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RUYTEPLAATS HOME OWNERS ASSOCIATION - Plusto · Page 4 of 13 Glossary “By-Law”, City of Cape Town Municipal Planning By-Laws “NBR” means the National Building Regulations

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Definitions and categories of proposed construction activity Construction projects on the estate can be classified in 4 major categories and will be referred to as such in this document: The classification of which category a proposed building / alteration falls under, will be determined by the consulting architect and /or the relevant trustees upon receipt of a written submission including a sketch of the proposed works or submission plan by the home owner. The decision by the consulting architect and/or trustees shall be final. I. MAINTENANCE, REPAIRS AND MINOR ADDITIONS:

General maintenance and repair work

Minor service additions such as installations of Solar Geysers, Photovoltaic cells, additions if pools and pump houses, installation of awnings, pergolas, balcony enclosures or items of similar nature.

Repairs and material replacements, such as roof repairs, timber re-conditioning, re-tiling, re-painting, new window installations in existing openings, changes to driveways, gates, doors, car ports, etc. all relating to and forming part of the existing house.

Landscaping changes or additions such as minor retaining walls, gates, gabions, ponds, fences, hedges, gazebos, build podia, timber decks, non-structural slabs for paving, paving or stepping stones etc relating to and forming part of the existing garden of a house.

Items referred to as “minor building works” as defined in the National Building Regulations SANS 10400

A REFUNDBLE VERGE DEPOSIT AS SET OUT IN THE “BUILDING CONTRACT & REGULATIONS GOVERNING BUILDING CONTRACTOR AND BUILDING ACTIVITIES” WILL APPLY TO WORK WITHIN THIS CATEGORY.

II. MINOR BUILDING ALTERATIONS AND ADDITIONS:

Changes and/or additions are planned for an existing house, which affect no more than 15% of the building’s floor area.

Renovations and/or additions involving changes of full-height (˃2100mm) internal walls, external walls and wall openings or existing structural floor slabs.

Changes to the roof slabs and/or roof structures not exceeding 10% of the existing roof area.

Additions of external walls on new foundations, new structural floor slabs, new balconies and/or structural elements for new patios, structural beams or columns.

Excavations or filling of the natural ground level exceeding 1m height difference from the existing level.

Any work deemed by the local authority and/or the national building regulations to require formal plan submission for approval by the local authority.

A REFUNDABLE BUILDING DEPOSIT AS SET OUT IN THE “BUILDING CONTRACT & REGULATIONS GOVERNING BUILDING CONTRACTOR AND BUILDING ACTIVITIES” WILL APPLY TO ALL WORK WITHIN THIS CATEGORY

III. MAJOR BUILDING ALTERATIONS

Building renovations and/or additions exceeding 15% of the original building’s floor area.

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Changes or alterations to the roof structures and/or finishes of the roof exceeding 10% of the existing roof area.

Major structural additions on the exterior of the building, such as extensive structural changes to the existing driveway, external lift shafts, patios, external stairways, bridges, gangways, clip-on balcony structures or similar.

Large structural decks varying from the natural ground level by more than 1,5m in height.

Excavations or filling of the natural ground level exceeding 1,5m height difference from the existing level.

A REFUNDABLE BUILDING DEPOSIT AS SET OUT IN THE “BUILDING CONTRACT & REGULATIONS GOVERNING BUILDING CONTRACTOR AND BUILDING ACTIVITIES” WILL PPLY TO ALL WORK WITHIN THIS CATEGORY.

IV. DEMOLITIONS AND REBUILDS

Demolitions of more than 30% of the footprint of the existing house.

Demolitions of more than 30% of the combined external wall area of the existing house.

Complete demolitions of the existing buildings, foundations and/or other site structures like driveways.

Building of a new house on the site after demolitions.

Changes and additions to an existing house which would significantly deviate from the original footprint and envelope of the existing house.

