Rietvlei Ridge Country Estate - BUILDING RULES AND REGULATION COMPILED JULY 2004

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Rietvlei Ridge Country Estate - BUILDING RULES AND REGULATION COMPILED JULY 2004
Rietvlei Ridge Country Estate

BUILDING RULES AND REGULATION

            COMPILED JULY 2004
         (8TH REVISION FEBRUARY 2019)
Rietvlei Ridge Country Estate - BUILDING RULES AND REGULATION COMPILED JULY 2004
Table of Content
1.     INTRODUCTION ....................................................................................................................................... 1

2.     IMPORTANT NOTICES .............................................................................................................................. 1

     2.1      RELAXATION OF RULES AND REGULATIONS ...................................................................................................... 1
     2.2      DESIGN & ARCHITECTURAL STYLE .................................................................................................................. 1
     2.3      SUBMISSION & APPROVAL PERIOD ................................................................................................................ 2
     2.4      CONTACT DETAILS ...................................................................................................................................... 2
     2.5      BUILDING DEPOSIT & PENALTIES ................................................................................................................... 3
     2.6      APPOINTING AN ARCHITECT/TECHNOLOGIST/DRAFTSMAN ................................................................................. 4
     2.7      DEVIATION OF EXISTING PROPERTIES .............................................................................................................. 4
     2.8      APPOINTMENT OF A CONTRACTOR AND LAND SURVEYOR ................................................................................... 5
     2.9      ROAMING THE ESTATE ................................................................................................................................ 5
     2.10     CERTIFICATES ............................................................................................................................................ 6
     2.11     STANDS .................................................................................................................................................... 6
     2.12     RENOVATIONS ........................................................................................................................................... 6
     2.13     GENERAL .................................................................................................................................................. 6
     2.14     SECTIONAL TITLES ...................................................................................................................................... 7

3.     TOWN PLANNING CONTROLS .................................................................................................................. 7

     3.1      COVERAGE ................................................................................................................................................ 7
     3.2      BUILDING LINES ......................................................................................................................................... 8

4.     TREATMENT OF STAND BOUNDARIES...................................................................................................... 9

     4.1      STREET BOUNDARY WALLS ........................................................................................................................ 10
     4.2      BOUNDARY WALLS FOR CORNER STANDS ..................................................................................................... 10
     4.3      SIDE SPACES AND BACK BOUNDARY WALLS ................................................................................................... 10

5.     NATURAL GROUND HEIGHT ................................................................................................................... 10

     5.1      FOUNDATIONS ......................................................................................................................................... 10
     5.2      LANDFILL & EXCAVATION........................................................................................................................... 11

6.     DESIGN RULES AND REGULATIONS ........................................................................................................ 12

     6.1      PLACEMENT OF BALCONIES AND ROOMS ...................................................................................................... 12
     6.2      APPROVED BUILDING MATERIALS ................................................................................................................ 14
     6.3      ARCHITECTURAL DESIGN ELEMENTS ............................................................................................................. 18
     6.4      SITE PLAN AND LANDSCAPING..................................................................................................................... 21
     6.5      WATER AND ENERGY SAVING ..................................................................................................................... 21
     6.6      ALTERNATIVE BUILDING CONSTRUCTION....................................................................................................... 22

7.     PROHIBITED BUILDING MATERIALS ....................................................................................................... 22

8.     CONSTRUCTION ACTIVITIES ................................................................................................................... 23

9.     MAINTENANCE AND RENOVATION OF EXISTING PROPERTIES ............................................................... 24

     9.1      MAINTENANCE ........................................................................................................................................ 24
     9.2      RENOVATION .......................................................................................................................................... 24
Rietvlei Ridge Country Estate - BUILDING RULES AND REGULATION COMPILED JULY 2004
10.       GENERAL INFORMATION AND USEFULL TIPS ..................................................................................... 25

11.       BUILDING PLAN SUBMISSION & INSPECTION .................................................................................... 25

   11.1      FIRST, SECOND AND FINALE SUBMISSION PROCESS (NEW BUILD AND RENOVATIONS) ........................................... 25
   11.2      RESUBMISSION OF “AS BUILD PLANS”.......................................................................................................... 26
   11.3      FACE-TO-FACE MEETING ........................................................................................................................... 27
   11.4      APPROVAL PERIOD ................................................................................................................................... 27
   11.5      FOUNDATION & FLOOR LEVEL INSPECTION .................................................................................................... 28

12.       AESTHETIC CERTIFICATE .................................................................................................................... 28

13.       CERTIFICATE OF OCCUPANCY – CITY OF TSHWANE ............................................................................ 29

14.       ACKNOWLEDGEMENT OF BUILDING RULES AND REGULATIONS (OWNER) ........................................ 31

ANNEXURE A: 2019 AESTHETIC SUBMISSION DATES ...................................................................................... 32

ANNEXURE B: REGISTRATION OF ARCHITECT/TECHNOLOGIST/ DRAFTMAN .................................................. 33

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Rietvlei Ridge Country Estate - BUILDING RULES AND REGULATION COMPILED JULY 2004
1. INTRODUCTION

Owners and occupiers of properties in Rietvlei Ridge Country Estate enjoy a unique country lifestyle
in the city and the privilege of living next to a nature reserve. Estate living does however call for
certain restraints and owners and occupants must at all times consider the rights and privileges of
other residents. Our Estate has rules and regulations which have been made and approved in terms
of the Memorandum of Incorporation which derives its legal standing from the Companies Act, 71
of 2008. The Estate Building Rules and Regulations are for the protection and reinforcement of the
lifestyle and your capital investment. The Home Owners Association (“HOA”) would like to urge you
to familiarise yourself with the relevant Building Rules and Regulations that is also applicable on
renovations and any changes you do after occupation. When investing in the Estate you have agreed
to adhere and comply with the Estates rules and regulations. All owners, occupants and entrants to
the Estate are obliged to comply with these rules and regulations. Please note that this is a legal
binding document.

