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This is the latest version of this By-law.
Encroachment on Property By-law, 2004
- Published in Gauteng Provincial Gazette no. 179 on 21 May 2004
- Commenced on 21 May 2004
- [Up to date as at 9 April 2021]
- [Amended by Public Road, Electronic Communications Networks and Miscellaneous on 30 September 2009]
2. Council permission required
3. Rules for the construction of encroachments
5. Balconies and bay windows
6. Plinths, pilasters, corbels and cornices
7. Verandas around cornersIf a veranda is built around a corner of a public road it must be properly splayed or rounded to follow the curve of the kerb.
8. Pavement openings
9. Maintenance, removal and tenancy of projections
10. Encroachment erected in front of buildingIf any encroachment has been erected or constructed in front of any building, the owner must at his, her or its own expense -(a)pave the whole of the footway or pavement under the encroachment or in front of the building in which the pavement opening is fixed; and(b)lay the road kerbing and guttering and paving in front of the building for the full width of the footway or pavement.
12. Offences and penaltiesAny person who -(a)contravenes or fails to comply with any provision of these By-laws(b)fails to comply with any notice issued in terms of these By-laws; or(c)fails to comply with any lawful instruction given in terms of these By-laws; or(d)who obstructs or hinders any authorised representative or employee of the Council in the execution of his or her duties under these By-laws,is guilty of an offence and liable on conviction to a fine or in default of payment to imprisonment for a period not exceeding six months, and in the case of a continuing offence, to a further fine not exceeding R50, or in default of payment to imprisonment not exceeding one day, for every day during the continuance of such offence after a written notice has been issued by the Council and served on the person concerned requiring the discontinuance of such offence.
13. Repeal of by-lawsThe By-laws listed in Schedule 1 are hereby repealed.
14. Short titleThese By-laws are called the Encroachment on Property By-laws, 2003.
- Entire By-law
- 1. Definitions
- 2. Council permission required
- 3. Rules for the construction of encroachments
- 4. Columns
- 5. Balconies and bay windows
- 6. Plinths, pilasters, corbels and cornices
- 7. Verandas around corners
- 8. Pavement openings
- 9. Maintenance, removal and tenancy of projections
- 10. Encroachment erected in front of building
- 11. Encroachments
- 12. Offences and penalties
- 13. Repeal of by-laws
- 14. Short title