As water tariffs continue to rise and concerns around municipal supply reliability intensify, South Africans are drilling private boreholes at a pace not seen in years.
For many property owners, a borehole offers water security, reduced utility costs and increased property value. Yet a growing number of installations are taking place without the necessary legal approvals, exposing property owners to significant financial and legal risks. Homeowners also mistakenly believe that ownership of land automatically gives them the right to drill wherever and whenever they choose. That assumption is increasingly proving costly.
“There is a common misconception that because you own the property, you can simply drill a borehole wherever you like,” Cor van Deventer
Groundwater is not private property
“However, groundwater is a national resource regulated by legislation. Both the National Water Act and municipal bylaws impose specific obligations on property owners, and many people are simply unaware of what is required.” The growing compliance problem has become evident as municipalities tighten enforcement and infrastructure authorities pursue legal action where negligence causes damage.
When things go wrong: The Gautrain Case
One of the most public examples occurred in February 2025 when an illegally drilled borehole above a section of the Gautrain tunnel in Killarney caused structural damage and significant service disruptions.
According to reports, the drilling proceeded without the required approvals, without proper investigation of underground servitudes and within a restricted zone.
The resulting soil instability and water seepage led to the temporary suspension of services between Park and Rosebank stations and repair costs estimated at more than R1 million. The incident highlighted a critical reality: drilling a borehole is not simply another home improvement project.
“When drilling interferes with underground infrastructure such as tunnels, sewer lines, fibre networks or stormwater systems, the liability can be enormous.”
“Municipalities and infrastructure operators are becoming increasingly willing to pursue legal remedies where negligence is involved.”
What does the law require?
While the National Water Act regulates groundwater nationally, the practical requirements homeowners must follow are largely governed by municipal bylaws. These requirements vary from city to city. Examples include:
City of Cape Town - Property owners must submit notification at least 14 days before drilling commences.
City of Johannesburg - Written approval is required before drilling begins. Additional restrictions may apply in dolomitic areas or near critical infrastructure. Since October 2025, Johannesburg has also implemented a digital application process requiring engineering and environmental approvals.
Tshwane, eThekwini and Nelson Mandela Bay - Boreholes must be registered with the municipality once drilling has been completed. Many homeowners incorrectly assume that drilling contractors will handle these requirements.
“The legal responsibility ultimately rests with the property owner. While a contractor may assist, compliance remains the homeowner’s obligation.”
Understanding water use licensing
A domestic borehole used solely for household purposes generally falls under Schedule 1 of the National Water Act and does not require a water-use licence. However, licensing may become necessary where water is used for:
- Commercial irrigation.
- Industrial activities.
- Supplying multiple dwellings.
- Water usage exceeding Schedule 1 limitations.
Property owners should therefore establish how the water will be used before proceeding with installation.
Compliance goes beyond permission
Obtaining approval is only one part of the process. South African National Standards (SANS) prescribe technical requirements relating to:
- Borehole casing.
- Sealing and protection.
- Pump installation.
- Aquifer protection.
- Safe distances from buildings and boundaries.
Failure to comply with these standards can lead to contamination, structural damage and long-term environmental consequences.
Hidden risks beneath your property
One of the most overlooked aspects of borehole installation is the presence of underground infrastructure and servitudes.
Sewer lines, stormwater systems, fibre networks, electrical cables and transport infrastructure may all lie beneath private property. “Many homeowners simply do not know what is underground.”
A reputable driller should investigate servitudes and underground services before work begins, but homeowners must ensure that these checks are completed. If infrastructure is damaged, both the owner and contractor may face liability.
The health factor
Water security should never come at the expense of water quality. It must be noted that failing municipal sewer systems can contaminate groundwater in urban areas, creating serious health risks. A borehole is not a ‘set-and-forget’ solution. Water quality should be tested regularly to ensure it remains safe for household use.
Annual testing is particularly important in built-up urban environments where groundwater contamination risks are elevated.
The financial case for boreholes
While compliance comes with costs, the long-term financial benefits remain compelling. With municipal water tariffs reaching record highs in many municipalities, a compliant borehole installation can significantly reduce household utility expenses.
According to van Deventer, many households could save in excess of R30,000 per year on water costs. Over time, those savings may offset installation expenses while also improving the property’s marketability.
A compliant borehole can potentially increase a property’s resale value by as much as 15%.
Who is liable when something goes wrong?
The short answer is: the property owner. The law places primary responsibility on the owner. Property owners must ensure:
- Municipal approvals were obtained.
- Registration requirements were met.
- SANS standards were followed.
- No servitudes were infringed.
- Infrastructure was not damaged.
However, drilling contractors may also face liability where negligence can be demonstrated. This may occur where a contractor:
- Fails to investigate servitudes.
- Ignores municipal requirements.
- Drills in restricted areas.
- Causes avoidable infrastructure damage.
- Fails to advise the homeowner regarding legal obligations.
In many situations, liability may ultimately be shared between both parties.
Boreholes and property transfers
As boreholes become increasingly common, they are also becoming a key consideration during property transactions.
Banks may request documentation such as:
- Borehole certificates.
- Water quality reports.
- Municipal registration confirmation.
This could be requested before approving home loans.
Sellers must disclose boreholes
An unregistered or non-compliant borehole can delay transfer, trigger disputes and potentially result in claims of misrepresentation.
Buyers should demand proof
Buyers often view boreholes as valuable assets, but an illegally installed borehole may become a significant liability.
A borehole adds value only when it is compliant. Buyers should insist on seeing all supporting documentation before signing an offer to purchase.
A growing need for awareness
With water security concerns unlikely to disappear anytime soon, demand for private water solutions is expected to continue growing.
Yet the biggest challenge may not be the law itself, it is awareness. “Most homeowners want to comply.”
The problem is that many simply do not know what is required. Taking the correct steps upfront is far less expensive than dealing with disputes, penalties or legal claims later.
Borehole Compliance Checklist
Before drilling, homeowners should:
- Notify or obtain approval from the municipality.
- Appoint a reputable and experienced drilling contractor.
- Confirm compliance with SANS standards.
- Investigate underground services and servitudes.
- Register the borehole where required.
- Conduct water quality testing.
Keep all documentation for future property transactions. For homeowners seeking water independence, the message is simple: drill responsibly, comply fully and protect your investment.
About the author
Cor van Deventer is a Director at Van Deventer Dowlath & Marx Incorporated (VDM Attorneys), and an admitted Attorney of the High Court of South Africa, Notary Public and Conveyancer. He advises leading developers, financial institutions, investors and property professionals on property law, conveyancing, development and commercial property matters.
Website: www.vdm.law
Email: cor@vdm.law
Tel: +27 11 394 1606
