans. The coverage and building lines indicated on your title deed do not overwrite the Building Rules and Regulations of the Estate. Only the coverage and building lines as indicated in this document will be accepted. There has been a lot of conflict between neighbours about relaxed boundary lines and the most recent surprise was the major servitude of Rand Water that runs right through the Estate without being indicated on the SG diagrams or Title deeds. The result is that parts of some houses are built within this servitude. The HOA can’t guarantee that there is no more of these surprises in the Estate. Therefore, a decision was made by the HOA to not allow any relaxation of building lines. The pavement width is determined by the pecks of your stand. A professional Land Surveyor must set out your stand and assist with groundworks (See Section 2, point 2.8). The pavement width is not consistent in the Estate for all the streets. Therefore, do not compare your stand with other stands in the Estate. Also see Section 2, point 2.7. 3.1 Coverage 3.1.1 Maximum dwellings One (except where indicated otherwise as per title deed) per erf 3.1.2 Maximum height All erven in the Estate shall be restricted to 2 storeys (excluding roof) and 7 meter wall height from natural ground level to wall plate height. If you do any landfill, it 7|Page
will be included in the overall 7 meter wall height (landfill, plus foundation, plus wall height = 7 meter) If you choose to build a loft (see point 3.1.6 for the definition of loft) the 1 meter wall height should be included in the overall wall height of 7 meter. Please take note that is not applicable to Stands 19, 29 and 30. 3.1.3 Single storey dwellings Maximum coverage allowed will be 40%. The HOA will not be held accountable if your plans are rejected by the council for exceeding the maximum cover. 3.1.4 Double storey The ground floor coverage of double storey dwellings dwellings shall not exceed 40% of the area of the stand. The first floor level shall not exceed 70% of the ground floor area. This includes covered balconies and any other open areas on the second floor. 3.1.5 Minimum size The houses, excluding any outbuildings, such as garages, storage, patio’s; staff rooms, and balconies, should not be less than 200m². No exception will be made on the minimum size of a dwelling. It is important for the HOA to protect the economic growth and value of the individual stands in the Estate. 3.1.6 Loft A loft room shall not exceed 25% of the floor level directly below it. A loft room is defined as a room situated in the roof of the design. The wall height of the loft will not exceed one (1) meter from Floor level to wall plate level or the underside of the roof rafter. The overall maximum wall height of 7 meters from natural ground level may only be exceeded by the roof structure and chimneys as required by the national building regulations. 3.2 Building Lines 3.2.1 Single storey dwellings ➢ Street building line 5m (Pavement width plus 5 meter = building line) ➢ Side building line 2.25m ➢ Back building line 3m Where the foundation height is 800 mm or more from natural ground height, the same guidelines as for a double storey will apply. The level should be treated as the 2nd floor of a double storey dwelling. 8|Page
3.2.2 Double storey ➢ Street building line 7m dwellings (first floor) (Pavement width plus 7 meter = building line) ➢ Side building line 3.75m ➢ Back building line 5m 3.2.3 Side spaces & Please familiarise yourself with any servitudes that relaxation of building might be applicable to your stand. No relaxation of lines building will be given. 3.2.4 No obstruction of any kind may be built within the 1:100 year flood line as indicated on the site plan. Please obtain a copy of your title deed to ensure that you adhere to the servitude stipulations as per this legal document. 3.2.5 Entrances to stands 7, 9, 46, 96 and 99 only through panhandles. 4. TREATMENT OF STAND BOUNDARIES The HOA does acknowledge that our Estate has a substantial contour fall towards the South West and this has a significant impact on boundary walls and privacy from your neighbours. Please contact your neighbour(s) first before changes are made to any existing boundary wall(s). Be mindful that some of the boundary walls are 100% built in the stand of your neighbour and also paid for by that particular stand owner, therefore your neighbour is the legal owner of the wall and can take legal action against you for property damages. Permission or an agreement on compensation must first be obtained from the owner before any alterations can be made to the existing wall. Do not assume that you can just make any change or use the boundary wall as you please. If the neighbours can’t reached an agreement, or the engineer question the structural integrity of the existing wall, a secondary boundary wall can be build. All cost and impact on existing boundary walls, such