The installation of a borehole on a property is coupled with attendant regulations pertaining to notification, permission, registration, safety, and usage.
Due to the diverse administrative requirements of various local government authorities, such regulations vary from one municipality to the other. However they are all targeted at the exploitation of underground water resources in a sustainable, safe and controlled manner.
In line with the aforementioned, property owners who intend to install boreholes on their properties may be required to notify the municipality with jurisdiction of their intention to drill a borehole.
In Cape Town, the regulations require this notification to contain the party’s names, ERF number, municipal account number and whether the intention is for a well-point or a borehole.
This must be done no less than 14 days, and upon permission and installation, registration of such borehole or well-point must be done.
Is proof of such borehole registration required when transfer of property where a borehole was installed is concluded?
Not really, although it is desirable so as to instil confidence in the purchaser of the property that all the complements and affixtures on the property are legally compliant.
The Seller and Purchaser are free to prescribe their own requirements with regards to this in the agreement and may even provide that the Purchaser will register the borehole after the transfer has taken place as there are provisions to do so.
Alternatively, the parties may agree that the Seller register the borehole first at own cost then the transfer may go ahead.
Further and where the property purchased is financed by a bank or other financial institution, they may insist on the borehole certificate including a water quality test to determine if it is hygienically safe for human consumption.
The responsibility to ascertain the hygienic suitability of the borehole water is out rightly with the owner of the property and not the municipality as it is installed independently of the municipality’s instigation and resources.
Our conveyancing attorneys are ready to provide expert legal assistance with property related matters. Kindly contact us for comprehensive assistance with regards to property purchase and transfer legalities.
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