1.     The purpose of the Architectural and Building Guidelines is to protect the substantial investments made by members of the Company by ensuring that new houses constructed in the Skuitbaai Estate and alterations/additions to existing houses comply with the standard of quality associated with the Skuitbaai Estate.

 1.2  In order to achieve this objective, and in accordance with paragraph 15 of the Estate Rules of the Company (“Estate Rules”), the board of directors of the Company (the “Board”) has appointed the Skuitbaai Design Committee (“SDC”), consisting of 2 (two) directors (or members) and an architect (the “Estate Architect”), for the specific purpose of evaluating all proposed structures to ensure that:

1.2.1  the design, size and type of housing comply with the existing standards;

1.2.2  high-quality materials and finishes are used.

1.3 Any member of the Company (“Member”) will, as of 1 January 2018, be required to submit building plans, including all alterations and/or deviations, for approval by the SDC prior to submitting such building plans to the Local Authority for approval. 

2.1  Each submission of a building plan will be assessed on its merits in the overall context of the Skuitbaai Estate.

2.2  All design plans for the construction of houses or alterations to houses must be prepared by a person registered in the category of Professional Architect with the South African Council for the Architectural Profession (“SACAP”).

2.3  A Member shall ensure that his appointed architect (“Member’s Architect”) shall liaise with the Estate Architect prior to the submission of a preliminary sketch plan for approval by die SDC, the purpose being to fully apprise the Member’s Architect of the architectural guidelines and building regulations.

2.4  All building designs are to be firstly presented in a suitably completed sketch plan form and must be approved by the SDC prior to commencing with the preparation of final Municipal submission drawings. All proposals must comply with the architectural guidelines and National Building Regulations.

2.5  As a prerequisite to reviewing final Municipal submission drawings, the Member shall effect payment of the prescribed scrutiny fee to the SDC to cover the fees of the Estate Architect.

2.6  Two copies of all submissions are required. One will be retained by the SDC for reference and one copy shall be returned to the Member marked either “approved” or with comments indicating the suggested changes required in order to achieve approved status.

2.7  Prior to submitting drawings to the Local Authority, two sets of copies of the complete documentation must be submitted for final approval by the SDC.

2.8  If approved, the final submission drawings will be stamped and/or signed by the SDC. These stamped and/or signed copies of the plans must form part of the normal submission drawings to the Local Authority.

2.9  No building work may commence without the prior written approval of the SDC, the Local Authority and any other statutory approval required.

The following information must be clearly indicated on plans being submitted for scrutiny at sketch design stage and verified at working drawing stage. A north arrow pointing in the correct direction is essential and must be on each drawing sheet where applicable.

3.1 Site plan (Scale of not less than 1:200 but larger scales are preferred)

3.1.1  Site plan of the entire plot indicating dimensions of all boundaries.

3.1.2  Contours at intervals of no more than 500mm indicated. Copy of Land Surveyor’s diagram on an A4 sheet must be attached.

3.1.3  North point and direction in relation to the particular plot.

3.1.4  The applicable building lines.

3.1.5  The position of services such as water, telephone and electricity connections.

3.1.6  The position of the septic tank.

3.1.7  The position of the proposed dwelling on site.Page 2 

3.1.8  Outline of the adjoining dwelling or dwellings on both sides if already existing.

3.1.9  Position of vehicular and pedestrian paved surfaces.

3.1.10  Storm water management to be indicated.

3.2 Floor plan – 1:50

3.2.1  The position and size of the solar geyser or heat pump is to be indicated. (Geysers will not be permitted on the outside of the dwelling unless suitably enclosed inside the yard spaces.)

3.2.2  The line of roof overhead.

3.2.3  The position of driveways including paving material specifications.

3.2.4  The actual coverage of the dwelling in terms of square metres must be shown.

3.3 Elevations – 1:1003.

3.1  Ridge and eaves heights must be marked on elevations. Indicate all heights by the actual datum levels above the natural ground level.

3.3.2  The position of external lights has to be marked on the plans and the elevations.

3.3.3  Elevations must show and list all external finishes.

3.3.4  All drainage must be shown on elevation, clearly indicating sanitary fittings, pipes, ducts and vents.

3.4 Sections – 1:50

3.4.1  At least two sections must be included, one in the direction of the length and another in the direction of the breadth of the plot. Additional technical sections can be included to describe special elements like basements and flat roofs.

3.4.2  Ridge and eaves heights must be marked on sections. Indicate all heights by the actual datum levels above the natural ground level.

3.4.3  Show bulk earthworks – cut and fill sections.

3.4.4  All the details of the septic tanks plus the size and position of the collection chamber must be indicated for approval.

3.5 General

3.5.1 Engineering details of the location, specification and construction of any retaining structures must be included in the submission. All engineers undertaking projects within the Skuitbaai Estate must be registered with the Engineering Council of South Africa.Page 3   

3.5.2  Side yard and boundary walls must be included in the submission showing gates, openings and foundations.

3.5.3  Position of satellite dishes, tanks, TV aerials and any other antennas must be indicated as how these will be obscured from sight.

3.5.4  Additional drawings of information may be called for to give clarity and to define elements or describe materials.

3.5.5  A1-sized drawings are preferred.

4.1  Any deviations or variations from the design must be approved by the Estate Architect and the Local Authority before any building work may commence.

4.2  The Member shall formally apply for the approval of plans in accordance with the provisions of these Architectural and Building Guidelines.

4.3  All plans for deviations must be prepared by a person registered in the category of Professional Architect with SACAP.