as, but not limited to, increasing the boundary wall height, change a standard 220 mm boundary wall to a retaining wall, damage to neighbour’s gardens, etc. will be for the cost of the party responsible for the change. An engineer’s report will be required on boundary walls exceeding the 2 meter wall height and where landfill is more than 500 mm. The party responsible for the modification of the existing boundary wall is responsible to provide a finished plastered wall on both sides of the shared wall. If the existing neighbour request additional changes to the wall, for example, but not limited to additional retaining, increase of wall height above the minimum of 1.8m or any other request that falls outside the building regulations, the neighbour requesting the changes is responsible for the cost. All boundary walls to be painted, no expose cement or stock brick walls are permitted. Only casted retaining concrete walls will be allowed to stay in natural form. New side and back boundary walls only required to be plastered and painted on the inside of your stand, unless your stand facing an open area or pan handle. If your stand faces any open areas or pan-handle, the owner is responsible to finish both the in- and outside of the boundary wall. 9|Page
4.1 Street Boundary Walls The street facing boundary, also defined as the entrance to the house, must be completely open with no boundary walls within the five (5) meter restricted area (pavement plus 5 meter). All street facing boundary walls on the 5m restricted line can be a minimum height of 1.4 meters from the inside of your stand, but not more than 2 meters. In the event where your stand has a contour fall of more than three (3) meters, the HOA will approve the boundary wall height on an individual basis. No structures or prohibited materials will be allowed (see Section 7). Stands 17, 18, 29, 30 and 31 boundary walls on the Eastern side, bordering onto the nature reserve, must be agreed with the HOA. Stand 19 and 29 street facing boundary walls will deviate from the Building Rules and Regulations and the HOA will approve it on an individual basis. 4.2 Boundary Walls for Corner Stands In the event of more than two open boundaries/corner stands, an application can be made to the HOA for the relaxation of one boundary line up to a maximum of 3.75m, as long as it is not the driveway/entrance to the dwelling and no servitude is applicable. (pavement width, plus 3.75m = boundary wall). In the event where a stand faces a traffic circle no relaxation will be given on the building line facing the traffic circle and must be open for visibility of oncoming traffic. The five (5) meter restricted area will be applicable. 4.3 Side Spaces and Back Boundary Walls The side and back walls between properties must be a minimum height of 1.8m from the inside of your stand. The HOA will assess the wall height on an individual basis where the contours fall of a stand is in excess of three (3) meter across the site. The HOA will decide at its own discretion if the proposed wall height is suitable and does not impact negatively on the neighbouring properties and the Estate as a whole. The HOA also take into account the privacy of the surrounding neighbours. The last five (5) meter adjacent to the street boundary (side space) may only be separated by a landscape retaining wall, not more than 600 mm wall height unless otherwise specified by the Building Inspector. The design is subject to the HOA approval. No structures or prohibited materials will be allowed (see Section 7) in the side spaces or boundary walls. Stand 19 and 29 boundary walls will deviate from the Building Rules and Regulations and will be approved on an individual basis by the HOA. 5. NATURAL GROUND HEIGHT 5.1 Foundations The HOA do realise that the Estate has a significant slope towards the South West. If a single storey dwelling elevates the foundation more than 800 mm above the natural ground height 10 | P a g e
(“NGH”) of the stand, the same rules as for a double storey dwelling will be applicable. The first floor/ground level will be treated in the same manner as the second floor and will require obscure or sand blasted windows. In the event where a double story dwelling elevates the foundations more than 800 mm above the natural ground height, the first and second story will be treated in the same manner and windows overlooking the neighbours should be obscured. If you don’t want to design a multi-level home and work with the natural contours of your stand, we advise that you rather cut-in and excavate, than landfill. Use the lowest point on your stand as reference for NGH and level for the foundations. Please keep in mind that your boundary walls will be significate higher and boundary wall height from the inside of your stand is measured from NHG. NHG is defined as the natural level of the site before any excavation or filling took place before the proposed development of the site. 5.2 Landfill & Excavation The HOA will have a no tolerance policy toward Owners and Builders who do not appoint a Land Surveyor. All landfill and excavation must be in line with the approved building plans and Land Surveyor report. 