30/07/2026
OUTA clarifies borehole statement: National water-use registration vs municipal borehole requirements
OUTA’s recent statement regarding household exemptions from registering borehole water use with the Department of Water and Sanitation (DWS), in terms of Schedule 1 of the National Water Act, remains correct. However, this should not be confused with the responsibility of households to obtain the relevant permits or registrations from their municipalities where by-laws require them to do so, as is the case in the City of Johannesburg.
DWS expressly confirmed this distinction in its response to OUTA, and OUTA also addressed it in its original statement.
Municipal by-laws remain applicable and must be observed. These requirements can serve legitimate public-interest purposes. In areas with dolomitic geology, for example, groundwater abstraction requires careful management because of geological instability and sinkhole risks.
Municipal oversight may also be necessary near major infrastructure, including the Gautrain and underground services, and to manage groundwater quality, borehole construction standards, and contamination risks.
OUTA’s message is therefore not that people may drill boreholes wherever they choose or disregard municipal rules. Water remains a finite resource, which is why appropriate regulation and responsible use are essential.
OUTA’s message is that DWS has clarified that most ordinary households whose groundwater use falls within Schedule 1 are not required to register that water use with DWS and will not face the penalties or imprisonment that caused public concern.
Homeowners must nevertheless understand and comply with the municipal by-laws that apply to their properties in their respective municipalities.
OUTA appreciates DWS’s constructive engagement and its decision to provide its interpretation in writing. This is the outcome OUTA sought: clarity for the public, compliance by those legally required to register, and the continued protection of South Africa’s groundwater resources.
To view the original statement, click here: https://www.outa.co.za/blog/newsroom-1/dws-confirms-most-household-borehole-users-do-not-need-to-register-says-outa-1510