Building Closer Than the Line Allows
A building line is the distance the land use scheme requires you to keep between a structure and each boundary of the erf — one from the street, and one from each side and rear boundary. They exist to preserve light and air between buildings, to keep the streetscape consistent, and to leave room for services and maintenance. A relaxation asks the municipality to reduce one of them for your property. It is a departure, and the most frequently lodged one — which is why it has a page of its own rather than sitting among the others.
The Neighbour's Signature
A relaxation the affected neighbour supports is usually quick and inexpensive. The same relaxation opposed can reach the Tribunal. That difference is worth more than anything else in the file.
When You Need a Relaxation
Most owners discover the building line mid-design, or after something has already been built. In our experience, these are the four situations that call for a relaxation.
The extension will not fit
An addition, a garage or a cottage needs the space the setback occupies, and moving it elsewhere on the erf is not workable.
Something is already over the line
A structure was built inside the setback, often years ago and often without plans. It usually surfaces on a sale or a plan submission.
The erf shape works against you
Corner erven carry two street building lines, and narrow or irregular sites can leave a building envelope too small to use.
Plans have been returned
Building control has rejected the submission because the footprint encroaches. The relaxation is what makes the same drawings approvable.
Speak to the affected neighbour before you lodge anything. Written support turns this into the simplest application in planning; an objection turns it into one of the more frustrating. That conversation is worth having early and in person.
The Relaxations We See Most
Setbacks differ between schemes and between zonings. What holds everywhere is that the boundary affected determines how hard the relaxation is to win.
An extension along the fence
The most commonly granted. Where the neighbour supports it and no window is affected, the case is usually straightforward.
A garage or carport near the road
Harder, because the street building line protects the streetscape and sight lines. Visibility at the access usually decides it.
A cottage or outbuilding
Overlooking into the neighbour’s private garden is the concern. Window placement and screening carry the argument.
Two street building lines
Setbacks from both streets leave a narrow envelope. The secondary street frontage is usually the one worth relaxing.
A structure already built
Approving what exists rather than what is proposed. Longstanding structures with no complaint are the easier version.
What a Relaxation Application Contains
The shortest submission on this list. Most of it is drawings, and the strongest single item costs nothing to obtain.
Adjoining owner consent
Written support from the neighbour whose boundary is affected. Not always required, and always worth having — it is the difference between a fortnight and a year.
Site plan showing the encroachment
The erf, the building lines, and the structure measured against them. The relaxation sought is shown as a dimension, not described in prose.
The motivation
Why the setback can be reduced without undermining what it protects: light, air, streetscape, privacy and access for services.
Elevations and sections
What the structure will look like from the affected boundary, and where its windows fall in relation to the neighbouring property.
Existing approved plans
What the municipality already holds for the property, which establishes what is lawful now and what the application is adding.
Title deed and authority
A recent title deed showing any registered building line condition, and authority for us to lodge and act.
A building line can also be registered against the title deed, separately from the one the scheme imposes. Relaxing the scheme’s setback does not touch it — and a relaxation granted against a title condition that survives leaves you no better off than before.
How a Relaxation Moves
The shortest statutory period of any land use application. Where the neighbour supports it, phase three is where most of the time is saved.
Assessment
What the scheme requires on each boundary, what the title deed adds, and how far the structure encroaches.
Consent
The affected neighbour is approached for written support. This happens before lodgement, not after an objection arrives.
Lodgement
Drawings, motivation and consents are submitted. Where notice is required, the statutory period runs from the close of the administrative phase.
Decision
Granted, granted in part, or refused. A partial grant might allow the side boundary and refuse the street.
Building plans
Plans are lodged or resubmitted against the relaxed setback. The relaxation delivers nothing until they are approved.
| Relaxation | Typical duration | Decided by |
|---|---|---|
| Neighbour consents | 2–3 months | Authorised official |
| Neighbour objects | 6–12 months | Municipal Planning Tribunal |
| Statutory decision period | 30 days after the administrative phase | Prescribed by the by-law |
What a Relaxation Costs
The least expensive application we lodge, provided the neighbour is on side. Four things move the figure.
