‘Ground Floor’ means floor on ground level as indicated on the plans
‘First Floor’ means floor above the ground floor as indicated on the plans
A. ARCHITECTURAL GUIDELINES AND RESTRICTIONS
1. A residence in Amberfield Manor is not just a home but also an investment and these guidelines are aimed at improving the value of a property on the Estate.
2. Whilst the guidelines are aimed at permitting an expression of a degree of individuality and personal preference, it is also aimed at ensuring that the Estate maintains a high degree of aesthetic integrity and harmony, both with the surrounding environment and with other building elements within the Estate.
3. The controlling authority for the development of the Estate is the HOA who will be responsible through the elected Directors for the approval of all building plans and building activities. The decision on whether or not a plan for a dwelling and the construction process of the dwelling, complies with the approved architectural style is a function of the Board of Directors, basing their careful judgement on these guidelines in reaching their decisions.
4. No members’ rights are inferred / conditional to general adherence to these guidelines. A member may appeal against a decision regarding approval of building plans or non-approval of building plans, and follow the complaints and disputes process, in terms of Clause 26 of this Rules of Conduct.
5. If the case where the issue decided on by the Board, is not prescribed by the National Building Regulations, the Municipal Bylaws, the Town planning scheme, or these Architectural Guidelines, the discretion of the Directors, will apply.
6. It is strongly recommended that members engage the service of a professional architect. Further it is recommended that the chosen architect consults with the Estate Manager prior to the design of a dwelling to determine the intent of the design parameters and to ensure that the dwelling is aesthetically pleasing and in harmony with the landscape.
7. It is incumbent upon the member, Architect and Builder to ensure that they use the latest update to this version of the rules. The Rules of Conduct and Architectural Guidelines, and all its amendments applicable at the date of admission of the building plans for HOA approval, will be enforced. No rule, guideline, or restriction will have retrospective effect.
8. A neighbour’ s permission or objection , for an aspect of the applicant’s proposed development, will be taken in consideration by the Board, to balance the protection of one member’s rights and restriction of the other member’s rights.
9. If a member has to request the neighbour’s permission, for an aspect of the applicant’s proposed development in terms of these guidelines, he needs to provide plans or information to the neighbour regarding the application, but only needs to show proof of receipt by way of a signature of the neighbour. The neighbour may provide his/her written approval by way of signature on such plan, or a separate consent document or lodge an objection at the Estate Office. If the neighbour does not reply or react to the request for permission within 2 weeks from the receipt of such request, the applicant’s duty to the neighbour will be seen as complied with.
Town Planning Control
10. The terms of title conditions, the Tshwane town planning scheme, 2008, which includes but is not limited to the conditions of Amberfield Manor Estate, Rooihuiskraal North extension 23, the Municipal bylaws, and National Building Regulations, as well as this Architectural guidelines, applies to all buildings on the Estate.
11. Notwithstanding that any plans or improvements may comply with the legislative requirements, only the approval of any plans or improvements within the Estate by the AMBERFIELD MANOR HOA, authorises construction in accordance with such plans.
12. Similarly, compliance with the restrictions imposed by the AMBERFIELD MANOR HOA shall under no circumstances absolve the member of a property within the Estate from the need to comply with the legislative requirements nor shall the AMBERFIELD MANOR HOA approval be construed as permitting any contravention of restrictions imposed by any authority having legal jurisdiction.
13. Because of the Conditions of establishment determined by the City Of Tshwane Department of Housing, City Planning and Environmental Management, no application for rezoning shall be considered by the HOA.
14. Unless otherwise stipulated by the conditions of Amberfield Manor Estate, Rooihuiskraal North extension 23 imposed by the City Of Tshwane, the number of dwellings that may be erected on an erf shall not exceed the maximum density permitted in terms of the town planning scheme which is one dwelling per erf.
Floor Area Ratio (FAR)
15. The maximum floor area ratio (bulk) that may be erected on an erf shall not exceed 0.6 (zero point six).
16. Single Storey Dwellings (50%): In order to enable members to construct a single storey dwelling with the same maximum floor area ratio which is permitted for a double storey, the HOA will generally support applications to the local authority to increase the coverage for a single storey dwelling from 50 to 60 percent.
