ARCHITECTURAL & BUILDING
Regulations, Procedures and
BUILDING AND ARCHITECTURAL GUIDELINES
These guidelines set out for prospective homeowners, builders and developers, are the design criteria they will have to comply with if they wish to build at BUFFELSKLOOF ECO RESERVE.
The guidelines have been developed to preserve, protect and maintain the unique environmental and physical attributes of BUFFELSKLOOF ECO RESERVE rather than to hamper the development. The existing farmhouses and other structures are excluded from these rules.
HOME OWNERS' ASSOCIATION
The function of the Home Owners' Association is to ensure that the character and quality of BUFFELSKLOOF ECO RESERVE is maintained, thereby protecting the value of individual homes as well as the environment. Development must conform to the fundamental intention of establishing an environment that is in harmony with the nature and surrounding the property. It is not the intention to unreasonably restrict building design. The Architectural Guidelines are a condition of the Agreement of Sale and will be enforced by the Home Owners' Association. The Home Owners' Association shall in addition to any other remedy, be entitled to impose fines in respect of approved building plan deviations. The Home Owners' Association reserves the right to alter or amend the Architectural Guidelines.
A. TOWN PLANNING CONTROLS
The restrictions/guidelines set out below are in addition to any restrictions imposed in terms of conditions of title, town planning schemes or national or any other building regulation. Notwithstanding any plans or improvements might comply with any such restrictions imposed by any authority, the approval of any plans or improvements within BUFFELSKLOOF ECO RESERVE shall be at the sole discretion of the Home Owners' Association, which shall not be unreasonably withheld. Similarly, compliance with restrictions imposed by the Home Owners' Association shall under no circumstances absolve the resident from the need to comply with restrictions imposed by any authority nor shall Home Owners' Association's approval be construed as permitting any contravention of restrictions imposed by any authority having legal jurisdiction.
The architectural style of the house will be considered in conjunction with that of other houses in the area, as well as aesthetic appearance and the proposed placing of the building, and such other factors as the Home Owners' Association in its entire discretion may deem appropriate.
Every effort will be made to ensure that high standards are observed by all stand owners. However, the right to final approval of building plans ultimately vests in the Local Authority and no assurance can be given to individual owners that such standards will be adopted throughout the development.
TIME LIMIT FOR CONSTRUCTION
The construction of improvements should be concluded within 3 (THREE) years from date of registration of transfer of
first ownership. In order to reduce inconvenience to neighbours and to prevent unsightliness, construction should proceed without lengthy interruptions, and should in any event be completed within one year from commencement. Phased design should be handled in such a way that the end of each phase should be aesthetically acceptable to the Home Owners' Association. Any deviation from the above time limits will be subject to penalties calculated on a daily basis according to tariffs determined by the Home Owners' Association.
B. ARCHITECTURAL GUIDELINES:
The Architectural Sub-Committee in conjunction with the Eco-Reserve architect must approve all plans including positioning on the stand prior to any part of the environment being disturbed.
The natural environment will be left untouched except for that area designated by the Home Owners' Association for the erection of the buildings on the stand and garden purposes not exceeding 600 square metres. Even on this area the environment must be disturbed as little as possible.
The purpose hereof is to impose as little as possible on the natural habitat of the game and create the feeling of "being in the bush" as opposed to city living.
No trees, bush, grass or any natural growth and/or features will be disturbed or removed without written approval of the Home Owners' Association as this also serves as natural screening of buildings from the roads and buildings on adjacent stands.
CLICK HERE FOR ARCHITECTURAL GUIDELINES
24. SWIMMING POOLS:
24.1. The design of the swimming pool will be such that any wild animal falling into the pool will be able to easily climb out of the pool.
24.2. No swimming pool water may be pumped or backwashed onto the surface but must be deposited in a drainage system prescribed by the Home Owners' Association.
C. PROCEDURE FOR THE APPROVAL OF BUILDING PLANS:
1. Conceptual designs and sketch plans together with site plans must be submitted to the Home Owners' Association, for the consideration and approval. Only plans drawn by an Architect registered with the SA Architect Board will be allowed. Two copies of each plan must be submitted. The designer may be requested to personally address the Home Owners' Association on specific queries. Sketch plans will be approved or rejected within 7 (seven) days.