A REFUNDABLE BUILDING DEPOSIT AS SET OUT IN THE “BUILDNG CONTRACT & REGULATIONS GOVERNING BUILDING CONTRACTOR ACTIVITIES” WILL APPLY TO ALL WORK WITHIN THIS CATEGORY.

DISCLAIMER This document is primarily aimed at guiding building work and the preparation of building plans so that these activities and products meet the agreed requirements of the Ruyteplaats Home Owners Association. The document is intended as supplementary to other legal documents relating to National, Provincial and Municipal regulations. Definitions contained in the design manual, which are the same as those in any of the documents listed below, (e.g. “floor area” or “height”) do not alter or diminish the definitions in such documents. The local authority endorses and approves this design manual on the basis that it does not take precedence over the following documents:

The City of Cape Town Municipal Planning By-Law including the Development Management Scheme;

The National Building Regulations;

Title deeds, including any conditions set out therein

Provisions of the Ruyteplaats Home Owners Association Constitution;

Approved conditions of an applicable land use application which is in force including rezoning or subdivision approval conditions for the entire estate or a component phase or portion; and

Any other approved Local Authority requirement relating to any other matter including for example engineering, storm water management or health.

Should there be a dispute in this regard, the decision of the local authority is final.

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Glossary “By-Law”, City of Cape Town Municipal Planning By-Laws “NBR” means the National Building Regulations. “Owner’s Association” means the By-Law definition. “Second dwelling” has the same meaning as in the City of Cape Town Municipal Planning By-Law definition. “Local Authority” means the City of Cape Town “Development Management Scheme” refers to the provisions in Schedule 3 of the By-Law. “floor area”, in relation to a building or a storey thereof, means the total area enclosed within its external walls, exclusive of the area occupied by any lift shaft. (Not necessarily the same as in the DMS). “structural’ means relating to or forming part of any structural system. “footprint” means the 2-dimensional contour of a house on the site, excluding roof overhangs, pergolas etc. beyond the external walls. “envelope” means the 3-dimensional contour of a building.

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The following table details the requirements relating to both plan applications as well as procedures governing the different type of building activities on the estate which are defined and detailed in the “Building contract & regulations governing building contractor and building activities”. This document is available from the estate management as detailed above.

Building Category

I Maintenance and

Repairs

II Minor Alterations

and Additions

III Major Building

Alterations

IV Demolitions and

Rebuilds

Sketch Description of Proposed Work

Materials, etc, listed and A4 brush-out of colours to be supplied to the office

Verge Deposit to be Paid

Building Deposit to be Paid

Comprehensive architectural plan of proposed alterations submitted to

HOA for approval

Plan submission to local authority for final approval by Council

Land surveyor to place and mark boundary pegs on affected

boundaries Possible Requirement

Building program to be submitted for allocation of maximum building period

Site closed off with protective perimeter fence

Possible Requirement

Environmental officer to be appointed monitoring environmental impact

during project

Monthly penalty levy charged for overruns on completion time

Final sign-off by trustees / consulting architect for deposit refund

Concurrent running projects in close proximity may have additional

limitations imposed by the HOA

Possible Requirement

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1. PLAN APPROVAL 1.1 The Ruyteplaats Home Owners Association uses these architectural

design guidelines when scrutinising plans submitted by owners. These guidelines have changed in the past and will change in the future to ensure that the key objectives are met. In the past mistakes have been made and exceptions to the current version of the guidelines have been permitted, some of which have detracted from the overall environment of the estate. Therefore the HOA trustees review these guidelines from time to time to ensure compliance and a balance in the styles of houses on the estate. The fact that a certain building or structure on the estate does not fully comply with the current guidelines must not be taken as precedence and the HOA trustees and their consultant architects will not take into consideration such historic deviations when assessing plans. Amendments to the Design Manual will be tabled for internal approval at an HOA Annual General Meeting or a Special General Meeting, where after it will be submitted to the local authority for final approval.