17. Double Storey Dwellings (40%): The ground floor coverage of double storey dwellings shall not exceed 40 percent of the area of the erf. In order to encourage the construction of a greater bulk at ground level, the HOA will be prepared to consider plans for double storey dwellings with a ground floor coverage greater than 40 percent, provided that the area of the upper storey is commensurately reduced in order not to exceed the maximum FAR of 0.6 (for example, on a stand of 750m², a house with 350m² on ground floor level and 100m² on the upper level is preferred to a house with 300m² on the ground level and 150m² on the upper level).
18. Double volumes in dwellings are deemed to form part of the first floor areas.
19. Yarded or screened off areas where the screen exceeds one (1) meter in height on the first floor will be included in the first floor coverage area.
20. Basement areas will be included in the FAR calculations and must be complimentary with the ground floor footprint and cannot have any windows or doors in the outside walls.
21. No more than two (2) storeys shall be erected vertically above each other nor shall the height of any part of the structure exceed eight point five (8.5) meters above the natural ground level vertically below that point.
22. No structure shall be erected within a distance of two (2) metres from the boundary between one stand and another and two (2) metres from the rear end boundaries. No structure shall be erected within a distance of five (5) metres from the boundary between an erf and a street.
23. Upon the receipt of a written application providing a motivation the HOA will consider relaxation of building lines. Any affected neighbours’ written consent must accompany the application.
Minimum Dwelling Size
24. All dwellings must have a minimum floor area of 175m² (one hundred and seventy five square metres), including covered patios, carports, garages, servant’s quarters.
25. The HOA shall be entitled not to approve the plans for any dwellings which may in the directors’ sole opinion detract from the appearance of / or reduce the aesthetic value of the Estate as a whole.
26. The Directors must furnish reasons for not approving a plan and objections may be lodged in writing and addressed to the Directors in terms of Clause 26 – Complaints and Disputes of the Rules of Conduct, (only) when a plan has been rejected. (in terms of Clause 25).
B. DESIGN GUIDELINES
27. All dwellings including outbuildings, in the Estate, shall be designed to conform to these principle guidelines and rules. The decision on whether or not the design for the dwelling complies with the architectural style shall be carefully judged by the Board of the HOA, based on these guidelines. Appeals may be lodged in writing to the Board.
28. Elevation treatment of all buildings must conform to good architecture so as not to interfere with neighbour’s privacy or distract from the general appearance of the neighbourhood. Windows, balconies, especially in the instance of a double storey dwelling should not overlook the living area of the adjacent dwelling.
29. Any relaxation of Rule 28 will only be considered by the HOA on presentation of the affected neighbour’s written consent.
30. Buildings shall have a combination of flat and pitched roofs or solely pitched roof at the minimum of 30° (thirty degrees).
31. Solely flat roofs are not permitted.
32. Flat roofs sections must be surrounded by parapet walls and its surface must not be visible from the street, common property or from neighbours’ ground elevation.
33. Only chromadek or other factory painted profile metal sheeting shall be used to cover the flat section of the roof. Corrugated sheets shall be of non-reflective finish.
34. Fibre cement, canvass or shade netting of any type is not permitted.
35. Only concrete roof tiles, slate tiles or shingles are permitted to cover pitched roofs. Profiled metal or any other type of metal roof sheeting or thatched roofing is not permitted.
Walls (Including Boundary Walls)
36. Walls, including boundary walls shall be built of bricks and must be plastered and painted or in face bricks.
37. Non-masonry type, concrete, pre-cast panel walls, timber walls of any type or stone walls are not permitted to be used.
38. Boundary walls are to be integrated into the design of the main building or of a finish approved by the HOA. If any boundary walls abut a common area it must be plastered and painted on both sides.
39. In addition to the above, metal balustrades in conjunction with brick pillars may be used only at street boundaries or rear boundaries where the rear faces a public or common area. Face brick walls will be allowed.
40. Plants or shrubs may not be used to form boundaries between properties.
41. Razor and barbed wire are not allowed to be erected on boundary walls of a property.
42. Broken glass may not be used as a top-finish on boundary walls.
43. A member who intends to install an electric fence has to obtain the adjoining neighbours’ written permissions, which must be provided to the Estate Office, along with the notice to the Estate Office of the installation of the electrical fence.