5.2.1 Landfill Stand owners are prohibited to landfill more than 600 mm and garden levels should be kept at the NGH as far as possible. Only in extreme cases will the HOA grant permission to exceed the maximum of 600 mm, provided that it has no negative impact on the surrounding neighbours. Landfill against existing boundary walls in not allowed. The HOA do acknowledge that by law you can’t stop/prevent the free flow of storm water, but in the spirit of good neighbours, we request, where possible, that you landscape your storm water in such a way to rather flow toward the street instead of your neighbours. Good examples of such neighbouring spirit can be seen between stand 13, 14 and 15. Stands 19 and 29 are negatively impacted by the landfill of Stand 18 that was approved before September 2013. The HOA will work closely together with these stand owners in designing and approval of their plans. The plans for Stand 19 and 29 will be approved on an individual basis and the owners should contact the HOA before appointing an architect to discuss design concepts that will be acceptable to the HOA. 5.2.2 Excavation Excavation must be clearly indicated on all plans. Drainage and waterproofing must be addressed in the design as well as retaining walls on both the dwelling and the boundary walls. Excess soil must be removed in 5 business days of excavation and not overflow into the road or the neighbouring properties. The open space across the Estate is not a dumping ground for excavation material. The HOA do not approve any illegal dumping across the road of the Estate. The HOA will notify the owner immediately of such behaviour and will provide the Owner with the necessary contact details of the relevant Stand Owner to take the necessary legal action. 11 | P a g e
6. DESIGN RULES AND REGULATIONS 6.1 Placement of Balconies and Rooms Home owners are requested to take into account your neighbour’s privacy. Large balconies on the second floor are only allowed at the street facing side of your stand and must be closed off by a screen wall on either side overlooking the neighbours. 6.1.1 Balconies for Stands 29, 30 and 31 will be approved on merit of the design. Balconies and patios are not allowed to be enclosed without planning approval. 6.1.2 The Northern side of a dwelling in the Estate will be regarded as private living space. In the design of entertainment areas such as Patio’s, Braai Areas, Balconies etc. one should take into account the placement of your neighbour’s bedrooms and consider the noise disturbance. 6.1.3 All bathroom and cloakroom windows are required to have either obscured, frosted or stained glass if positioned below the 2.1m height as measured from the finished floor level of the relevant room. 6.1.4 It is recommended that all living spaces (e.g. pyjama lounge, study, family room etc.), excluding bedrooms, on the second floor do not overlook the neighbours. In the event where any of the living spaces and bedrooms do overlook the neighbours, the following rules will be applicable: • If the window is on the relevant building line and the window is a maximum width of 900 mm (including the frame), no obscured glass will be required provided that: a) the room does not consist of more than two (2) windows below the 2.1m wall height; b) maximum width of each window is 900 mm (including the frame); c) a solid wall, minimum width of 900 mm, separates the two windows; d) it’s not a bathroom, guest W/C or utility window; and • North and street facing window on the second floor should comply with SANS regulations and is not limited to the 900 mm rule. • Any amendments made to the window schedule during the building process must first be approved by the HOA. In the event where approval wasn’t obtained, the window(s) must be removed and replaced as per the original approved drawings. The HOA will not be held responsible for any additional cost that the owner might accrue in rectifying the building to adhere to the original approved building plans. • No “as build” plans will be accepted if the changes weren’t discussed with the HOA beforehand. 12 | P a g e