Please take note that Rietvlei Ridge Country Estate is a residential Estate and no business activities
are permitted.
The Building Rules and Regulations are applicable for new buildings as well as renovations or any
other additions or changes. All external renovations should be approved by the HOA. The HOA will
not be held accountable for any delays in the planning and submission process due to various
reasons. Please take note that your Aesthetic certificate will no longer be valid if any changes to the
exterior of your property is made without the necessary approval.
The Rietvlei Ridge Home Owners Association (“HOA”) reserves the right to alter or amend these
Building Rules and Regulations as the need arises.

2. IMPORTANT NOTICES

2.1 Relaxation of Rules and Regulations
No relaxation will be given on the rules and regulations as set out in this document. In the past too
many neighbours have given consent and did not grasp the impact these changes will have on their
privacy, the rest of their neighbours and/or the Estate. As of late the HOA had to handle several
complaints and in some instances were even threaten with legal action by residents if they didn’t
receive the anticipated outcome. Therefore, the decision was made to no longer permit consent of
neighbours or any special requests outside the rules and regulations of this document.

2.2 Design & Architectural Style
The purpose of Building Rules and Regulations is to maintain a uniform architectural protocol for the
estate, an important function in protecting the collective identity and commercial value of the Estate.
While containing firm restrictions it does allow for and encourages individual creativity within a unity
of materials and finishes ensuring that the overall development harmonizes and creates a balanced
lifestyle for all residents. The design and architectural style of the Estate is American Colonial.

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Rietvlei Ridge Country Estate - BUILDING RULES AND REGULATION COMPILED JULY 2004
Building Rules and Regulations have been drawn up as far as the use of materials, the treatment of
boundaries and landscaping is concerned. The following architectural designs will NOT be accepted:
(i) Tuscan or any Tuscan “look alike” designs, (ii) Modern; (iii) Contemporary (iv) Mediterranean or
any other design that do not resemble American Colonial.

2.3 Submission & Approval Period
Submission: It is up to the individual architect/draftsman to contribute to the successful execution
of the Estates aim. You have one year to approve your plans from the first submission date. Planning
submissions older than one (1) year will be deemed as a new approval and all relevant fees must be
paid again (see Section 11). Resubmissions of plans must adhere to the updated/ revised Building
Rules and Regulations. The HOA will only accept planning submissions from legal title dead owners.
All levies and/or fines must be up to date before the HOA will accept any planning submissions.
Approved Plans: Plan approval is only valid for a maximum period of one (1) calendar year after the
stamp date of the HOA. After such a period plans must be resubmitted for approval as a new
submission and must adhere to the update/revised Building Rules and Regulations at the point in
time. No additions or part of the plan will be permitted to be built after a Certificate of Occupancy
by the City of Tshwane and Aesthetic Certificates were issued. Any external alterations must be
approved by the HOA as a new submission and the original Aesthetic Certificate will no longer be
valid.
The onus of compliance to the Building Rules and Regulations rests on the property owner and
his/her architect/draftsman. New Owners will acknowledge receipt of the Building Rules and
Regulations when buying a property in the Estate. Existing Owner must also adhere to the Building
Rules and Regulations of the Estate.
PLEASE NOTE that non-adherence to these Building Rules and Regulations will place the Owner at
risk of, but not limited to; (i) penalties; (ii) the HOA withholding a clearance certificate for transfer of
ownership; and/or (iii) refund of building deposit or (iv) any other fees or fines that might be
applicable.

2.4 Contact details
Aesthetic Committee
The HOA has a standing Aesthetics Committee that serves as the authority for all aspects related to
Building Rules and Regulations. Approval of plans are done in conjunction with Andri Zaayman
(SACAP D0473). Applications and all questions can be directed to aesthetics@rietvleiridge.co.za and
andriz@archi-z-design.co.za. Please allow 5 business days for a response.
Managing Agent
The appointed Management Agent for the Estate is Pretor Group.
Address: River Falls Office Park, 262 Rose Ave, Pretoria, 0157
Phone: (012) 001 9000

Estate General Manager & Caretaker (“here after referred to as Estate Manager”)

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Rietvlei Ridge Country Estate - BUILDING RULES AND REGULATION COMPILED JULY 2004
If you are not sure who to contact with your request and/or any queries, please direct it to the Estate
Manager (estatemanager@rietvleiridge.co.za).
The Estate Manager can by no means commit the HOA to approval of plans. Any queries relating to
the Building Rules and Regulations must be directed to the Aesthetics Committee and Ms Zaayman.
The Estate Manager can’t be held responsible for any submission or handling of plans during the
approval process. The Estate Manager is only responsible to ensure that the Architect/Draftsman is
registered and the necessary fees paid. A list of register Architects will be available from the Estate
Manager. An appointment must be arranged with the Estate Manager, before any building can
commence.

2.5 Building Deposit & Penalties
Building Deposit: As from 15 February 2015 a building deposit of R10 000 will be payable. The same
account details and reference number should be used as per your monthly levy statement of the
Estate. Proof of payment must be provided to the Estate Manager and Aesthetics Committee before
submitting your plans for approval. No plans will be accepted if any levies or other fees are
outstanding.
Should the Owner, Builder or any Sub-Contractor cause any damage to the Estate, such as but not
limited to, roads, curbs, street lights, entrance booms, drainage, boundary walls etc. the HOA
reserves the right not to refund the building deposit. If an Aesthetic Certificate is not obtained before
moving in, please see Section 12 for penalties/fines. The HOA can also use the building deposit for,
but not limited to: complete landscaping of the property, obscure windows, enclose illegal balconies,
remove building rubble, remove wooden pergolas or any other illegal or prohibited material.
Building Penalties: It was enforced as off 1 September 2014. A penalty double the value of the
monthly levy is payable until construction begins, also refer to as “breaking ground”.
In order to reduce inconvenience to neighbours as well as unsightliness, construction must proceed
without lengthy interruptions and handled in such a way that the end of each phase should be
aesthetically acceptable to the HOA. Once building work has commenced, it must be completed
within a twelve (12) months period. Should you require a longer building period of twelve (12)
months, please contact the HOA and make the necessary arrangements. Failing to do so can result
in building penalties. The penalty will be a minimum of R5 000 and will be charged on a monthly
basis until such time that the residents can apply for a Certificate of Occupancy by the City of
Tshwane and an Aesthetic Certificate. (See Section 12 for more details on Aesthetic Certificate).
Please take note that the HOA only regard the project as finale once an Aesthetic Certificate is
issued. If construction is not finalised twenty-four (24) months after work has commenced, a penalty
fee equal to the building deposit of R10,000 will be payable per month. The HOA reserves the right
to asses each case on merit and waive or enforce the penalty.
No building activities will be allowed on the stand without approved building plans by the Aesthetic
Committee and City of Tshwane. (See Section 11 on submission of building plans).
Continues work on a stand must be visible and progress must be noticeable. If no building activities
is notice in a three (3) month period on the stand, the HOA will notify the Building Inspector of the
City of Tshwane and the necessary legal notices will be issued. Stop-go building will not be permitted
in the Estate.

