29/05/2026
As water insecurity and rising municipal tariffs continue to impact households across South Africa, more property owners are investing in private boreholes.
But while the demand for alternative water sources is growing rapidly, legal compliance is often overlooked.
At Van Deventer Dowlath & Marx, we regularly advise clients on the legal risks associated with borehole drilling, particularly where homeowners assume that ownership of the land automatically gives them unrestricted rights to drill.
In reality, groundwater is regulated under the National Water Act, together with municipal bylaws that differ from city to city. The consequences of failing to comply can be severe.
The Gautrain tunnel incident in Killarney highlighted just how serious those risks can become when an illegally drilled borehole causes structural damage, service disruptions, and repair costs exceeding R1 million. Cases like these demonstrate that liability may extend beyond contractors and directly to the property owner.
Many municipalities require formal notification, consent or registration before and after drilling takes place. In certain areas, additional restrictions apply where underground infrastructure, servitudes or sensitive geological conditions are involved.
One of the most common mistakes homeowners make is assuming the drilling contractor is solely responsible for compliance. However, the legal obligation ultimately rests with the owner to ensure that the correct permissions are obtained, servitudes are identified, SANS standards are followed and surrounding infrastructure is protected.
A borehole can provide long-term value and water security, but it must be approached responsibly. Proper due diligence at the outset can prevent significant financial exposure, infrastructure damage and costly legal disputes later on.
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