ALTERNATIVE TO IMPOSING
OMNIBUS SERVICE SERVITUDES
PDA MUNICIPAL FORUM
18 FEBRUARY 2011
TYPICAL OMNIBUS SERVICE
SERVITUDE
“The owner of the Erf shall, without compensation,
be obliged to permit the construction and
maintenance of sewer and drains over or under
the Erf along any boundary thereof other than a
road frontage and within a distance of 1.83 metres
from such boundary as well as reasonable access
thereto for the purpose of maintenance”
IMPLICATIONS OF OMNIBUS SERVICES
SERVITUDE
• No development possible on at least three of the
boundaries of a property
• Highly unlikely that services will ever be required
along three boundaries of a property
• High probability that no services will be required
along any boundary of a property
• Generate unnecessary applications for alteration or
deletion of restrictive condition
• Unlikely that municipality will not pay compensation
if space is required for services to another property
• Not the least restrictive means of achieving objective
ALTERNATIVE APPROACH
• Do not impose omnibus services servitudes
• Ask applicant for plan showing water reticulation
in blue and sewer network in red
• Impose spaces along boundaries of property
• Provide in scheme that spaces may be relaxed
with consent of the municipality
• Relax if space not required for services and
relaxation appropriate after consideration of all
relevant considerations
GERT ROOS
14th Floor, North Tower
Natalia Building
330 Langalibalele Street
Pietermaritzburg, 3200
Tel: (033) 33 395 2656
Fax: (033) 33 3949 714
E-mail: gert.roos@kzncogta.gov.za
Website: www.kzncogta.gov.za