1.2 No building may be erected or altered without written approval by the

HOA trustees. This also applies to any internal changes and amendments to existing buildings, where such work entails removing or changing walls, windows, changes to the plumbing or storm water installations, floor finishes, ceilings, roofs etc. Exact details of the permissions and requirements for submission to the HOA for approval for such projects are defined in the “Building contract & regulations governing building contractor and building activities”. This document is available from the estate management as detailed above and does not form part of this design manual.

1.3 All plans for construction of, or alternative to, buildings (projects falling

into category II to IV) must be prepared by a registered professional, such as an architect, architectural technologist and/or structural engineer. Sketches of proposed works falling into category I may be drawn up by the home owner or contractor proposing such work.

1.4 Information pertaining to building restrictions for individual erven on

Ruyteplaats Estate is detailed and recorded in the latest HOA trustees approved internal development plan of the estate. A copy of this plan is available from the Consultant Architects or can be viewed at the estate manager’s office. It is advisable that they be contacted before commencement of the design process to ensure all site specific building lines for the properties are taken into account. Some sites have got additional limitations on permissible building heights, beyond the ones set out in this Design Manual. These limitations are also found in the internal development plans, as well as the title deeds of the erven in question.

1.5 Any applicant and plan application shall be subject to the terms and

clauses of the constitution of the Ruyteplaats HOA. 1.6 Plan submission procedures to the HOA

1.6.1 All submission plans shall be submitted to the HOA for their approval first. Submission to the local authority shall be done after having obtained HOA approval.

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1.6.2 The plan submission procedures are detailed in the “Ruyteplaats HOA – Plan submission procedures” document. This document details steps and requirements for plan submissions to the HOA. This document is duly updated by the HOA trustees from time to time, if and when required. This document does not form part of this design manual.

1.7 The HOA, through their consultant architect, shall scrutinise and evaluate plans on the basis of their compliance with this Design Manual. The HOA and its consultant architect shall not make any ruling on any potential or perceived departures from the City of Cape Town Zoning Scheme, National Building Regulations or any other provincial or municipal by-laws or legislation. Consequently, any plan approval by the HOA is related ONLY to the stipulations of the Ruyteplaats Design Manual and shall in no way grant consent to any potential departures from the national, provincial or municipal legislation or by-law. The final plan approval is always subject to the approval of the plans by the Local Authority.

1.8 Upon approval of the submission by the HOA through their consultant architects, all paper and/or digital copies will be stamped approved with the official Ruyteplaats stamp. The stamped approved plans may then be submitted to the Local Authority for final decision.

1.9 No building work may commence before plans are fully approved by the

Local Authority and signing of the “Building contract & regulations governing building contractor and building activities” available from the Ruyteplaats Estate manager.

1.10 Approved plans are further subject to the consulting architect conducting

certain site inspections. The number of compulsory inspections is dependent on the size of the project and is detailed in the Ruyteplaats “Building contract & regulations governing building contractor and building activities”.

1.11 Approved plans are further subject to the owner or its representative, as

well as the appointed contractor to complete and sign the “Building contract & regulations governing building contractor and building activities” before any building activity may be started. All clauses and prescripts of this contract shall prevail and govern the running of the proposed project.

1.12 Should any provisions of this design manual be regarded as contrary to

the National Building Regulations, the National Building Regulations shall override the Design Manual.

1.13 The board of trustees of the HOA may approve waivers of any mandatory

specifications under special circumstances where such waivers are recommended by the consultant architects and are considered justifiable by the board of trustees.

1.14 The maximum development on any Erf is as predetermined by the Local

Authority and may not be exceeded without the written consent of the HOA trustees and the approval of the Local Authority.

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2 THE SITE 2.1 BUILDING LINES 2.1.1 The HOA trustees approved internal development plans indicating buildings and

boundary lines. These controls aim to assist that view lines and sunlight are not overly blocked.

2.1.2 All buildings are to be located within these building lines. In exceptional

circumstances the consulting architect will consider an application for extension over such building lines. Each application will be evaluated on merit, taking into account the siting of buildings on lateral boundaries. The extent to which a building may be located over a building line, closer to the boundary etc shall be at the sole discretion of the consulting architect. Prior development on adjacent erven must be considered. The decision of the consulting architect shall be final.