Boundary Wall Heights
44. Street boundary walls are to be a maximum height of 1.8 (one point eight) metres unless otherwise approved by the City Council.
45. Walls between properties in the rear of the property shall be a maximum height of 2.4 (two point four) metres, however, side boundary walls must coincide with the street boundary wall for the first 2 (two) metres before reaching maximum height unless otherwise approved by the City Council.
(Note: All heights of walls are from the natural ground level of the erf)
46. Outbuildings, including carports must match the main building in style, elevation and material usage in all respects.
47. No shade-netting, canvass or lean-to type structures shall be permitted.
48. Staff accommodation shall be contained under the roof of the main building.
49. Kitchen-yards, drying yards, washing lines and staff facilities are to be screened from public view and from neighbour’s ground level elevation.
50. Neighbours’ view should be taken into consideration when designing entrance to kitchen and staff quarters.
51. The overall height of free-standing structures including but not limited to wendy-houses, garden-sheds, washing lines, and playground equipment, shall not exceed 1.8 (one point eight) metres and must be so located not to be visible from the street, common areas and effectively screened from neighbour’s ground level elevation view, public view and screened from the street. Approval for the construction of the structure, or for exemption from the height or visibility of the structure, must be obtained from the HOA and neighbours prior to erecting such structures.
Gutters and down-pipes
52. Gutters and down-pipes shall form an integral part of the design and be constructed and finished to match the style of the main building.
53. Concrete roof down-pipes must be concealed from public view.
54. Metal gutters and down-pipes and any other rainwater related items must be in chromadek or any other factory painted materials or of durable SABS-Standard approved non-metallic materials.
Plumbing and drainage pipes
55. All external plumbing and drainage pipes are to be concealed by means of using ducting which must be incorporated inside the dwelling and not to the detriment of the overall aesthetic appearance of the structure.
56. All driveways and walkways are to be completely paved and the overall width in the common area of the property and sidewalks of the premises should not exceed 6 (six) metres. Applications for extension of the paved driveway area must be in writing and are to be approved by the HOA. Consideration for approval will be more favourable if accompanied by surrounding neighbours’ written consent.
57. No exposed concrete finish to driveways will be permitted.
Solar panels and geysers
58. Each request for the approval of the installation of solar heating will be assessed individually and will require HOA and neighbours’ approval.
59. Solar Heating Panels should be incorporated into the building and form part of the basic structure and must be clearly shown on all drawings.
60. The extent of the area covered will be at the discretion of the HOA.
61. External installation of geysers or tanks and other heating devices are not permitted to be installed on pitched roofs.
62. Installation of solar heating panels and tanks or other heating devices on flat roof portions of the building with a parapet which obscures the installation will have no restriction on the type of installation; however, neighbours’ approval will be required.
Windows and doors
63. Natural timber or aluminium frames should preferably be used. Steel or any other material window / door frames is subject to consideration by the HOA on individual case basis.
64. Burglar Bars may only be installed internally on windows.
65. The preferred colour of burglar bars is brown or black.
66. All properties shall have an enclosed garage to accommodate at least 2 (two) vehicles.
67. The style, material and construction of the garage and main building should form a aesthetic unit, with similar finishing.
68. All garages must have full garage doors for vehicle access and exit.
69. It is preferred that natural timber doors are used. Galvanized / steel type garage doors are not permitted, except where the door is not visible from the street or common areas.
70. Drawings to be submitted showing the position of the pool and the location of the pool pump which must be positioned so that the noise should not be a nuisance to neighbours.
71. Pools’ and ponds’ outlets must not be connected to the sewer but to drain into the street.
72. The positioning of the external air-conditioning unit must be cleared by the Estate Office, unless it is indicated on the drawings already lodged for approval.
73. The character of the Estate landscape is primarily indigenous and all visible landscaping undertaken should integrate into the aesthetics of the Estate, focusing on plants and materials that attract birds and other fauna.
74. Residential gardens, including the portion between the street curb and the street boundary of the property are an integral part of the Estate’s landscaping theme and members are encouraged to utilize indigenous plants and trees with non-aggressive roots to landscape the areas accordingly.
75. Amberfield Manor HOA accepts no liability whatsoever for disputes arising between neighbours in respect of trees and or shrubs causing a nuisance of whatsoever nature and / or potential or actual damage to private property.