6.1.5 No staff accommodation must be nearer to the street than the main building unless contained under the same roof or integrated into the overall design. 6.1.6 Staff accommodation and kitchen areas must open onto screened yards or enclosed patio/stoep areas. 6.1.7 Outbuildings and additions must match the original building design in style, elevation and material usage. 6.1.8 All plans must indicate at least one double enclosed garage and this must be built in conjunction with the original dwelling. No flat roofed carports or garages will be permitted or any other steel carports or any similar construction. No construction will be allowed outside the building lines as set out in point 3.2. The maximum number of garages allowed are either two double garages or 4 single garages. 6.1.9 The Estate focuses on low maintenance materials. It is advisable to install galvanized, glass or stainless steel balustrades. If any other materials are used, please obtain approval from the HOA. 6.1.10 Yard and screen walls, entrance and side gates must compliment the basic materials off the building and be indicated on the plans. As far as possible one should use galvanised steel and not wood. 6.1.11 No dog kennels, bird cages, caravans, boats or trailers to be visible from the road and may not be placed in the restricted side space (building lines). It must be positioned in such a manner that it does not affect the amenities of the neighbours and do not detract from the aesthetics of the Estate. 6.1.12 No pre-fabricated garden sheds or “wendy houses” will be allowed in the Estate. This includes conservatories and greenhouses. Storage space and utility rooms must be incorporated into the overall design of the house. 6.1.13 No shade netting may be used for carports or any other coverage. No gazebos or umbrella structures are permitted. The coverage of balconies and patios with plastic or any form of material covers are not allowed. 6.1.14 Awnings, DSTV dishes, air conditioning units, solar panels, heating pumps, wind turbines and other items which do not form part of the basic structure of the house must be clearly indicated on the plans. 6.1.15 All plumbing and washing lines must be fully screened and not be visible from the street elevations. No temporary washing lines may be erected after the necessary certificates were issued. Boundary walls and balustrades are not to be used as washing lines. The owner will receive a R500 fine per incident. 6.1.16 As from February 2017 no jungle gyms or similar structures will be allowed in the Estate. A R3 000 fine per month will be charge until such time that the structure is removed 6.1.17 Outdoor lightning should be sensitive to the neighbours. No lights or spot lights are allowed to impact your neighbours negatively. Should the HOA receive a complaint, the owner would be request to remove or reposition the light(s). Failing to do so will result into a R500 fine per week. 13 | P a g e
6.2 Approved Building Materials The following approved building materials and design elements must be used in the overall design and build of the property. The HOA reserve the right to request an immediate stop- order should they notice that different building materials are use or the design elements are not incorporated into the build as per the approved building plans. 6.2.1 Roof Coverings Please take note that your roof pitch must be between a minimum of 30₀ and a maximum of 45₀. No relaxation on the roof pitch will be given by the HOA. As a matter of caution: Please communicate to your roof installer that we have a high wind factor in the Estate and roof tile on the overhangs should be nailed down. The following roof coverings will be allowed: • Concrete roof tiles (Monier Coverland, Marley, Infraset etc.) • Natural slate roof tiles (Mazista or similar) • Fibre cement roof tiles (Everite) • Harvey roof tiles • Flat concrete roofs: No garages are allowed to have flat concrete roofs. No more than 10 m2 concrete roofs can be used as part of the overall roof design to enhance the American Colonial roof design. Flat roofs are not allowed to be covered in silver paint or any other reflecting materials. It must be painted in the same colour as the roof tiles. • All exposed part of the roof structure must be in the same colour as selected roof tile. Note: No roof sheeting or variation of it will be allowed. Only the above mentioned roof coverings are permitted. No permission will be given for any other type of roofing and no exception will be made. The following roof colours will be allowed: (samples must be presented for approval) • All shades of Grey & Charcoal & Black (Preferred Colours) • Dark Brown & Rustic Brown • Slate & Antique Slate & Rustic Slate 6.2.2 Structural Walls and Screen Walls The following wall finishes will be allowed: • Plaster and paint (smooth or textured) 14 | P a g e
• Coloured cemcrete* • Bagging and paint • Nutec Building Planks (popularly known as Vermont) • Face Brick (see point 6.2.3) • Red Face Brick (see point 6.2.4) • Stone and Stone Cladding Please note the following: • No external raw cement walls will be allowed or any external exposed stock bricks. All stock brick walls to be plastered and painted. Only casted retaining concrete walls will be allowed to stay in its natural form. • Plaster and paint work towards the South and Eastern side of your building should cater for extreme windy conditions. Most of the owner’s re-plaster or re-paint these walls in less than a year after moving in. Please bring this under the attention of your builder. 6.2.3 Approved Wall Colours The above colour chart is an indication of the basic colours that the HOA will allow. Your colour scheme should reflect earth colours. No red painted walls or any other bright colour on the external walls of your home is permitted. 6.2.4 Face Bricks The following face brick colours or similar to the below will be considered by the HOA: 15 | P a g e
