18/05/2026
BOREHOLES IN SOUTH AFRICA: LEGAL PITFALLS
South Africans are installing boreholes at an unprecedented rate as households seek reliable alternatives to failing municipal water systems, rising tariffs, and deteriorating infrastructure. However, many property owners are unknowingly bypassing legal requirements, creating a widening compliance problem as municipalities intensify enforcement efforts and legal disputes increase.
“There’s a common assumption that land ownership automatically grants the right to drill anywhere, but groundwater is a national resource governed by the National Water Act and municipal bylaws. Many homeowners simply don’t realise the legal obligations involved, and that lack of awareness creates significant risk.” - Cor van Deventer @ Van Deventer Dowlath & Marx Incorporated
When drilling affects underground infrastructure such as transport tunnels, sewer systems, stormwater networks, fibre lines, or electricity cables, the resulting liability can be substantial. Although groundwater use is regulated nationally under the National Water Act, the practical compliance requirements for homeowners are set out in municipal bylaws, which vary across the country.
In most municipalities, some form of registration or approval is compulsory. For example:
• In the City of CAPE TOWN, homeowners must provide 14 days’ notice before drilling begins.
• In the City of JOHANNESBURG, written consent is required, particularly in areas with dolomitic ground or sensitive infrastructure. Since October 2025, Johannesburg has also introduced a digital application process requiring input from engineering and environmental departments.
• In TSHWANE, eThekwini, and Nelson Mandela Bay, boreholes must be registered once drilling is completed.
Many homeowners incorrectly assume that the drilling contractor will handle these requirements, but the responsibility ultimately rests with the property owner. Boreholes must also comply with South African National Standards (SANS), which regulate matters such as casing, sealing, pump installation, aquifer protection, and safe distances from buildings and boundaries. Non-compliant installations can contaminate groundwater supplies or create structural risks. Many homeowners have no idea what lies beneath their properties. Failing sewer systems in urban areas can also contaminate groundwater, making annual water quality testing an essential exercise.
Boreholes are also becoming an increasingly important consideration during property transactions. Banks may require borehole certificates, water quality reports, or proof of municipal registration before approving a bond. Sellers are legally required to disclose boreholes, and unregistered or non-compliant systems can cause transfer delays, disputes, renegotiations, or claims of misrepresentation.
Synopsis -
• Notify/apply to your municipality before drilling,
• Use a reputable driller who follows SANS standards,
• Checking for servitudes and underground services,
• Registering the borehole once complete,
• Testing water quality, and
• Keep all documentation for future property transfers.
Source: IOL / Cor van Deventer, Van Deventer Dowlath & Marx Incorporated