76. All awnings of any kind must be approved by the HOA.
Alterations and additions
77. In an effort to ensure continuous aesthetic control on the Estate, all members wishing to undertake any external alteration to their property in any way, shall submit plans to the AMBERFIELD MANOR HOA and obtain written permission prior to commencing with any building alteration or addition. This also applies to all temporary dwellings, additional windows, doors, garden sheds, gazebo’s, washing lines, swimming pools, ponds, and pumps, carports, Wendy houses and playground equipment but are not limited to these building alterations and / or additions.
78. Any alterations or additions must comply with Estate architectural guidelines, Estate rules, local municipal bylaws and National Building Regulations.
79. Members shall at all times ensure that any object or structure which may be considered unsightly or to the detriment to the appearance of the Estate, is not visible from the street, common areas or ground elevation area of the neighbouring properties.
80. All applications for HOA approval of external alterations and additions need the written approvals or objections of the neighbours in view of the alteration, including the neighbours across the road.
81. Existing garages may not be converted into living space if it means that the property no longer has garaging for 2 (two) vehicles.
82. All structures shall be constructed and finished to match the main building.
C. SUBMISSION OF BUILDING PLANS AND APPROVAL
83. Before submitting plans to the local authority, the HOA must approve the plans.
84. No submitted building plan will be considered for approval by the HOA if the levy account for that erf is in arrears.
85. The member has to request the neighbour’s permission, as and when these guidelines may require it.
86. If a member has to request the neighbour’s permission, for an aspect of the applicant’s proposed development in terms of these guidelines, he/she needs to provide plans or information to the neighbour regarding the application, but only needs to show proof of receipt by way of a signature of the neighbour. The neighbour may provide his/her written approval by way of signature on such plan, or a separate consent document or lodge an objection at the Estate Office. If the neighbour does not reply or react to the request for permission within 2 weeks from the receipt of such request, the applicant’s duty to the neighbour will be seen as complied with.
87. Detailed design drawings must be prepared in compliance with conditions and / or regulations applied by the HOA and local authority.
88. Four complete sets of drawings in conjunction with building plan scrutiny fee as contained in Annexure E and a copy of the NHBRC enrolment certificate must be submitted to the Estate office for registration and submission to the Aesthetic Committee for approval.
89. Once approved by the HOA, one set of drawings will be retained by the Estate Office for its record and the other three sets will be approved, stamped and returned to the member for submission to the local authority.
Note: The local authority will not accept building plans that do not bear the HOA stamp of approval.
D. BUILDING RULES
90. No construction activities will be permitted to commence until building plans have been approved by the local authority and a copy of these have been provided to the Estate Manager’s office for record purposes and all other relevant documents have been completed and signed by the member.
91. Rules and regulations governing the building activities are rules adopted by the HOA and are binding on all members, their contractors, suppliers and agents.
92. It is a member’s responsibility to ensure that his appointed contractors are aware of the rules and in compliance with rules and regulations at all times.
93. It is recommended that the building rules (Annexure ‘B’) in its entirety be included in the contract between the member and his contractors and / or subcontractors.
94. The HOA reserves the right to suspend any building activities in contravention of any of the rules and regulations and terms of Clauses 2.7. and 2.7.1 as well as 4.1 and 4.1.8 of the Articles of the Association may deny access to the contractor, his employees, suppliers and agents if acted in breach of the rules or fail to make good any damage caused by the contractor to HOA property or fails to settle penalties or fines imposed on them by the HOA as contained in Annexure E.
95. Before a new dwelling is occupied, the original occupation certificate issued by the local municipality must be presented to the Estate Office by the member.
Time limits for construction of dwellings
96. It is in the interest of the members of Amberfield Manor HOA to strive in developing the Estate to its full potential in a time frame beneficial to all members so that residents can enjoy living in an undisrupted, secure and relaxed environment.
97. Building plans have to be submitted for HOA approval within 6 months of transfer of ownership.
98. Construction of dwellings must commence within 12 months from the date when all required approvals of the plans are in place.
99. In the case of all other undeveloped erven owned by members, building plans have to be submitted for HOA approval within 6 months of the date the rules were adopted by the members, and construction tostart within 12 months from the date the rules were adopted by the members.