2.1.3 Further restrictions on building lines may be imposed by the local authority based

on the relevant Zoning Scheme regulations/Development Management Scheme. 2.1.4 Vehicular access to the site might be limited in terms of the internal development

plan. 2.1.5 The minimum distance from the street boundary that any structure is reflected on

the HOA trustees internal development plans and may never be less than three metres.

2.2 COVERAGE 2.2.1 The maximum coverage on erven shall be as specified by the Local Authority and

approved by the Consultant Architect. 2.2.2 The Consultant Architect may waive clause 2.2.1 at their sole discretion, subject

to acceptance by the Local Authority. 2.3 OUTBUILDINGS 2.3.1 Outbuildings comprising servants’ quarters, garages or workshops may be

constructed, subject to approval by the HOA trustees and Local Authority. 2.3.2 The development is zoned single residential. So-called Granny Flats, correctly

referred to as second dwelling units, will be considered on merit. Plan submissions detailing such second dwellings will have to comply with all municipal planning by-laws and will have to be accompanied by a letter stating neighbour’s consent as well as a letter of no objection from the HOA trustees.

2.3.3 Wendy houses, sheds or other temporary structures, other than those required

during the construction phase of a project, are not allowed. All construction-related temporary structures must be removed with the conclusion of the construction activity and prior to the final sign off and refunding of the building deposit.

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2.4 SITE CLEARING AND PLANTING 2.4.1 A number of plant species must be eradicated from an ERF by its owner. The list

of plant species is detailed in the “Ruyteplaats HOA – List of prohibited plant species for the estate” , which may be amended by the trustees from time to time.

2.4.2 Further regulations on the control of invasive plant species as directed by

Municipal, Provincial or National legislation must be noted and adhered to. 2.5 TREE FELLING 2.5.1 No trees having a diameter greater than 100mm, or designated to be preserved,

will be permitted to be removed without the written consent of the HOA trustees. 2.5.2 Any such trees, which are removed from and ERF without authority, must be

replaced with a like-sized specimen at the ERF owner’s cost. 3 BUILDING FORM 3.1 HEIGHT 3.1.1 No building shall exceed two storeys in height above the ground at any point.

Applications for deviations to this rule may, however, be made to the HOA consultant architect and each application will be judged on its merits.

3.1.2 The maximum height of any building shall be 8 metres, measured from the

existing ground level at any point on site, to the mid-pitch level of the pitched roof directly above. Special restrictions on the maximum height from floor to wall plate exist and are detailed in 3.1.4 below.

3.1.3 Where any portion of a building was planned to be within 3 metres from a

boundary, such portion of the building may not exceed 4 metres in height, including the roof.

3.1.4 Some sites have got additional limitations on permissible building heights beyond

the ones set out in this Design Manual. These limitations are also found in the internal development plans as well as the title deeds of the erven in question.

3.2 LEVELS 3.2.1 No structures off the ground floor level of any building (above the ground) on

columns, piers, intermittent walls or such like, will be permitted. 3.2.2 Elevated timber decks may be permitted in certain cases and applications for

such structures shall be considered on merit and the possible impact of such structures on adjacent neighbours.

4 CONSTRUCTION MATERIALS 4.1 ROOFS

4.1.1 Roofs shall be pitched. The pitch of the main roofs shall be between 7.5 and 45

degrees, except for verandas, which may be less.

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4.1.2 Mono-pitched roofs shall have maximum roof pitch of 20 degrees and shall be designed so as to create a maximum height from ground level to wall plate of 9 metres.

4.1.3 Roofs shall be of a material and colour approved by the consulting architect. 4.1.4 Flat roof sections may only be permitted under the following circumstances:

As a link-roof where 2 or more pitched roofs meet or where proposed structures would intersect pitched roofs at an unsightly or impractical angle.

