Where an encroachment (whether below, above or at ground level) has the effect that a part of a building (excluding part of a section) encroaches over a public road/place, it is a requirement that the Local Authority condones the encroachment.
This letter of consent by the Local Authority will be presented to the Surveyor General's Office when approval of the plan is sought.
The letter of consent by the Local Authority will be filled in the records of the Surveyor General's Office and the Surveyor General's Office will make an appropriate indication ("For encroachment: See Condonation Agreement file SGD …") on the block plan of the affected scheme to inform where the letter is filed.
The Deeds Office will no longer require a letter of consent to be filed with the registration of the sectional plan.
The above practice has been laid down in Cape Town Registrar's Circular 5 of 2009 - Allen West Editor of SADJ.