100. From these dates on, construction shall proceed without lengthy interruption and must be completed within 9 months.
101. Members who have started construction but abandoned construction activities must have construction completed within 12 months from the date the rules where adopted.
102. The HOA may impose increased monthly levies, as stipulated in Annexure E to the Rules of Conduct, on members failing to meet the construction time limit criteria, subject to the majority vote of the members.
103. These time limits are subject to adjustment in the case of external factors outside the control of the member or the Estate, causes delay or prevent timeous completion of the construction of the dwelling and consequent non-compliance to these time-limits. Such circumstance may include but not be restricted to the economic circumstances prevailing in the country, or availability of services from the municipality or electricity from ESCOM causes the delay in construction, inclement weather, force majeur (earth quake, land slidings, flooding, etc).
Variation of approved building plans
104. Members and their contractors acknowledge that the HOA will enforce compliance with architectural guidelines and other instructions and regulations in respect to construction of any work on the Estate. Should the contractor receive instructions from the architect or the member to deviate from the plans approved by the HOA, whether external, materially or significant internally, the contractor shall be obliged to immediately advise the Estate Office in writing and further orally of the nature and details of the deviation so as to permit the HOA the opportunity to consider the deviation or the deviation plan in the light of HOA requirements.
105. The contractor shall not commence construction of any deviation in the work until the HOA has consented hereto in writing or until a revised deviation plan is approved by the HOA and City Council and such consideration for approval be executed promptly, and cause an unreasonable time consuming delay, to the detriment of the member.
Building deposit and fees
106. A Building deposit for each new dwelling or for alterations or additions shall be paid by the member to the HOA before commencement of any building activities will be permitted. The amount will be determined by the Directors from time to time. The directors shall in accordance with the Articles of Association of the HOA determine the non-refundable portion thereof.
107. The deposit will be kept in trust free of any interest for the duration of the construction and will be utilized in the event where the member, his contractors, employees, suppliers and agents failed to make good damage caused to HOA property, failed to keep the building site clear of building rubble or other waste material, or failed to pay fines or penalties.
108. On completion of construction and provided all obligations have been fulfilled by the member and his contractor and no costs have been incurred by the HOA, the deposit will be returned to the member.
Estate road fund
109. For each new dwelling, excluding alterations and additions, members shall contribute an amount as determined by the Directors from time to time to the Estate’s road rehabilitation fund prior to commencement of building activities. This is to compensate for higher than normal wear and tear on Estate’s roads caused by the increase in traffic volume and heavy construction and supply vehicles.
110. Only HOA approved and registered contractors will be allowed on the Estate. In order to become registered, contractors will be required to consult the Estate Manager to undergo induction training related to HOA rules and regulations and submit satisfactory proof of:
a. Membership of MBA or BIFSA;
b. Registry with NHBRC;
c. Sufficient coverage of a builders’ risk or public liability insurance;
d. Proof that water connection on site has been made by the Council; and
e. Acknowledge receipt of HOA rules and regulations and to abide thereto.
111. Construction activities are regulated and are only permitted during the following hours:
a. Weekdays: Monday to Friday from 07:00 to 17:00.
b. On Weekends and Public Holidays, no construction activities will be permitted.
112. Construction outside normal hours however, may receive management’s consideration when submitted in writing to the Estate Manager five (5) working days prior to the requested working day. Members’ contractor/s must substantiate the urgency, specify the work to be performed, the number of workers and the time they will be on site for the day. Surrounding neighbours’ written consent is required and must accompany the written request.
113. Exception may be made in emergencies where a crisis situation needs to be attended to the same day or the next day, as damage control, e. g. managed water pipe, sewerage blockage, plumbing emergencies, to take care of damaged entrances after a break-in or robbery.
114. Supplier’s deliveries must be scheduled between 07:00 and 16:00 on weekdays only. Delivery vehicles will not be allowed on the Estate outside the specified hours.
115. Trucks with trailers or articulated delivery vehicles will not be permitted to enter the Estate, irrespective of such vehicle’s weight. Only single trucks with a gross weight of 15 tons will be allowed on the Estate.
116. Deliveries of bricks should be done by ‘Linked-Loads’, i.e. five thousand (5,000) on a fixed-bed truck and five thousand (5,000) on a trailer’. The recommended procedure is:
a. Trailer that is to be unhooked at entrance to the Estate,
b. The truck to unload and come back to reload the Trailer bricks and deliver to the site; and
c. The Member or supplier may choose to deliver by smaller truck instead, which may be equally acceptable.
