Planning to drill a borehole on your property? Make sure you comply with the law
As water shortages and water cuts have become increasingly more frequent, there has been a major increase in residential property owners installing their own boreholes to ensure continued access to water.
While Section 27(1)(b) of the Constitution affords property owners the right to access water, this does not mean they can drill a borehole without due regard to the law, says Gary Boruchowitz from Boruchowitz Attorneys.
“Although the process to ensure a legally compliant borehole is complex, it is imperative that property owners follow due course to avoid facing serious consequences, both civil and criminal,” he adds.
In February 2025, the Gautrain was forced to suspend operations between Rosebank and Park Station as a private property owner in the area attempted to illegally drill a borehole on their property. “Whilst the incident frustrated commuters, it shined a light on the legalities around boreholes”, he says.
“It is important to be aware of the rules and regulations as well as the City of Johannesburg’s by-laws when planning to install a borehole. Boreholes are regulated by the Department of Water and Sanitation under the National Water Act. A property owner needs to obtain consent from the City as per its Land Use Scheme.”
He further adds that a hydrogeological study must be completed to ensure that the area is suitable for a borehole as the municipality will not approve any applications in areas that are dolomitic as these are prone to sinkholes and ground collapse. “You would also need to provide the municipality with 14 days written notice of your intention to drill a borehole.”
Although boreholes are a valuable resource in ensuring water availability, it is vitally important to ensure that a borehole complies with the law.
If you intend to install a borehole on your property, setup a consultation with Boruchowitz Attorneys by emailing Gary Boruchowitz or calling 079 339 7369 to ensure that you are legally compliant.
Read more from Boruchowitz Attorneys:
Body corporates can disconnect electricity supply if unit owners do not pay
The unlawful disconnection of municipal services and the extortion of money
Why litigating against municipalities makes financial sense for property owners
About Boruchowitz Attorneys:
Boruchowitz Attorneys is a boutique law firm founded by Gary Boruchowitz in July 2022. An admitted attorney, Gary spent a decade at Schindlers Attorneys working in the Municipal and Property Law departments. He has experience in all types of municipal and property related matters, representing a range of clients including commercial business parks, commercial and residential landlords, body corporates and individuals, having acted extensively in High Court litigation against the City of Johannesburg and other municipalities in SA.
The views and opinions expressed in this article are those of the author and do not necessarily reflect the official policy or position of Property Wheel.
