MAIN IMAGE: Cor van Deventer – director at Van Deventer Dowlath & Marx Incorporated
Van Deventer Dowlath & Marx Incorporated
South Africans are drilling boreholes at a pace not seen in years as households look for alternatives to an unreliable municipal supply amid rising tariffs and infrastructure failures.
But warns legal expert Cor van Deventer, many homeowners are doing so without meeting the legal requirements – and in some cases without realising they’re breaking the law.
Van Deventer, director at law firm Van Deventer Dowlath & Marx Incorporated, says the surge in private boreholes has created a growing compliance gap, 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 says. “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 says 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, andthey 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.”
As a result, he adds, while the property owner bore the primary responsibility, the Gautrain Management Agency confirmed it would pursue legal action against both the owners and, potentially, the contractors involved in the 2025 incident.
Boreholes are not a “simple home improvement”
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, he stresses, with municipalities and service providers increasingly taking action where negligence is involved.
What the law actually requires
While the National Water Act governs groundwater use nationally, van Deventer points out, the practical rules that homeowners have to follow are set out in municipal bylaws, which differ across the country. But in most cases, municipal permission or registration is compulsory.
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, he continues, 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.”
Groundwater use is regulated under the National Water Act
A domestic borehole used for household purposes generally falls under Schedule 1 of the Act, meaning no water‑use licence is required, van Deventer continues, but 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.
Boreholes must comply with SANS construction standards
Van Deventer says South African National Standards (SANS) set out requirements for:
- 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.
Servitudes and underground infrastructure must be checked
Drilling too close to sewer lines, stormwater systems, fibre routes, electricity cables, or transport tunnels can result in damage and significant liability, he says, 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.”
The health and wealth factors
While legal compliance is mandatory, van Deventer notes 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 says the shift also makes sense. “With 2026 municipal water tariffs hitting record highs, 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.”
Who carries liability when things go wrong?
The homeowner carries primary responsibility, he emphasises. “The law places the main obligation on the property owner, who 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 warns that municipalities will pursue the owner first, but that drillers could be held liable for negligence, too.
According to van Deventer, 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 is that the liability could end up being shared, he cautions.
“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.”
Boreholes and property transfers: what buyers and sellers need to know
Van Deventer says that as boreholes become more common, they’re increasingly affecting property sales:
1. Banks may require documentation
Some banks insist on a borehole certificate, water‑quality test results, or proof of municipal registration before approving a bond.
2. Sellers must disclose boreholes
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.
3. Buyers should ask for proof of compliance
While buyers often assume a borehole is an asset, van Deventer warns that it can become a liability if installed illegally.
“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.”
A growing need for clarity
With water insecurity unlikely to ease, van Deventer expects demand for private boreholes to escalate. But while the legal framework is clear, he says public awareness is not.
“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.”
Van Deventer’s checklist for homeowners includes:
- Notifying/applying to their municipality before drilling,
- using a reputable driller who follows SANS standards,
- checking for servitudes and underground services,
- registering the borehole once complete,
- testing water quality, and
- keeping all documentation for future property transfers.
