South Africans are drilling boreholes at a pace not seen in years as households look for alternatives to unreliable municipal supply, rising tariffs and infrastructure failures, but many homeowners are doing so without meeting the legal requirements – and in some cases, without realising they are breaking the law.
This is according to law expert Cor van Deventer, director at law firm Van Deventer Dowlath & Marx Incorporated. He 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. 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 last year, 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.
Van Deventer explains that while the property owner carried the primary responsibility, the Gautrain Management Agency confirmed that it would pursue legal action against both the owner and potentially the contractors involved in the incident.
When drilling interferes with 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.
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. But in most cases, municipal permission or registration is compulsory, Van Deventer points out.
The City of Cape Town requires a 14‑day notification before drilling begins, while the City of Johannesburg requires written consent, and drilling may be restricted in areas with dolomitic ground or sensitive infrastructure. In Tshwane, eThekwini and Nelson Mandela Bay, registration of the borehole is compulsory once drilling is complete.
Van Deventer says many homeowners skip this step because they assume that the driller will handle it. But he warns that it is also the homeowner’s legal obligation to obtain permission.
A domestic borehole used for household purposes generally requires no water‑use licence, but a licence is required if the water is used for, among others, commercial irrigation, industrial processes, and supplying multiple dwellings.
Drilling too close to sewer lines, stormwater systems, fibre routes, electricity cables, or transport tunnels can result in damage and significant liability, Van Deventer 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”.
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”.
He further warns that the homeowner carries primary responsibility if things go wrong. “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, that South African National Standards (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. Upfront compliance is the answer to preventing costly disputes down the line.