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Rietvlei Ridge Country Estate - BUILDING RULES AND REGULATION COMPILED JULY 2004
New Stand Owners: With reference to Building Penalties as from 1 February 2017, should a new
owner (second transfer owner) buy a stand from a previous owner (first transfer owner), the new
owner will be liable for double levies 12 months after date of registration into his/her name if an
architectural plan that is approved and stamped by the HOA’s Aesthetics committee and the local
municipality is not submitted to the HOA and construction on the stand haven’t started.
Automatic reduction of levies will not take place. The onus is on the Stand Owner to notify the HOA
and Pretor.

2.6 Appointing an Architect/Technologist/Draftsman
As of 1 January 2018 all Architects/Draftsman must register in the Estate. The HOA will no longer
accept any planning submissions by an Architect that is not registered and approved. Registration
documents and fees is set out in Annexure B.
Before appointing an architect/ draftsman you must obtain a copy of the individual’s SACAP
registration, proof of Estate registration and submit the relevant documentation to the Aesthetic
Committee.
The person designing the house must be the legal holder of the SACAP registration. The HOA reserves
the right to refuse submission from an architect/draftsman that is not approved by the Estate or
illegally making use of another individual’s SACAP registration or both. The Aesthetic Committee
will only deal with the legal owner of the stand and the person whose name is reflecting on the plans
that is submitted for approval. No third party contractors/sub-contractors will be permitted.
Plans for approval must be submitted to Ms Zaayman. (See Section 11 for submission of plans). Prior
to construction, it is the owners’ responsibility to ensure that all plans are submitted and approved
by the HOA, Ms Zaayman and the City of Tshwane. All plans must be drawn on a scale of 1:100 and
printed on an A3 or A1 page size. Plans drawn or printed on any other scale will not be accepted. It
is the architect/ architectural technologist/ draftsman’s responsibility to ensure to all plans adheres
to SANS regulation, include engineer drawings, and if needed includes a rational design for additional
windows. All submissions must include a separate contour plan.

2.7 Deviation of existing properties
Some existing properties deviate from the current guidelines. This is due to previous (now discarded)
guidelines before 20 February 2019. All house plan submissions after this date must be designed
according to the new Building Rules & Regulations, including renovations. The HOA have a no
tolerance policy against Home Owners not adhering to the Building Rules and Regulations of the
Estate or do not build according to their approved plans. The HOA reserve the right to request that
all building work on site to be stop should they notice that construction is not according to the
approved plans or as per the set out rules and regulations of the Estate. Should the Owner ignore
the request, a fine of R5 000 will be charged.
The HOA will notify the City Council of any deviation of approved plans and request a stop order to
be submitted to the Stand Owner and builder/contractor. Owners and Contractors should adhere to
the Contractors Rules and Regulations (see separate document).

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Rietvlei Ridge Country Estate - BUILDING RULES AND REGULATION COMPILED JULY 2004
2.8 Appointment of a Contractor and Land Surveyor
Contractors: Please make an appointment with the Estate Manger before any building activities
commence. Several documentations must be signed and presented to the Estate Manger as per the
Contractors Rules and Regulations.
Before appointing a builder/contractor/project manager you must obtain a copy of the NHBRC
certificate and forward it to the Estate Manager to ensure that you make use of an approved
builder/project manager. The HOA reserve the right to refuse access to any
builder/contractor/project managers that is not preapproved or isn’t the legal holder of a NHBRC
certificate or both. Please take note that the NHBRC certificate is only valid for one (1) year and
must be annually renewed. The onus is with the owner to ensure that the Estate Manager do have a
valid NHBRC and NHBRC enrolment certificate on file. The Estate do receive sporadic spot checks by
the NHBRC. At the end of the build project the Building Inspector do require a copy of your builders
NHBRC and NHBRC enrolment certificates. These are two separate certificates.
There are several individuals that are currently banned from the Estate due to various reasons. Please
take note that the Estate is a private Estate and the HOA do have the right to refuse access to these
individuals. Both the Owner and appointed Builder must familiarise themselves with the Contractors
Rules and Regulations (see separate document).
Land Surveyor: All projects must appoint a Land Surveyor. The land surveyors contact details must
be submitted to the Estate Manager as part of the Contractors Rules and Regulations. No ground
works will be permitted without a Land Surveyor. No planning submission will be accepted without
a separate contour plan drafted by a Land Surveyor. Pouring of foundations will not be allowed if the
Aesthetic Committee and Estate Manager did not receive the Land Surveyor report. Please see point
11.5 for more details on foundation and floor level inspection.

2.9 Roaming the Estate
All contractors, service providers, builders, project managers etc. (collectively referred to as Builders)
are not allowed to roam the Estate and must wear a reflective vest at all times. Access is only give to
a single stand. If Security, HOA Directors or the Estate Manager, or if any of the residents notify the
above-mentioned parties that Builders are roaming the Estate, they will be immediately escorted out
of the Estate. This includes driving around in the Estate. If your Builder is not on the site that access
was granted to, he/she will be asked to leave the Estate immediately and will be banned. People
scouting the Estate place all residents at risk. Given that these Builders do have “free access”, the
HOA will impose a no tolerance policy. Any Builders swearing, acting aggressively or imposing a
threat to any of the residents will be banned from the Estate. Please make sure that you do
communicate it to your Builder. The onus is on both the Owner and appointed Builder to familiarise
themselves with the Contractors Rules and Regulations (see separate document). The HOA will not
hesitate to take the necessary legal action, should any Owner or other person in possession of an
access tag, provide illegal access to individuals that were banned from the Estate. No Homeowners
access tags may be given to any Builder. Separate arrangements must be made with the Estate
Manager. A R 5000 fine will be applicable.