Where such flat roofs present the neatest, least obtrusive solution for minor additions to an existing house (i.e. a scullery extension/extension to an existing bedroom etc) and the size of the flat roof is less than 4 x 5m)

As a roof over a garage or similar, where such roof does not form an actual balcony.

Any flat roofs must be finished off with either gravel or stone pavers or similar, and no exposed waterproofing (such as silver-painted waterproofing) will be permissible.

4.2 Any such link roofs must not be obtrusive and should be designed to blend in with the surrounding pitch roofs and the building style as a whole.

4.3 EXTERNAL WALLS 4.3.1 All external plastered painted walks shall not be white or any other light colour,

but of shades more suited to blending in with the natural forests of Ruyteplaats. Natural stonework and face-brickwork will be acceptable. Generally, colours at least 3 shades from the lightest shade of a colour card will be acceptable. Samples of all of the above must be applied on site for inspection and approved by the consulting architect. The consulting architect’s decision with respect to external finishes will be final.

4.4 SITE WALLS AND FENCES 4.4.1 No prefabricated walling, such as Vibracrete, unplastered blocks, unfinished

concrete, barbed wire or corrugated sheet metal walls will be permitted. 4.4.2 The HOA trustees would like to discourage the erection of site walls on street

frontages or facing internal private open spaces. Applications for deviations to this rule may however be made to the HOA consultant architect and each application will be judged on its merits. No wall or fence with a height of more than 1.8 metres above the ground level will be permitted except where the grund levels force such a fence height in short spaces of such a wall or fence. Such exceptions however must be presented to the consulting architect and the HOA who will consider such a fence for approval on its merits prior to its construction.

4.5 BURGLAR BARS 4.5.1 External burglar bars will not be permitted. Burglar-proof glass (such as PFG’s

Intrudaprufe Glass) is recommended instead of any burglar bars.

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4.6 PLUMBING & EXPOSED CABLES OR DUCTING 4.6.1 Exposed external plumbing will not be permitted on external walls where visible

from public areas on the estate. As far as possible plumbing pipes should be fitted into ducts or contained within the external walls of the building.

4.6.2 Externally visible air-conditioning ducting must be concealed in suitable trunking and painted to blend in with the facade of the building.

5 SITE USE 5.1 CARAVANS AND BOATS & OTHER ITEMS 5.1.1 Caravans may not be used as dwellings 5.1.2 Caravans, boats and other bulky items such as large catering tents, tarpaulins,

crates etc may not be kept on public roads nor may they be kept on private property if visible from the public roadways or other erven.

5.2 LETTERING AND SIGNS 5.2.1 No illuminated signs will be permitted. No lettering on house name signs to be

greater than 180mm high. All signs other than house names to be submitted to the HOA consultant architect for approval.

5.3 LAUNDRY AND REFUSE YARDS 5.3.1 Laundry drying areas and refuse bins must be completely within enclosing walls.

The walls must be high enough to provide the necessary screening from any road or adjacent properties.

5.4 AWNINGS 5.4.1 No awnings other that canvas awnings with a maximum of two colours may be

created without the prior written approval of the HOA trustees. 5.5 TELEVISION AERIALS AND SATELLITE DISHES 5.5.1 Televisions and other aerials or devices may only be fixed out of sight in the roof

space. 5.5.2 Satellite dishes must be mounted out of sight from streets as far as possible. 5.5.3 Externally visible cabling must be concealed in suitable trunking and painted to

blend in with the facade of the building. 5.6 TEMPORARY STRUCTURES 5.6.1 Vegetable tunnels, shacks and plastic covered structures are not permitted. 5.6.2 Any kind of temporary structures require prior approval by the HOA trustees. 5.6.3 Wendy houses, sheds or other temporary structures, other than those required

during the construction phase of a project, are not allowed. All construction-related temporary structures must be removed with the conclusion of the

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construction activity and prior to the final sign off and refunding of the building deposit.