Red Face Brick will be considered in combination with plastered walls. As for accent and foundation walls, the following bricks can be used: No face brick with a pink, orange or dark brown undertone will be approved. 6.2.5 Windows American Colonial designed houses are known for their long narrow window design. Only aluminium (natural, bronze, white and black), timber framed (stained in any natural wood colour or white) and UPVC (wood look alike or white) windows will be allowed. Any of the window design styles as set out below will be acceptable. 16 | P a g e
6.2.6 Paving All driveways to be fully paved. Only clay brick paving, interlocking, bevel or coble stone paving will be allowed. No in-situ concrete paving, tar surfaces, broken bricks, stock bricks or any other form of landscaping blocks will be permitted to cover driveways, patios or other open areas. Black, grey, terracotta and brown paving colours is permitted. Please obtain approval before painting any visible paving from the street. 6.2.7 Security The HOA, together with the appointed security company, always want to ensure to the best of their abilities the safety and security of all owners/residents living in the Estate, it is important that owners/residents still take responsibility for the safety of their own homes. • Alarm Systems An alarm system with outside security beams may be installed. • Burglar Bars a) Burglar bars may be installed but should be fitted on the inside of the windows. b) Clear view burglar bars: The HOA prefers that ‘clear view ‘security bars manufactured from polycarbonate should be used. This material is available from engineering plastic suppliers. More details about polycarbonate security bars are available on the web sites of companies installing these security bars. c) Steel burglar bars: If you would prefer steel, the minimum thickness should be 10 mm² and maximum 12 mm². The HOA recommends the 12 mm² thickness. No flat profile steel burglar bars will be permitted and the so-called Spanish burglar bars will also not be allowed. Preferably burglar bars should only be fitted at 17 | P a g e
windows that can open. The burglar bars should blend in with the existing steel work of your home e.g. gates and balustrades. Not recommended: the round 6 mm or 8 mm prefabricated burglar bars which are sold at large hardware stores. • Security gates a) Security gates should be out of sight from the street view. However, if the door opens to the inside of your house, you are permitted to install the security gate on the outside. The security gates of all sliding doors should be inside the house and also be sliding gates within steel frames. Swinging security gates are not allowed. Thickness of the inside bars should be 10 mm² to 12 mm² within a frame of tubing steel of minimum 25 mmx 25 mmx 2 mm and maximum 38 mm x 38 mm x 2 mm. b) Not recommended: the prefabricated gates with inside bars of 8 mm to 10 mm round bars available from large hardware stores. c) Decorations of cast steel may be added to the gate but should be limited to a minimum. d) Suggestion: You can get ideas of designs of security gates at the three town house complexes in the Estate. An unauthorized installation needs to be removed at the cost of the owner and a weekly penalty will be imposed until such time that the unauthorized installation is removed. 6.3 Architectural Design Elements 6.3.1 The building design style of the Estate is American Colonial. Below typical characteristics of the different American Colonial designs: 18 | P a g e
6.3.2 The following TWO design elements are typical of American Colonial and must be in the design and visible from the street facing side of the property: 1) Horizontal building planks 2) Exposed functional or ornamental trusses on (“Siding”). It can be in gables, doorways or stoep openings. It can be plaster, Nutec board or in wood, steel or plaster. wood. Please take note that gates and duct covers do not count for “Horizontal building plank” must have design element. 19 | P a g e
6.3.3 A THIRD element from the list below, must be incorporated into the design: Horizontal brick strip panels in red face brick Semi arched windows and openings Two chimneys above each end Cornice and Shutter design Dormer Designs Exterior Window Shutter Designs Bay Window Design 20 | P a g e
