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Walls and Fences By-law, 2016
- Published in Western Cape Provincial Gazette no. 7638 on 24 June 2016
- Commenced on 24 June 2016
- [Up to date as at 15 December 2021]
1. DefinitionsIn this by-law, the English text shall prevail in the event of an inconsistency between the different texts, and unless the context otherwise indicates:—"alter" includes to cause, allow or permit to be altered;"boundary" in relation to a land unit, means one of the cadastral lines separating such unit from another land unit or from a public street or road;"erect" includes to cause, allow or permit to be erected;"ground level" means the natural level of the ground, except where such level has been disturbed, in which case the street level is to be regarded as the ground level;"municipality" means the Municipality of Swartland established in terms of Section 12 of the Municipal Structures Act, Act 117 of 1998, and includes any political structure, political office bearer, councillor, duly authorised agent or any employee acting in connection with this by-law by virtue of a power vested in the municipality and delegated or sub-delegated to such political structure, political office bearer, councillor, agent or employee;"owner" means—(a)the owner of the land, building or premises; or(b)the person or occupier in control of the land, building or premises or any person who has or had a right to use the land at the time when the situation came about;"public land" means any land of which the ownership is vested in the municipality;"repair" has the meaning assigned to it in the Fencing Act, 1963 (Act 31 of 1963);"structure" in addition to its ordinary meaning, includes a system of constructional elements and components of any wall, fence or pillar;"the Act" means the National Building Regulations and Standards Act,1977 (Act 103 of 1977) and the regulations promulgated in terms thereof;"wall" means any wall, fence or enclosing structure erected on or next to a property boundary and any other structures (including but not limited to security devices, for example spikes, electric fencing, barbed or razor wire) affixed to or on top of it.
2. Principles and objectivesThe municipality, aware of its duty to provide a safe and healthy environment, in this by-law regulates walls and fences with the aim of safeguarding its residents and visitors to the area.
4. Permission for erection of walls fences
5. Height of walls and fences
6. Materials of walls and fencesWalls and fences erected on street boundaries or boundaries abutting upon public open spaces shall be comprised of either of the following materials only—(a)face bricks with face-brick finishing;(b)plastered and painted brickwork or bagged or cement finished brickwork;(c)plastered and painted concrete block work or bagged or cement finished concrete block work;(d)decorative brick blocks;(e)precast concrete panels;(f)galvanised or plastic coated wire mesh;(g)wooden fences which shall consist of processed timber as approved by the building control officer; or(h)cast iron work or vertical steel railings; or(i)any other material which complies with the specifications or requirements of the municipality.
7. Piers and columnsWhere piers or columns of brick, stone, concrete or similar materials are required by the municipality to ensure stability, their size and spacing shall be in accordance with the requirements of the municipality.
8. Fair face walls and fencesAll walls and fences shall present a fair face to the street and to abutting public open spaces in accordance with the provisions of section 6.
9. Dilapidated and unsightly walls and fences
10. Compliance and enforcement
11. Demolition order
12. Authentication and service of documents and notices
13. Offences and Penalties
14. AppealA person whose rights are affected by a delegated decision of the municipality may appeal against that decision by giving written notice of the appeal and the reasons therefore in terms of section 62 of the Local Government: Municipal Systems Act, Act 32 of 2000 to the municipal manager within 21 days of the date of the notification of the decision.
16. Liaison forums in community
17. Repeal of by-lawsThe By-law Relating to the Control of Boundary Walls and Fences on Streets and Open Places promulgated in Provincial Gazette No. 6067 of 19 September 2003 is hereby repealed.
18. Short title and commencementThis by-law shall be known as the Swartland Municipality: By-law Relating to Walls and Fences, and commences on the date of the publication thereof in the Provincial Gazette.
History of this By-law
24 June 2016 this versionPublished in Western Cape Provincial Gazette no. 7638By-law commences.