2. Working drawings in compliance with the approved sketch plans, together with R 2 500 (TWO THOUSAND FIVE HUNDRED RAND) approval fee, are to be submitted to the Home Owners' Association for approval prior to being submitted to the Local Authority for approval. Note that the Local Authority will not accept plans that do not bear the Home Owners' Association stamp of approval.
All building plans submitted must show contours of at least 500 (five hundred) millimeter intervals and indigenous trees and rock formations should be indicated.
3. A deposit of R10 000,00 (TEN THOUSAND RAND) must be paid to the Home Owners' Association before construction commences. This amount will be held in trust (free of interest) by the Home Owners' Association until completion of the buildings and improvements has been achieved. This deposit will be used to pay for the removal of any rubble or to make good any damages caused by the builder, e.g. curbing, landscaping, services, etc. or in lieu of penalties caused by transgression of these rules and other rules by the owner or his contractor.
4. No construction will be allowed to commence before the Home Owners' Association has granted the approval of the working drawings in writing, and the builder's deposit has been received. One copy of the original sketch submitted, together with one coloured copy of the final submission, must be submitted to the Home Owners' Association, which will be kept for record purposes. Perspective drawings and photos may be requested.
D. ALTERATIONS OR ADDITIONS:
The same design criteria and rules will apply as set out herein.
The Home Owner's Association will be entitled to claim penalties from the owner or contractor in their absolute and sole discretion if any breach of these rules caused damage to or jeopardizes the fauna and flora or security of the farm.
The Home Owner's Association, the representative of the residents of BUFFELSKLOOF ECO RESERVE, have adopted certain rules relating to building contractor activity in the development. The primary intention of the provisions hereunder is to ensure that all building activity will occur with the least possible disruption to residents, the environment and game. In the event of uncertainty, residents and/or their contractors should contact the Home Owners' Association.
A. LEGAL STATUS:
The conditions governing building activities, which are set out in this document, are rules adopted by the Home Owner's Association and are therefore binding on all residents, their professionals, contractors and sub-contractors in any building contract concluded in respect of the property in the township and all such contracts may be required to be submitted to the Home Owners' Association for prior approval. The Home Owners' Association has the right to suspend any building activity in contravention of any of the conditions and to refuse access to the contractor or other workers and the Home Owners' Association accepts no liability whatsoever for any losses sustained by a resident as result thereof.
B. CONDITIONS REGARDING BUILDING CONTRACTOR ACTIVITY:
1. Contractor activity is only allowed during the following public hours:
06h00 - 18h00 Normal weekdays.
Note: No contractor activity is permitted on weekends and Public Holidays without special permission, as these days are viewed as private time. Special applications for contractor activity during private time must be lodged with the Home Owners' Association, together with the approval of all adjacent neighbours one week prior to the required private time activity.
2. All the contractor's workers and/or the contractors' sub-contractor workers must comply with security arrangements and is subject to these rules. The owner must ensure that this is done.
3. The site is to be kept as clean and neat as possible, the contractor shall provide facilities for rubbish disposal, ensure that the workers use the facility provided and ensure that the rubbish is removed weekly and not burnt on site. During the construction period the area designated by the Home Owners' Association for building purposes must be screened on all boundaries thereof by hessian cloth or other screening material approved by the Home Owners' Association.
4. All material should be off-loaded within the screened area and the contractor will ensure that this is done.
5. Deliveries from suppliers must be scheduled during the times in Clause 1 above.
6. The contractor must provide toilet facilities for the workers.
7. No building boards may be erected.
8. Access from the road to the building area will be gained only along the route that will finally serve as the access road to the dwelling so as to cause as little as possible damage to the environment. The contractor and owner will ensure that this is adhered to.
9. The owner and the contractor shall be responsible for damage to roads and plants and/or damage to private or estate property.
10. If the conduct of the Contractor and/or sub-contractor causes any concern to the Home Owner's Association, the Home Owners' Association may rectify as deemed necessary and/or reserve the right to suspend building activity until such undesirable conduct is rectified. The Home Owner's Association is empowered to act at any time and without notice, and without recourse from the owner and/or contractor and/or subcontractor.