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2.10 Certificates
The HOA do not allow any person, including Owners and Tenants, to move into a newly built house
without obtaining a Certificate of Occupancy of the City of Tshwane. We do understand that during
the building process, change of materials or layout to the approved building plan can and do happen.
We urge you to obtain approval from the HOA before continuing with building should any such
changes occur during the construction process. If it is not brought under the attention of the HOA,
they reserve the right to immediately stop all building activities until such time that it is rectified, or
new building plans are submitted for approval in line with the Building Rules and Regulations. If you
fail to do so, the HOA will have the right to enforce a stop order. (Section 11 on the resubmission of
amended plans).
In the event where you move in without the permission of the HOA or obtaining the necessary
certificates an Eviction order will be obtained. All legal cost will be for the account of the Owner.
Please see Section 11 for the obtaining of Aesthetics Certificates and the penalty schedule.

2.11 Stands
Stand Owners are not permitted to use their stands as temporary storage space. Sheds, building
materials, heavy duty vehicles etc. is not permitted to be on the Stand before approved council plans
have been obtained and the building deposit is paid. Before building can commence you must install
a legal water connection and tap. You should also have an enclosed working toilet on site. Please see
point 2.8.

2.12 Renovations
After moving in and obtaining the necessary certificates, the HOA would like to remind all residents
that they still need to adhere to the Building Rules and Regulations and that the relevant penalties
will be enforced, should they make any changes to their property without the necessary consent and
approvals. Adding prohibited materials after inspection will not be tolerated. Your Aesthetic
certificate and in some instances your Certificate of Occupancy from the City of Tshwane will no
longer be valid should you make any changes to your property after obtaining the necessary
certificates.

2.13 General
    •   The design of the dwelling unit and the entire stand must show sensitivity to the privacy of
        your neighbours. See Section 2 & 4 for more details.
    •   The materials used in the Estate focus on low maintenance and durability over time. Please
        see Section 5 for more details.
    •   No stand (“erf”) shall be subdivided or rezoned. No exception will be made.
    •   Stands 19, 29 and 30 must work closely with the HOA on the design of their houses. Some of
        the rules and regulations will not be applicable to these stands due the contour falls and will
        be scrutinized on its own merits. An appointment with the HOA should be schedules before
        designing a home for these stands.
    •   Multiple stand owners in the Estate are not permitted to use the same architectural drawings
        more than once. Each house must be unique in architectural design and layout. No look-a-

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like designs by the same owner will be accepted. It is important to maintain the economic
          value of the individual stands in the Estate and to avoid the look and feel of complex living.
    •     When selling a property or stand in the Estate, it is the responsibility of the seller to inform
          the potential buyer of the Estate’s Building Rules and Regulations and any other relevant
          documentations. Please take note that the HOA will not be held accountable for any miss
          presentation by the seller to the buyer. No exceptions will be made or special permission
          will be given. If the new owner would feel that he/she was misled, he/she should take it
          up with the previous owner or Estate Agent and take the necessary action against them.

2.14 Sectional Titles
Each sectional title complex in the Estate have their own rules and regulations pertaining building
and renovation guidelines. Please adhere to these rules and regulations and contact your individual
Body Corporate for guidance. Should your Body Corporate not have specific rules or regulations
pertaining a certain renovation aspect, then the overall Building Rules and Regulations of the Estate
will suffice or your individual Body Corporate will refer the matter to the HOA for clarity and/or
approval.
All builders/contractors/tradesman must adhere to the Contractors Rules and Regulations of the
Estate (see separate document).

3. TOWN PLANNING CONTROLS

Before designing your house, please obtain a copy of your title deed and familiarise yourself with any
servitude conditions that might be applicable to your stand. Also contact the local council to establish
if any additional servitude is applicable to your stand before submitting your plans. The coverage and
building lines indicated on your title deed do not overwrite the Building Rules and Regulations of the
Estate. Only the coverage and building lines as indicated in this document will be accepted.
There has been a lot of conflict between neighbours about relaxed boundary lines and the most
recent surprise was the major servitude of Rand Water that runs right through the Estate without
being indicated on the SG diagrams or Title deeds. The result is that parts of some houses are built
within this servitude. The HOA can’t guarantee that there is no more of these surprises in the Estate.
Therefore, a decision was made by the HOA to not allow any relaxation of building lines.
The pavement width is determined by the pecks of your stand. A professional Land Surveyor must
set out your stand and assist with groundworks (See Section 2, point 2.8). The pavement width is not
consistent in the Estate for all the streets. Therefore, do not compare your stand with other stands
in the Estate. Also see Section 2, point 2.7.

3.1 Coverage
        3.1.1   Maximum dwellings          One (except where indicated otherwise as per title deed)
                per erf
        3.1.2   Maximum height             All erven in the Estate shall be restricted to 2 storeys
                                           (excluding roof) and 7 meter wall height from natural
                                           ground level to wall plate height. If you do any landfill, it