6.4 Site Plan and Landscaping 6.4.1 A separate contour plan, drafted by a Land Surveyor should accompany all planning submissions. 6.4.2 The stand as well as the foundation layout of the house must be done by a Land Surveyor. A Land Surveyor report must be provided to the Estate Manager and Aesthetic Committee before pouring of foundations. A stop-order notice will be issued if the report wasn’t provided to the above mentioned parties. Building activities can continue after the Land Surveyor report is presented to the Estate Manager and Aesthetic Committee. 6.4.3 Flower boxes that serves as retain walls on the 5 meter open space in front of the house can be a maximum height of 600 mm. 6.4.4 No building of walls is permitted close to any fire host outlet, water and electric meter box in the Estate. 6.4.5 Fibre lines in the Estate is marked with a green pipe. Please do not remove the pipe. If the installer must dig up a flower bed, remove paving, grass or any other obstruction to enable them access to the fibre line, the Owner responsible for obstructing access will be liable for any damages. 6.4.6 The use of hedgerows is recommended and the planting of indigenous trees and shrubs is encouraged where possible. When planting of trees please anticipate the future root growth not to cause any damages to underground fibre lines, water pipes, storm drains and electric cables. 6.4.7 All landscaping at the street facing side of the stand must be completed before applying for an Aesthetics certificate. 6.4.8 No wooden pergolas or wooden structure for plant growth will be permitted. 6.4.9 All braai areas, fire pits, pizza ovens or any other entertainment areas must be clearly indicated on the site plans. Please take note that build-in braais, ovens etc. must comply with SANS regulations. Planning approval must be obtained for any of the above mentioned structures and viewed as external renovations. 6.5 Water and Energy Saving 6.5.1 Solar Panels; Heating Pumps & Air Conditioning Unit Solar panels to be integrated into the design as per SANS regulation. As far as possible, geysers must be inside the roof, enclosed cover or not be visible from the street facing side. Special attention must be given to the placement of heating pumps and air conditioning units as they can cause noise disturbance. It must be clearly marked on the site plan. If any air conditioning units, pool-, heating- or water feature pump is facing the northern side of your neighbours, you would be required to place it in an insulated sound proof chamber. Before installation, please obtain approval from the HOA. 21 | P a g e
6.5.2 Water tanks Tanks should be placed unobtrusively and be integrated within the general Aesthetic of the building. Water tanks are not allowed to be visible to the neighbours from NGH or from the street. Where such tanks are used it should be covered/obscured to the satisfaction of the HOA and should be painted the same colour as the exterior walls. All pipes to be hidden or integrated in ducts and not visible from the street or your neighbours. Installing water tanks without the permission of the HOA will lead to a monthly fine of R500 until such time that approval is obtained or the tank removed. 6.5.3 Wind Turbines Only when the location of the site within the Estate is conducive to effective use of a wind turbines and the amenities of the adjoining and adjacent properties are not detrimentally affected, will it be allowed at the discretion of the HOA. Please seek approval from the HOA before installation or indicate the placement of a wind turbine on your roof plan before submission of your plan. 6.5.4 Generators All generators must be installed in an insulated sound proof chamber and not be visible or audible from outside the particular property. The placement of the generator must be clearly indicated on your site plan. If the HOA receive a noise complain, a fine of R500 will be issue per complaint. 6.6 Alternative Building Construction The HOA acknowledge that there are currently several new innovated alternative building construction methods and materials available on the market such as light steel frame building systems. Please take note that the building system must be: • SABS approved. • NHBRC approved. • Must qualify for financing by major banks and financial institutions. • Must be approved by local municipal authority An application must include a full specification sheet of the material to be used and a brochure of the system supplier. The HOA reserves the right to approve or to remove any such building systems from their approval list should it be found that any such systems have inherent defects which may result in negative long term structural integrity of any of these alternative building systems. No log, space frame or prefabricate house will be allowed in the Estate. 7. PROHIBITED BUILDING MATERIALS The main focus of the Estate is to encourage low maintenance and durable materials that are aesthetical pleasing. The Estate is situated in an area that experience high to extreme wind 22 | P a g e
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