South African municipalities crack down on homeowners with boreholes on their properties

South African municipalities are cracking down on non-compliant boreholes as more homeowners turn to private water sources, with non-compliance risking serious legal and financial consequences.

South Africans are drilling boreholes at a pace not seen in years as households seek alternatives to unreliable municipal supply, rising tariffs, and infrastructure failures.

However, Van Deventer Dowlath & Marx Incorporated’s director, Cor van Deventer, warned that many homeowners are doing so without meeting the legal requirements.

In some cases, South Africans may even be doing so without realising they’re breaking the law. According to van Deventer, the surge in private boreholes has created a growing compliance gap.

This is evidenced by municipalities tightening enforcement and recent incidents with serious legal and financial consequences.

“There’s a perception that if you own the land, you can drill wherever you want,” he said. “But that’s not how the law works.”

“Groundwater is a national resource, and both the National Water Act and municipal bylaws set out clear obligations. Homeowners are often unaware of these requirements, which is where the risk lies.”

In February 2025, van Deventer said an illegally drilled borehole above a section of the Gautrain tunnel in Killarney caused structural damage and triggered legal action.

“The driller had not obtained the required permissions, had not checked for servitudes, and they had drilled in a restricted zone.”

“The incident triggered soil and water seepage, which led to the suspension of services between Park and Rosebank stations, and repairs estimated at over R1 million.”

While the property owner bore the primary responsibility, the Gautrain Management Agency confirmed that it would pursue legal action against both the owners and, potentially, the contractors involved in the incident.

Property owners face mounting liability over illegal boreholes

When drilling interferes with an underground infrastructure – whether it’s a tunnel, a sewer line, a fibre route or a stormwater system – the liability can be enormous, van Deventer warned.

Increasingly, municipalities and service providers are taking action where negligence on the part of the property owner is involved.

While the National Water Act governs groundwater use nationally, the practical rules that homeowners have to follow are set out in municipal bylaws, which differ across the country.

However, in most cases, van Deventer noted that municipal permission or registration is compulsory. Some examples include:

• City of Cape Town: A 14‑day notification is required before drilling begins.
• City of Johannesburg: Written consent is required, and drilling may be restricted in areas with dolomitic ground or sensitive infrastructure. (Since October 2025, the City of Johannesburg has introduced a new digital application process that requires specific comments from engineering and environmental departments.)
• Tshwane, eThekwini and Nelson Mandela Bay: Registration of the borehole is compulsory once drilling is complete.

Many homeowners skip this step because they assume that the driller will handle it, but the legal responsibility sits with the property owner.

“Yes, a driller can assist with the process, but it’s the homeowner’s legal obligation to obtain permission,” van Deventer cautioned.

Boreholes can save homeowners thousands – but risks remain high

A domestic borehole used for household purposes generally falls under Schedule 1 of the Act, meaning no water‑use licence is required.

However, a licence is required if the water is used for commercial irrigation, industrial processes, supplying multiple dwellings, or any use that exceeds Schedule 1 limits.

Van Deventer explained that the South African National Standards (SANS) set out requirements for the following actions:

• casing,
• sealing,
• pump installation,
• protection of the aquifer, and
• safe distances from boundaries and structures – because non‑compliant boreholes can contaminate groundwater or cause structural issues.

Drilling too close to sewer lines, stormwater systems, fibre routes, electricity cables, or transport tunnels can result in damage and significant liability, he warned, which is where many disputes arise.

“Homeowners often don’t know what lies beneath their properties. A reputable driller will check for servitudes, but the owner has to ensure this is done. If drilling damages infrastructure, both parties can face claims.”

While legal compliance is mandatory, van Deventer noted that health and financial factors are also driving the change.

“A lot of people don’t realise that in urban areas, failing sewer lines can contaminate groundwater. A borehole isn’t a ‘set and forget’ system. It requires annual testing to ensure that it’s safe for your family.”

Financially, he explained that the shift also makes sense, especially since 2026 municipal water tariffs are hitting record highs.

This means that a compliant borehole system can save a household over R30,000 annually, paying for itself in roughly five years while adding up to 15% to the property’s resale value.

Illegal boreholes could derail property sales and bond approvals

While it may be tempting to drill a borehole, van Deventer warned that the homeowner carries primary responsibility. “The law places the main obligation on the property owner.”

They must ensure that permission was obtained, the borehole was registered, drilling complied with bylaws, SANS standards were followed, and the installation does not interfere with servitudes.

If a borehole is drilled illegally, he cautioned that municipalities will pursue the owner first, but drillers could also be held liable for negligence. A driller could face liability if they:

• failed to check for servitudes,
• ignored municipal requirements,
• drilled in a prohibited zone,
• caused damage to infrastructure, or
• did not warn the homeowner of legal obligations.

The result could be that the liability is shared, van Deventer said. “In many cases, both parties carry some responsibility.”

“The homeowner didn’t get permission, and the driller didn’t take reasonable steps to avoid risk. That’s why proper documentation and compliance are essential.”

Van Deventer added that as boreholes become more common, they’re increasingly affecting how property sales are conducted.

In the first place, some banks insist on a borehole certificate, water‑quality test results, or proof of municipal registration before approving a bond.

On the side of the seller, an unregistered or non‑compliant borehole can lead to transfer delays, disputes between buyers and sellers, claims of misrepresentation, or renegotiation of the purchase price.

On the buyer’s side, van Deventer warned that, while it is easy to assume that a borehole is an asset, it can actually become a liability if illegally installed. “A borehole can add value to a property – but only if it’s compliant.

“Buyers, therefore, need to ask for the paperwork up front. And if the borehole isn’t registered or doesn’t meet standards, they need to know that before they sign.”

With water insecurity unlikely to ease, van Deventer said he expects that demand for private boreholes will only continue to escalate.

However, while the legal framework is clear, public awareness is not. To remain compliant, van Deventer urged homeowners to:

• Notify/apply to their municipality before drilling,
• Use a reputable driller who follows SANS standards,
• Check for servitudes and underground services,
• Register the borehole once complete,
• Test water quality, and
• Keep all documentation for future property transfers.

“Most homeowners want to do the right thing, it’s just that they don’t know what the law requires. Upfront compliance is the answer to preventing costly disputes down the line.”