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will be included in the overall 7 meter wall height
                                          (landfill, plus foundation, plus wall height = 7 meter)
                                          If you choose to build a loft (see point 3.1.6 for the
                                          definition of loft) the 1 meter wall height should be
                                          included in the overall wall height of 7 meter.
                                          Please take note that is not applicable to Stands 19, 29
                                          and 30.
    3.1.3     Single storey dwellings     Maximum coverage allowed will be 40%. The HOA will
                                          not be held accountable if your plans are rejected by the
                                          council for exceeding the maximum cover.
    3.1.4     Double           storey The ground floor coverage of double storey dwellings
              dwellings               shall not exceed 40% of the area of the stand. The first
                                      floor level shall not exceed 70% of the ground floor area.
                                      This includes covered balconies and any other open
                                      areas on the second floor.
      3.1.5     Minimum size              The houses, excluding any outbuildings, such as garages,
                                          storage, patio’s; staff rooms, and balconies, should not
                                          be less than 200m². No exception will be made on the
                                          minimum size of a dwelling. It is important for the HOA
                                          to protect the economic growth and value of the
                                          individual stands in the Estate.
      3.1.6     Loft                      A loft room shall not exceed 25% of the floor level
                                          directly below it. A loft room is defined as a room
                                          situated in the roof of the design. The wall height of the
                                          loft will not exceed one (1) meter from Floor level to wall
                                          plate level or the underside of the roof rafter. The
                                          overall maximum wall height of 7 meters from natural
                                          ground level may only be exceeded by the roof structure
                                          and chimneys as required by the national building
                                          regulations.

3.2 Building Lines
      3.2.1     Single storey dwellings      ➢       Street building line 5m
                                                     (Pavement width plus 5 meter = building line)
                                             ➢       Side building line 2.25m
                                             ➢       Back building line 3m
                 Where the foundation height is 800 mm or more from natural ground height, the
                 same guidelines as for a double storey will apply. The level should be treated as
                 the 2nd floor of a double storey dwelling.

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3.2.2     Double storey              ➢       Street building line 7m
                  dwellings (first floor)
                                                    (Pavement width plus 7 meter = building line)
                                             ➢       Side building line 3.75m
                                             ➢       Back building line 5m
        3.2.3     Side spaces &              Please familiarise yourself with any servitudes that
                  relaxation of building     might be applicable to your stand. No relaxation of
                  lines                      building will be given.
        3.2.4     No obstruction of any kind may be built within the 1:100 year flood line as
                  indicated on the site plan. Please obtain a copy of your title deed to ensure that
                  you adhere to the servitude stipulations as per this legal document.
        3.2.5     Entrances to stands 7, 9, 46, 96 and 99 only through panhandles.

4. TREATMENT OF STAND BOUNDARIES

The HOA does acknowledge that our Estate has a substantial contour fall towards the South West
and this has a significant impact on boundary walls and privacy from your neighbours.
Please contact your neighbour(s) first before changes are made to any existing boundary wall(s). Be
mindful that some of the boundary walls are 100% built in the stand of your neighbour and also paid
for by that particular stand owner, therefore your neighbour is the legal owner of the wall and can
take legal action against you for property damages. Permission or an agreement on compensation
must first be obtained from the owner before any alterations can be made to the existing wall. Do
not assume that you can just make any change or use the boundary wall as you please. If the
neighbours can’t reached an agreement, or the engineer question the structural integrity of the
existing wall, a secondary boundary wall can be build.
All cost and impact on existing boundary walls, such as, but not limited to, increasing the boundary
wall height, change a standard 220 mm boundary wall to a retaining wall, damage to neighbour’s
gardens, etc. will be for the cost of the party responsible for the change. An engineer’s report will be
required on boundary walls exceeding the 2 meter wall height and where landfill is more than 500
mm.
The party responsible for the modification of the existing boundary wall is responsible to provide a
finished plastered wall on both sides of the shared wall. If the existing neighbour request additional
changes to the wall, for example, but not limited to additional retaining, increase of wall height above
the minimum of 1.8m or any other request that falls outside the building regulations, the neighbour
requesting the changes is responsible for the cost. All boundary walls to be painted, no expose
cement or stock brick walls are permitted. Only casted retaining concrete walls will be allowed to
stay in natural form.
New side and back boundary walls only required to be plastered and painted on the inside of your
stand, unless your stand facing an open area or pan handle. If your stand faces any open areas or
pan-handle, the owner is responsible to finish both the in- and outside of the boundary wall.

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4.1 Street Boundary Walls
    The street facing boundary, also defined as the entrance to the house, must be completely
    open with no boundary walls within the five (5) meter restricted area (pavement plus 5
    meter). All street facing boundary walls on the 5m restricted line can be a minimum height of
    1.4 meters from the inside of your stand, but not more than 2 meters. In the event where your
    stand has a contour fall of more than three (3) meters, the HOA will approve the boundary
    wall height on an individual basis. No structures or prohibited materials will be allowed (see
    Section 7).
    Stands 17, 18, 29, 30 and 31 boundary walls on the Eastern side, bordering onto the nature
    reserve, must be agreed with the HOA. Stand 19 and 29 street facing boundary walls will
    deviate from the Building Rules and Regulations and the HOA will approve it on an individual
    basis.

4.2 Boundary Walls for Corner Stands
    In the event of more than two open boundaries/corner stands, an application can be made to
    the HOA for the relaxation of one boundary line up to a maximum of 3.75m, as long as it is not
    the driveway/entrance to the dwelling and no servitude is applicable. (pavement width, plus
    3.75m = boundary wall).
    In the event where a stand faces a traffic circle no relaxation will be given on the building line
    facing the traffic circle and must be open for visibility of oncoming traffic. The five (5) meter
    restricted area will be applicable.

4.3 Side Spaces and Back Boundary Walls
    The side and back walls between properties must be a minimum height of 1.8m from the inside
    of your stand. The HOA will assess the wall height on an individual basis where the contours
    fall of a stand is in excess of three (3) meter across the site. The HOA will decide at its own
    discretion if the proposed wall height is suitable and does not impact negatively on the
    neighbouring properties and the Estate as a whole. The HOA also take into account the privacy
    of the surrounding neighbours. The last five (5) meter adjacent to the street boundary (side
    space) may only be separated by a landscape retaining wall, not more than 600 mm wall height
    unless otherwise specified by the Building Inspector. The design is subject to the HOA
    approval. No structures or prohibited materials will be allowed (see Section 7) in the side
    spaces or boundary walls.
    Stand 19 and 29 boundary walls will deviate from the Building Rules and Regulations and will
    be approved on an individual basis by the HOA.