Building site requirements
117. Prior to and at all times during construction, the contractor shall:
a. Have a copy of the working drawing and plan of the stamped and approved HOA and Local Authority drawings on site for inspection by authorized HOA personnel;
b. Ensure that the responsible site agent or project manager is registered at the Estate Office;
c. Provide a lock-up shed on site for equipment storage;
d. Provide a suitable and fully operational and screened waterborne or a regularly serviced chemical toiled on site ensuring that it is hygienic and in good working condition at all times;
e. Ensure that the site is neat and free of any litter or any other unsightly waste material and rubble at all times;
f. Not store any building material, rubble or soil on any adjacent property unless a contractor has obtained prior written consent from the member of the respective property and a copy has been delivered to the Estate office;
g. Erect green shade cloths with a minimum height of 1.6 (one point six) metre along all open boundaries of the construction site and attached to sturdy fencing poles with a minimum of 3 (three) straining wires in order to ensure that it remains tidy at all times;
h. Respect the privacy of the neighbours and generally reduce inconvenience as far as possible if construction takes place adjacent to existing dwellings;
i. Immediately remove offloaded material that encroaches onto the sidewalk or road; and
j. Ensure that no materials are on roads and sidewalks, not limited to but including sand or rubble washed or moved onto the road during operations.
118. The HOA prefers skips on site; however, skips or alternative waste disposing facilities must be available on site.
119. It is recommended that the contractor discuss with the neighbours the location of the ablution and lockable site shed.
120. Should the road and sidewalks not be cleared, the contractor will be required to comply with the Estate Manager’s instructions before continuing with any building activities.
121. No fires are permitted on the Estate for the purpose of food preparation for / by all contractors and / or contractor’s staff.
122. Cement and concrete are hazardous materials to the environment due to the high PH content and is not permitted to be mixed on communal property.
123. Only one contractor’s notice board which displays the telephone number may be displayed on site but no advertising of any format is permitted.
Access / Security Control
124. The member / contractor acknowledge that the control of access to and from the Estate is critical to the effective functioning of security arrangements and that they will at all times adhere to the security regulations and agrees to co-operate with Estate management in the interest to maintain security on the Estate.
125. Access regulations may be varied from time to time at the discretion of the directors.
126. Every contractor’s employee, subcontractors, casual workers or agent prior to engagement to work on the Estate must be registered and security cleared by Estate management.
127. Members must ensure that every one of his contractor’s employees, subcontractors, casual workers is in possession of a valid SA ID Document or a valid work permit issued by the South African Department of Home Affairs.
128. No contractor and / or contractor’s staff will be allowed entrance to the Estate without a valid SA ID Document or a valid work permit issued by the South African Department of Home Affairs.
129. On registration at the Estate Office, all contractors’ employees, subcontractors or agents will be issued with a proximity access device obtainable at a fee at the Estate office and an access permit reflecting the member’s name and the permit holder’s name. The erf number and the expiry date of the permit shall also be displayed on the access permit.
130. The holder of such permit must wear / display such permit when moving off the construction site. Failing to comply, the person will be immediately removed from the Estate and further access denied.
131. Access devices are not transferable and the holders are strictly prohibited to use his device to channel any other persons in and out of the Estate.
132. Lost access devices must immediately be reported to the Estate office to allow cancellation of the lost device.
133. All security cleared employees, contractors or subcontractors are allowed to access the Estate on foot and only through the turnstiles.
134. Members / contractors may not ferry an employee, contractor, subcontractor, casual employee or any non-registered or security cleared employee / worker in a vehicle through the security gate because it marginalizes security control. The right vests on the Estate office to take action against transgressors.
135. Members / contractors are obligated to transport all employees, contractors, subcontractors, casual employees from the respective turnstiles to and from the construction site.
136. Contractor’s employees and subcontractors are not allowed to walk around the Estate without specific written permission obtained from the Estate office. Transgressors will be immediately removed from the Estate and entry onto the Estate will be denied.
137. Members / Contractors are responsible at all times for discipline and control of their employees, subcontractors, casual workers, suppliers and agents.