4.4  Drawings detailing the deviations must be submitted in duplicate to the Estate Architect. On approval, the Estate Architect will retain one copy for his own record and a copy bearing the approval stamp of the Estate Architect will be returned to the Member for submission to the Local Authority.

4.5  The approval or non-approval by the Estate Architect of the deviation is final and binding.

4.6  The SDC reserves the right to stop any building work not approved in advance and to have any building or structure, not in accordance with the approved drawings demolished and removed at the cost of the Member.

5.1  The purpose of the architectural guidelines is to create a harmonious aesthetically pleasing built environment that will be sympathetic to the existing natural beauty of the Skuitbaai Estate without being excessively prescriptive.

5.2  The minimum area of any single dwelling must be 350m2 (including garages and covered outdoor living areas).

5.3  The SDC will evaluate not only the visual aesthetics but also material selection, with the final decision resting with the SDC.

5.4  No architectural style that the SDC deems, in its sole discretion, to be detrimental to the overall aesthetics of the Skuitbaai Estate will be allowed.

5.5  When designing the dwelling, the relevant Member and the Member’s Architect must take into consideration:Page 4 

5.5.1  the existing views of the Members of adjacent properties; and

5.5.2  the height restriction applicable to certain erven in the Skuitbaai Estate, attached hereto and marked “B”,in an endeavour to prevent or minimise any obstruction to the views enjoyed by other Members. The SDC shall be entitled to impose height restrictions to a dwelling if it is in the interest of any Member of an adjacent property or the Skuitbaai Estate.

5.6  All external plastered walls must be painted white or a subdued earth colour. Rough ornate plaster finishes and highly reflective surfaces will not be allowed.

5.7  Garages must form part of the overall architectural design of the dwelling and where practical, should be attached to the dwelling unless the individual site conditions are extremely onerous.

5.8  Carports must form part of the overall architectural design of the dwelling and must appear as a substantive and integral part of the dwelling and not an appendage.

5.9  All flat roofs that are not planted shall be dressed with a non-reflective stone chip layer that compliments the colour of the dwelling.

5.10  The use of shade cloth is not permitted.

5.11  Zinc structures are not permitted.

5.12  Wooden structures are not permitted save for timber decks and verandahs which must compliment the overall architectural design of the dwelling.

5.13  Solar panels are allowed but the positioning thereof must be approved by the SDC prior to installation. All pipework must be concealed, panels must be non-reflective and, where possible, hidden from visibility of adjoining properties.

5.14  If cement bricks are used for the construction of the dwelling it must be plastered.

5.15  Temporary structures, tool sheds and wendy houses are not allowed.

5.16  Reflective glass may not be used for windows and doors.

5.17  Boundary enclosures must complement the overall architectural design of the dwelling and material. No wire, barbed or razor wire or highly reflective material will be allowed.

5.18  Portable pools of a permanent nature are not allowed.

5.19  Multi-coloured electric lighting is not permitted.

5.20  All external lighting should be unobtrusive and not disturb neighbours.

5.21  Gas cylinders and all other service elements on external walls must be concealed.Page 5

5.22 All plumbing must be housed in ducts.

5.23  Washing lines may not be visible from outside the footprint area of the erf, being that part of the erf on which the dwelling, external living areas, yards, driveway and pool can be built.

5.24  Service areas may not be in view from the street or public open spaces.

5.25  External burglar bars are not permitted.

6.1  A Member is afforded a period of 18 months to complete a new dwelling, calculated from the date of commencement of site preparation to the date of issuing of an Occupation Certificate by the Building Inspector of the Local Authority.

6.2  Failure to complete the dwelling within the aforesaid 18-month period will result in a monthly penalty being levied against the Member until the date of issuing of the Occupation Certificate.

The penalty shall be calculated in accordance with the following formula:(A /12) x 3 = BwhereA  = the annual levy payable by plot Members at the timeB  = the monthly penalty payable by the relevant Member

7.1  A building deposit, as determined by the Board from time to time, shall be levied against the Member concerned and shall be payable within 14 (fourteen) days of written demand having been furnished to the Member.

7.2  No steps may be taken on an erf within the Skuitbaai Estate for the purpose of constructing a dwelling until such time as the deposit has been paid.

7.3  The building deposit will be refunded to the Member once:

7.3.1 the Board’s nominated representative (the “Estate Representative”) has conducted a final inspection and is satisfied, in his sole discretion, that:

7.3.1.1  the adjacent erf or erven have been restored to the condition in which they were prior to the commencement of any building works;

7.3.1.2  all structures were erected in compliance with the approved building plans;

7.3.1.3  all paint work has been completed;

7.3.1.4  all rubble and refuse have been removed from the site; andPage 6 

7.3.2 copies of the “as built” plans and a copy of the Occupation Certificate issued by the Building Inspector of the Local Authority have been lodged with the SDC.

7.4 The SDC shall be entitled to deduct from the deposit any and all costs, charges, penalties, damages and the like which may have been incurred or sustained by the Company or another Member as a consequence of a failure by the relevant Member or his building contractor to have complied with the Architectural and Building Guidelines.

8.1  The SDC, in consultation with the Board, shall appoint a panel of pre-selected and accredited building contractors (“Preferred Building Contractors”) and a Member shall be obliged to select a building contractor from the panel of Preferred Building Contractors, subject to 8.2 below.

8.2  A Member shall be entitled to apply to the SDC in writing for an exemption from the provisions of 8.1 which application shall contain:

8.2.1  such particulars of the Member’s nominated building contractor as the SDC may reasonably require; and

8.2.2  a detailed motivation for the Member’s request for an exemption.

8.3 The SDC shall notify the Member in writing of the outcome of the application.