5. NATURAL GROUND HEIGHT

5.1 Foundations
    The HOA do realise that the Estate has a significant slope towards the South West. If a single
    storey dwelling elevates the foundation more than 800 mm above the natural ground height

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(“NGH”) of the stand, the same rules as for a double storey dwelling will be applicable. The
    first floor/ground level will be treated in the same manner as the second floor and will require
    obscure or sand blasted windows.
    In the event where a double story dwelling elevates the foundations more than 800 mm above
    the natural ground height, the first and second story will be treated in the same manner and
    windows overlooking the neighbours should be obscured.
    If you don’t want to design a multi-level home and work with the natural contours of your
    stand, we advise that you rather cut-in and excavate, than landfill. Use the lowest point on
    your stand as reference for NGH and level for the foundations. Please keep in mind that your
    boundary walls will be significate higher and boundary wall height from the inside of your
    stand is measured from NHG. NHG is defined as the natural level of the site before any
    excavation or filling took place before the proposed development of the site.

5.2 Landfill & Excavation
    The HOA will have a no tolerance policy toward Owners and Builders who do not appoint a
    Land Surveyor. All landfill and excavation must be in line with the approved building plans and
    Land Surveyor report.
    5.2.1     Landfill
    Stand owners are prohibited to landfill more than 600 mm and garden levels should be kept
    at the NGH as far as possible. Only in extreme cases will the HOA grant permission to exceed
    the maximum of 600 mm, provided that it has no negative impact on the surrounding
    neighbours. Landfill against existing boundary walls in not allowed.
    The HOA do acknowledge that by law you can’t stop/prevent the free flow of storm water, but
    in the spirit of good neighbours, we request, where possible, that you landscape your storm
    water in such a way to rather flow toward the street instead of your neighbours. Good
    examples of such neighbouring spirit can be seen between stand 13, 14 and 15.
    Stands 19 and 29 are negatively impacted by the landfill of Stand 18 that was approved before
    September 2013. The HOA will work closely together with these stand owners in designing and
    approval of their plans. The plans for Stand 19 and 29 will be approved on an individual basis
    and the owners should contact the HOA before appointing an architect to discuss design
    concepts that will be acceptable to the HOA.
    5.2.2     Excavation
    Excavation must be clearly indicated on all plans. Drainage and waterproofing must be
    addressed in the design as well as retaining walls on both the dwelling and the boundary walls.
    Excess soil must be removed in 5 business days of excavation and not overflow into the road
    or the neighbouring properties. The open space across the Estate is not a dumping ground for
    excavation material. The HOA do not approve any illegal dumping across the road of the
    Estate. The HOA will notify the owner immediately of such behaviour and will provide the
    Owner with the necessary contact details of the relevant Stand Owner to take the necessary
    legal action.

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6. DESIGN RULES AND REGULATIONS

6.1 Placement of Balconies and Rooms
    Home owners are requested to take into account your neighbour’s privacy. Large balconies on
    the second floor are only allowed at the street facing side of your stand and must be closed
    off by a screen wall on either side overlooking the neighbours.
    6.1.1    Balconies for Stands 29, 30 and 31 will be approved on merit of the design. Balconies
             and patios are not allowed to be enclosed without planning approval.
    6.1.2    The Northern side of a dwelling in the Estate will be regarded as private living space.
             In the design of entertainment areas such as Patio’s, Braai Areas, Balconies etc. one
             should take into account the placement of your neighbour’s bedrooms and consider
             the noise disturbance.
    6.1.3    All bathroom and cloakroom windows are required to have either obscured, frosted
             or stained glass if positioned below the 2.1m height as measured from the finished
             floor level of the relevant room.
    6.1.4    It is recommended that all living spaces (e.g. pyjama lounge, study, family room etc.),
             excluding bedrooms, on the second floor do not overlook the neighbours. In the
             event where any of the living spaces and bedrooms do overlook the neighbours, the
             following rules will be applicable:
              •   If the window is on the relevant building line and the window is a maximum
                  width of 900 mm (including the frame), no obscured glass will be required
                  provided that:
                  a)     the room does not consist of more than two (2) windows below the 2.1m
                         wall height;
                  b)     maximum width of each window is 900 mm (including the frame);
                  c)     a solid wall, minimum width of 900 mm, separates the two windows;
                  d)     it’s not a bathroom, guest W/C or utility window; and
              •   North and street facing window on the second floor should comply with SANS
                  regulations and is not limited to the 900 mm rule.
              •   Any amendments made to the window schedule during the building process
                  must first be approved by the HOA. In the event where approval wasn’t
                  obtained, the window(s) must be removed and replaced as per the original
                  approved drawings. The HOA will not be held responsible for any additional cost
                  that the owner might accrue in rectifying the building to adhere to the original
                  approved building plans.
              •   No “as build” plans will be accepted if the changes weren’t discussed with the
                  HOA beforehand.

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6.1.5    No staff accommodation must be nearer to the street than the main building unless
         contained under the same roof or integrated into the overall design.
6.1.6    Staff accommodation and kitchen areas must open onto screened yards or enclosed
         patio/stoep areas.
6.1.7    Outbuildings and additions must match the original building design in style, elevation
         and material usage.
6.1.8    All plans must indicate at least one double enclosed garage and this must be built in
         conjunction with the original dwelling. No flat roofed carports or garages will be
         permitted or any other steel carports or any similar construction. No construction
         will be allowed outside the building lines as set out in point 3.2. The maximum
         number of garages allowed are either two double garages or 4 single garages.
6.1.9    The Estate focuses on low maintenance materials. It is advisable to install galvanized,
         glass or stainless steel balustrades. If any other materials are used, please obtain
         approval from the HOA.
6.1.10   Yard and screen walls, entrance and side gates must compliment the basic materials
         off the building and be indicated on the plans. As far as possible one should use
         galvanised steel and not wood.
6.1.11   No dog kennels, bird cages, caravans, boats or trailers to be visible from the road and
         may not be placed in the restricted side space (building lines). It must be positioned
         in such a manner that it does not affect the amenities of the neighbours and do not
         detract from the aesthetics of the Estate.
6.1.12   No pre-fabricated garden sheds or “wendy houses” will be allowed in the Estate. This
         includes conservatories and greenhouses. Storage space and utility rooms must be
         incorporated into the overall design of the house.
6.1.13   No shade netting may be used for carports or any other coverage. No gazebos or
         umbrella structures are permitted. The coverage of balconies and patios with plastic
         or any form of material covers are not allowed.
6.1.14   Awnings, DSTV dishes, air conditioning units, solar panels, heating pumps, wind
         turbines and other items which do not form part of the basic structure of the house
         must be clearly indicated on the plans.
6.1.15   All plumbing and washing lines must be fully screened and not be visible from the
         street elevations. No temporary washing lines may be erected after the necessary
         certificates were issued. Boundary walls and balustrades are not to be used as
         washing lines. The owner will receive a R500 fine per incident.
6.1.16   As from February 2017 no jungle gyms or similar structures will be allowed in the
         Estate. A R3 000 fine per month will be charge until such time that the structure is
         removed
6.1.17   Outdoor lightning should be sensitive to the neighbours. No lights or spot lights are
         allowed to impact your neighbours negatively. Should the HOA receive a complaint,
         the owner would be request to remove or reposition the light(s). Failing to do so will
         result into a R500 fine per week.