5.7 DRIVEWAYS 5.7.1 All paved driveways leading from the Ruyteplaats road are to be surfaced to

match the Estate roads adjacent thereto, at least up to the Erf boundary. Materials acceptable for driveways are clay brick paving and 100X100mm square concrete cobbles. Samples of driveway finishes are subject to the approval by the consulting architect.

5.7.2 All owners are to provide a 100mm diameter uPVC sleeve under their driveway,

adequately encased in concrete, anywhere between the roadway and their property street boundary. This sleeve is to avoid unnecessary excavations of the driveway during installation of a future sprinkler system for the private open spaces and road verges.

5.7.3 Where driveways cross existing storm water channels, a bridge is to be

constructed by the owner, allowing uninterrupted flow of storm water under such structure. In order to ensure that the impact of such structures be kept to a minimum, all visible building work on bridges must be constructed and / or clad using natural sandstone. Stonework is to match the stone walls on the estate. Barrier walls on bridges may not be narrower than 300mm and should also not exceed 300mm above the finished level of the paving. Details of such structures are to be submitted to the consulting architects for their approval.

5.8 RENEWABLE ENERGY AND WATER SOURCES In the light of the huge demands on energy and water supply systems it is

advised that owners consider using renewable energy and water resources for new and existing homes on Ruyteplaats Estate.

5.8.1 Solar water heating systems will be permitted when such panels are of the flush

type and fixed directly onto the roof, on any side of the building, provided such panels follow the slope of the roof. Integrated Solar systems where the geyser projects above the finished roof level will not be permitted. Separate systems where the solar geyser is concealed in the roof space will be the only type allowed by the HOA. All piping and/or wiring must be concealed behind the roof material or ridging. All solar installations must be indicated on submission plans to the consulting architect for approval.

5.8.2 Solar photovoltaic panels will be permitted when such panels are of the flush type

and fixed directly onto the roof, on any side of the building, provided such panels follow the slope of the roof. Energy from these are generally stored in a battery bank. The batteries must be housed out of sight and preferably in weatherproof storage areas with doors that provide ventilation to the outside of a building. All wiring must be concealed behind the roof material or ridging and may not be visible. Details of all solar photovoltaic installations must be indicated on submission plans to the consulting architect for approval.

5.8.3 Vertical-axis wind turbines may be installed, where such turbines pose no

negative visual or noise impact on the site or to adjacent properties. All wiring must be adequately concealed and/or ducted to blend in with the existing building and/or landscaping. Details of proposed wind turbine installation must be indicated on submission plans to the consulting architect for approval.

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5.9 RAINWATER STORAGE TANKS

The installation of rainwater collection and storage tanks, utilising roof rainwater is encouraged. Underground storage tanks are encouraged, although tanks above ground will also be permitted, provided they are enclosed within a walled area or yard in order to conceal them. The requirement to submit building plans is to be checked prior to construction/installation.

5.10 BIOLOGICAL SPLIT SEWERAGE SYSTEMS

A biological sewerage purification system whereby black and/or grey sewerage effluent is split is encouraged. These systems use biological processes that break down the sewerage and enable it to be used for the irrigation of private gardens. Systems currently approved by the HOA include Biolytix and Lilliput and systems by Hansgrohe. Details of all biological split sewerage system must be indicted on submission plans to the Consultant Architect for approval. The local authority will need to approve the type of system proposed to be installed. ________________________________________________________________ This revised Design Manual (Revision 06) was approved on behalf of the Ruyteplaats Estate Homeowners Association (HOA), by the Ruyteplaats HOA Board of Trustees and was officially adopted at the HOA Annual General meeting held at Hout Bay on the 16th day of March 2016. Duly signed on this 17th day of March 2017 by Elaine Connell /s“Elaine Connell”

(for Ruyteplaats HOA Trustees)

at Ruyteplaats office

(place) Witnesses: Mark Allen /s“Mark Allen”

(Signature witness 1)

Roz Evans /s“Roz Evans”

(Signature witness 2) _______________________________________________________________________________