Whether the neighbour objects
By a distance the largest variable. A supported relaxation is a short submission; an opposed one means a Tribunal hearing and expert evidence.
How many boundaries
One side boundary is straightforward. A corner erf needing both street lines relaxed is two arguments, two affected parties and two sets of drawings.
Whether drawings exist
Where an architect has already produced plans, the application builds on them. Where nothing has been drawn, the site plan and elevations come first.
Title deed conditions
A building line registered against the title is a separate application. Relaxing the scheme setback alone leaves it in place.
Set it against the alternative. Redesigning an extension to fit inside the setback, or losing the garage entirely, usually costs more than the application does — and where a structure is already built, the comparison is with demolishing it. That calculation is worth running before you decide either way.
Related Applications
A relaxation is usually one step in a small project. These four are the applications most often needed alongside it, before it, or straight after.
Removal of Restrictive Conditions
Where a building line is registered against the title deed as well as imposed by the scheme, relaxing one leaves the other in place.
Removal of Restrictive Conditions >Departures and Permissions
Where coverage, height or floor area also need to move, those departures are lodged with the setback as one application.
Departures and Permissions >Contravention Notices
Where the municipality has served notice on a structure already inside the setback, the relaxation is the route to regularising it.
Contravention Notices >Building Plans Preparation
The drawings the relaxation is argued on, and the plans that follow it. Our architects prepare both against the same set of parameters.
Building Plans Preparation >Building Line Questions
What homeowners, architects and builders ask us most often about setbacks.
Question not answered here?
Send us the erf number and the boundary you need to build over.
Not as a legal requirement — the municipality decides, not the neighbour. But their written support is the single most useful thing in the file, and their objection is the single most expensive. A relaxation the adjoining owner supports is usually decided by an official in a couple of months; the same relaxation opposed can take a year and end up before the Tribunal. Ask before you lodge, and ask in person.
It depends on your zoning and the boundary. Land use schemes set a separate building line for the street, the sides and the rear, and the figures differ between zonings and between municipalities — so the setback on a Residential 1 erf in Johannesburg is not necessarily the one that applies to your property. The zoning certificate names the zoning; the scheme sets out what that zoning requires. We check both before advising, because building to a figure someone quoted at a braai is how structures end up over the line.
It can usually be regularised, and the sooner the better. The application is the same one, but it asks the municipality to approve what exists rather than what is proposed — which is a harder argument, because the structure is a fact rather than a proposal. Where it has stood for years without complaint and the neighbour is content, the case is generally straightforward. Where a complaint has already produced a contravention notice, the clock is running and the application should be lodged rather than deferred.
Usually not for the wall itself. Boundary walls are generally dealt with under the scheme's own provisions on walls and fences rather than the building line, and height is the parameter that matters rather than setback. Structures attached to the wall are a different matter — a carport, storeroom or covered patio built against a boundary is a building, and the setback applies to it. Where you are unsure which you have, the test is whether the structure is roofed.
Because both frontages are streets, and the street building line applies to each. It is the most restrictive erf shape in a suburban scheme — two large setbacks plus a rear and one side leave a building envelope substantially smaller than a mid-block erf of the same size. Most schemes distinguish a primary and a secondary frontage, and the secondary one is usually where a relaxation is worth seeking. That is where we would start.
An approved relaxation is a positive on a sale — it makes lawful what would otherwise be a defect, and conveyancers and banks ask about exactly this. An unapproved encroachment is the opposite: it can stall a transfer while the buyer's attorney seeks comfort, and it is a poor thing to discover with a deadline running. If you know something on the property sits inside a setback, resolving it before you go to market is materially easier than during.
The by-law requires the municipality to decide within 30 days of the administrative phase closing — the shortest period prescribed for any land use application. Allowing for compilation, any notice required, and the municipality's actual turnaround, a supported relaxation in Johannesburg typically runs two to three months. An opposed one that goes to the Tribunal runs considerably longer.
Speak to a Planner
Send us the erf number and the boundary you need to build over. We will tell you what the setback is, how far you would be encroaching, and whether the relaxation is one worth applying for. Initial consultations carry no obligation.
35 Fricker Road, Illovo, Sandton · Building line relaxations across the Gauteng City-Region.