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6.2 Approved Building Materials
    The following approved building materials and design elements must be used in the overall
    design and build of the property. The HOA reserve the right to request an immediate stop-
    order should they notice that different building materials are use or the design elements are
    not incorporated into the build as per the approved building plans.
    6.2.1      Roof Coverings
    Please take note that your roof pitch must be between a minimum of 30₀ and a maximum of
    45₀. No relaxation on the roof pitch will be given by the HOA. As a matter of caution: Please
    communicate to your roof installer that we have a high wind factor in the Estate and roof tile
    on the overhangs should be nailed down.
    The following roof coverings will be allowed:

    •       Concrete roof tiles (Monier Coverland, Marley, Infraset etc.)
    •       Natural slate roof tiles (Mazista or similar)
    •       Fibre cement roof tiles (Everite)
    •       Harvey roof tiles
    •       Flat concrete roofs: No garages are allowed to have flat concrete roofs. No more than
            10 m2 concrete roofs can be used as part of the overall roof design to enhance the
            American Colonial roof design. Flat roofs are not allowed to be covered in silver paint or
            any other reflecting materials. It must be painted in the same colour as the roof tiles.
    •       All exposed part of the roof structure must be in the same colour as selected roof tile.

    Note: No roof sheeting or variation of it will be allowed. Only the above mentioned roof
    coverings are permitted. No permission will be given for any other type of roofing and no
    exception will be made.
    The following roof colours will be allowed: (samples must be presented for approval)
    •       All shades of Grey & Charcoal & Black (Preferred Colours)
    •       Dark Brown & Rustic Brown
    •       Slate & Antique Slate & Rustic Slate

    6.2.2      Structural Walls and Screen Walls

    The following wall finishes will be allowed:
    •       Plaster and paint (smooth or textured)
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•       Coloured cemcrete*
•       Bagging and paint
•       Nutec Building Planks (popularly known as Vermont)
•       Face Brick (see point 6.2.3)
•       Red Face Brick (see point 6.2.4)
•       Stone and Stone Cladding

Please note the following:
•     No external raw cement walls will be allowed or any external exposed stock bricks. All
      stock brick walls to be plastered and painted. Only casted retaining concrete walls will
      be allowed to stay in its natural form.
•     Plaster and paint work towards the South and Eastern side of your building should cater
      for extreme windy conditions. Most of the owner’s re-plaster or re-paint these walls in
      less than a year after moving in. Please bring this under the attention of your builder.

6.2.3      Approved Wall Colours

The above colour chart is an indication of the basic colours that the HOA will allow. Your colour
scheme should reflect earth colours. No red painted walls or any other bright colour on the
external walls of your home is permitted.

6.2.4      Face Bricks

The following face brick colours or similar to the below will be considered by the HOA:

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Red Face Brick will be considered in combination with plastered walls. As for accent and
foundation walls, the following bricks can be used:

 No face brick with a pink, orange or dark brown undertone will be approved.

       6.2.5    Windows

       American Colonial designed houses are known for their long narrow window design. Only
       aluminium (natural, bronze, white and black), timber framed (stained in any natural wood
       colour or white) and UPVC (wood look alike or white) windows will be allowed. Any of the
       window design styles as set out below will be acceptable.

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6.2.6      Paving
All driveways to be fully paved. Only clay brick paving, interlocking, bevel or coble stone paving
will be allowed. No in-situ concrete paving, tar surfaces, broken bricks, stock bricks or any
other form of landscaping blocks will be permitted to cover driveways, patios or other open
areas. Black, grey, terracotta and brown paving colours is permitted. Please obtain approval
before painting any visible paving from the street.
6.2.7      Security
The HOA, together with the appointed security company, always want to ensure to the best
of their abilities the safety and security of all owners/residents living in the Estate, it is
important that owners/residents still take responsibility for the safety of their own homes.
•       Alarm Systems
        An alarm system with outside security beams may be installed.

•       Burglar Bars
        a)    Burglar bars may be installed but should be fitted on the inside of the windows.
        b)    Clear view burglar bars: The HOA prefers that ‘clear view ‘security bars
              manufactured from polycarbonate should be used. This material is available from
              engineering plastic suppliers. More details about polycarbonate security bars are
              available on the web sites of companies installing these security bars.
        c)    Steel burglar bars: If you would prefer steel, the minimum thickness should be
              10 mm² and maximum 12 mm². The HOA recommends the 12 mm² thickness. No
              flat profile steel burglar bars will be permitted and the so-called Spanish burglar
              bars will also not be allowed. Preferably burglar bars should only be fitted at

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windows that can open. The burglar bars should blend in with the existing steel
                  work of your home e.g. gates and balustrades.
    Not recommended: the round 6 mm or 8 mm prefabricated burglar bars which are sold at large
    hardware stores.
    •       Security gates
            a)    Security gates should be out of sight from the street view. However, if the door
                  opens to the inside of your house, you are permitted to install the security gate
                  on the outside. The security gates of all sliding doors should be inside the house
                  and also be sliding gates within steel frames. Swinging security gates are not
                  allowed. Thickness of the inside bars should be 10 mm² to 12 mm² within a frame
                  of tubing steel of minimum 25 mmx 25 mmx 2 mm and maximum 38 mm x 38
                  mm x 2 mm.
            b)    Not recommended: the prefabricated gates with inside bars of 8 mm to 10 mm
                  round bars available from large hardware stores.
            c)    Decorations of cast steel may be added to the gate but should be limited to a
                  minimum.
            d)    Suggestion: You can get ideas of designs of security gates at the three town house
                  complexes in the Estate.
            An unauthorized installation needs to be removed at the cost of the owner and a weekly
            penalty will be imposed until such time that the unauthorized installation is removed.