11. The above document is fully understood and the contractor and owner undertake to comply with the above points, in addition to any further controls which may be instituted by the Home Owners' Association from time to time in the form of a written notification, and ensure compliance by any subcontractor employed by the contractor.
12. All Contractors and Professional people involved in the individual home owners developing the properties e.g. Architects, Engineers, Landscaping Architects or Land Surveyors but not limited to the aforementioned categories all have to be approved by the Home Owners' Association.
13. No fauna or flora may be damaged or removed.
14. The contractor and his sub-contractors and his suppliers will follow the route to the stand prescribed by the Home Owners' Association, keep to the speed limit and not disturb or harm the fauna or flora on the farm in any way. If any contractor or supplier or any person in his employ is noticed or found on any other part of the farm not required for the
fulfillment of his duties it will be deemed that he is in breach of this clause and the Home Owners' Association will be entitled to invoke the prescribed penalties.
15. No contractor or his employees may overnight on the building site or any other place on the farm. The contractor and his employees must travel by vehicle to and from the building site along the prescribed route and all occupants must remain in/on the vehicle until the destined building site is reached. No employees or temporary workers may be collected or dropped-off at the gate entrance or the private road leading to the gate entrance.
16. All contractors, sub-contractors and employees must be in possession of a valid identity document in order to enter the farm.
17. No wood may be collected on the property.
18. No open fires are allowed and cooking should only be done on gas or paraffin stoves on a safe position under supervision of the contractor.
The HOA can not extend the development by introducing more stands or change the layouts or amend any rules, unless approved by the members (property owners) at Buffelskloof Eco Reserve.
The HOA can not construct and operate timeshare units, occupied to capacity by non-owners due to the overselling, causing major problems as is the case in some estate developments.
The HOA is a non-profit organization, meaning that the income generated from levies and harvesting of growth in the game population, can not be drawn as dividends to the benefit of any one individual, but must be utilized in the HOA to improve the HOA's assets or lower the levies to the benefit of the property owners.
The property owners, like-minded individuals with a common vision of conservation and enjoyment of nature, all own a share in the remainder of the property unlike the case where the property owners only have a traversing right over the property with conditions that may be amended at any time.
The HOA has an obligation to the property owners to implement environmental management plans and programmes to the benefit of all property owners, which may not be the case of outside ownership.
The HOA makes management decisions to the benefit of the property owners.
The HOA can not sell the property
Therefore it is clear to see that should an outside individual or developer, for that matter, own the remainder of the property; there are no guarantees that the initial intentions of this individual will remain as pure as at the time of your investment decision. This property may then become a money spinner or neglected burden to the detriment of the property owners.
LEVIES AND SERVICES
At Buffelskloof Eco Reserve we adopt a policy of affordability. Each property owner pays for his own luxuries and amenities. If, for instance, you require a heated swimming pool, you are free to construct it on your own stand. It would not be fair to the other property owners to subsidize the construction, maintenance and electrical consumption of this facility.
Research has shown that central amenities and recreational facilities like a swimming pool, tennis court, restaurant clubhouse or conference facility pose a financial burden on the HOA budget due to maintenance, staff salaries and insurance (i.e. higher levies); are not utilized to economic capacity most of the weekdays while creating a feeling of congestion on one specific day on the weekend due to over utilization.
At Buffelskloof Eco Reserve levies are determined by dividing the HOA budget by the number of property owners, resulting in a very low monthly amount due to the low budget requirements of HOA.
The budget of the HOA consists of a manager and staff salaries, administration, wildlife management, vehicles, security, insurance, maintenance (roads, fences, gate & office structure and staff quarters), water and electricity consumption for staff, office and game. These expenses relate to the direct basic services necessary to maintain the communal property to the benefit of all property owners, therefore not exceeding R 495 per month per property owner for the first year, with no extraordinary escalations, if any, foreseen in the near future. These levies become payable from date of transfer of the property.
In addition to the levies, each property owner will be charged individually by the HOA for water, electricity and refuse removal determined by actual metered/measured usage and based on utility providers' cost structures. The result being that each property owner will pay market related tariffs for own use and not subsidize other owners or facilities. These costs will only become payable after construction of each owner's lodge.