Page 14 - Interface February Issue 2025

RAIN AND STORMWATER
RAIN AND STORMWATER

MANAGEMENT:
MANAGEMENT:

The City encourages good neighbourliness
Guidelines in the in these situations, as it can help to
maintain harmonious relationships

City of Tshwane between property owners while
addressing the practical aspects of
stormwater management. By working
together, property owners can ensure
that stormwater is directed appropriately
without causing harm or inconvenience to
either party.

Private Legal Matters
It is important to note that the
management of stormwater between
neighbouring properties is a private legal
issue. If a dispute arises between property
owners regarding the flow of stormwater,
they are advised to seek legal assistance to
resolve the matter. As the Bylaws stipulate
that the passage of stormwater is a shared
responsibility, the parties involved must
work together to resolve disagreements,
either through mutual agreement or with
the help of legal professionals.

In cases where legal action is necessary,
property owners should be prepared to
engage in discussions or legal proceedings
to address issues surrounding stormwater
tormwater management is a critical aspect of urban planning and management. As the legal responsibility for
property development. In the City of Tshwane, rainwater and stormwater managing stormwater falls on the parties
Smanagement are governed by the consolidated Bylaws, which complement involved, it is essential for property owners
the National Building Regulations and Building Standards Act of 1977 (Act 103 of to be informed about their rights and
1977). These laws establish guidelines for how stormwater should be managed obligations in such matters.
between neighbouring properties, ensuring that drainage systems function
efficiently while minimizing negative impacts on the surrounding environment. Conclusion
Effective stormwater management is an
According to the City of Tshwane’s Bylaws, if it is not practical to drain essential part of property ownership and
stormwater from a higher-lying erf (property) directly to a public road, the development in the City of Tshwane. The
owner of a lower-lying erf has a legal obligation to allow stormwater to pass Bylaws provide clear guidelines for how
over their property. This stormwater must be directed towards the closest road stormwater should be managed between
stormwater system. This regulation aims to ensure the safe passage of excess properties, ensuring that water is safely
rainwater, preventing flooding or waterlogging in lower-lying areas. directed towards public drainage systems.
By fostering good communication and
Cooperation Between Neighbours cooperation between neighbours, property
While the Bylaws mandate that stormwater be permitted to flow over lower- owners can mitigate the risks associated
lying properties, it is suggested that neighbouring property owners collaborate with stormwater, while avoiding disputes
to find a practical solution to manage the water effectively. This could involve and maintaining positive relationships.
negotiating measures such as the installation of drainage holes, pipelines, However, when disagreements arise, it
canals, or furrows to direct water safely. These measures can prevent damage to is important to seek legal assistance to
properties and reduce the risk of flooding. resolve the matter according to the law.

INTERFACEDigimag | FEBRUARY 2025 | 12