6.3 Architectural Design Elements
    6.3.1    The building design style of the Estate is American Colonial. Below typical
             characteristics of the different American Colonial designs:

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6.3.2   The following TWO design elements are typical of American Colonial and must be in
        the design and visible from the street facing side of the property:

        1) Horizontal building planks     2)   Exposed functional or ornamental trusses on
           (“Siding”). It can be in            gables, doorways or stoep openings. It can be
           plaster, Nutec board or             in wood, steel or plaster.
           wood.

        Please take note that gates and duct covers do not count for “Horizontal building
        plank” must have design element.

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6.3.3   A THIRD element from the list below, must be incorporated into the design:

   Horizontal brick strip panels in red face brick   Semi arched windows and openings

   Two chimneys above each end                              Cornice and Shutter design

                  Dormer Designs                         Exterior Window Shutter Designs

                Bay Window Design

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6.4 Site Plan and Landscaping
    6.4.1   A separate contour plan, drafted by a Land Surveyor should accompany all planning
            submissions.
    6.4.2   The stand as well as the foundation layout of the house must be done by a Land
            Surveyor. A Land Surveyor report must be provided to the Estate Manager and
            Aesthetic Committee before pouring of foundations. A stop-order notice will be
            issued if the report wasn’t provided to the above mentioned parties. Building
            activities can continue after the Land Surveyor report is presented to the Estate
            Manager and Aesthetic Committee.
    6.4.3   Flower boxes that serves as retain walls on the 5 meter open space in front of the
            house can be a maximum height of 600 mm.
    6.4.4   No building of walls is permitted close to any fire host outlet, water and electric
            meter box in the Estate.
    6.4.5   Fibre lines in the Estate is marked with a green pipe. Please do not remove the pipe.
            If the installer must dig up a flower bed, remove paving, grass or any other
            obstruction to enable them access to the fibre line, the Owner responsible for
            obstructing access will be liable for any damages.
    6.4.6   The use of hedgerows is recommended and the planting of indigenous trees and
            shrubs is encouraged where possible. When planting of trees please anticipate the
            future root growth not to cause any damages to underground fibre lines, water
            pipes, storm drains and electric cables.
    6.4.7   All landscaping at the street facing side of the stand must be completed before
            applying for an Aesthetics certificate.
    6.4.8   No wooden pergolas or wooden structure for plant growth will be permitted.
    6.4.9   All braai areas, fire pits, pizza ovens or any other entertainment areas must be clearly
            indicated on the site plans. Please take note that build-in braais, ovens etc. must
            comply with SANS regulations. Planning approval must be obtained for any of the
            above mentioned structures and viewed as external renovations.

6.5 Water and Energy Saving
    6.5.1   Solar Panels; Heating Pumps & Air Conditioning Unit
            Solar panels to be integrated into the design as per SANS regulation. As far as
            possible, geysers must be inside the roof, enclosed cover or not be visible from the
            street facing side.
            Special attention must be given to the placement of heating pumps and air
            conditioning units as they can cause noise disturbance. It must be clearly marked on
            the site plan. If any air conditioning units, pool-, heating- or water feature pump is
            facing the northern side of your neighbours, you would be required to place it in an
            insulated sound proof chamber. Before installation, please obtain approval from the
            HOA.

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6.5.2      Water tanks
               Tanks should be placed unobtrusively and be integrated within the general Aesthetic
               of the building. Water tanks are not allowed to be visible to the neighbours from
               NGH or from the street. Where such tanks are used it should be covered/obscured
               to the satisfaction of the HOA and should be painted the same colour as the exterior
               walls. All pipes to be hidden or integrated in ducts and not visible from the street or
               your neighbours. Installing water tanks without the permission of the HOA will lead
               to a monthly fine of R500 until such time that approval is obtained or the tank
               removed.

    6.5.3      Wind Turbines
               Only when the location of the site within the Estate is conducive to effective use of
               a wind turbines and the amenities of the adjoining and adjacent properties are not
               detrimentally affected, will it be allowed at the discretion of the HOA. Please seek
               approval from the HOA before installation or indicate the placement of a wind
               turbine on your roof plan before submission of your plan.

    6.5.4      Generators
               All generators must be installed in an insulated sound proof chamber and not be
               visible or audible from outside the particular property. The placement of the
               generator must be clearly indicated on your site plan. If the HOA receive a noise
               complain, a fine of R500 will be issue per complaint.

6.6 Alternative Building Construction
    The HOA acknowledge that there are currently several new innovated alternative building
    construction methods and materials available on the market such as light steel frame building
    systems.
    Please take note that the building system must be:
    •       SABS approved.
    •       NHBRC approved.
    •       Must qualify for financing by major banks and financial institutions.
    •       Must be approved by local municipal authority
    An application must include a full specification sheet of the material to be used and a brochure
    of the system supplier.
    The HOA reserves the right to approve or to remove any such building systems from their
    approval list should it be found that any such systems have inherent defects which may result
    in negative long term structural integrity of any of these alternative building systems. No log,
    space frame or prefabricate house will be allowed in the Estate.

7. PROHIBITED BUILDING MATERIALS

   The main focus of the Estate is to encourage low maintenance and durable materials that are
   aesthetical pleasing. The Estate is situated in an area that experience high to extreme wind

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