Drilling a borehole in South Africa requires compliance with the National Water Act and with your municipality by-laws. All water belongs to the state, and while limited domestic use is generally permitted under Schedule 1 of the Act, other uses require registration or a water use licence.
The two most commonly missed requirements are municipal registration, which many municipalities require regardless of use, and the distinction between permissible reasonable domestic use and use that requires authorisation.
Business Requirements at a Glance
Borehole requirements generally cover the following.
- Compliance with the National Water Act, under which all water is a national resource
- Schedule 1 permissible use, covering reasonable domestic use, which does not require a licence
- Registration of water use with the Department of Water and Sanitation, where the use exceeds Schedule 1
- A water use licence for larger-scale or commercial abstraction
- Municipal by-law requirements, including registration and notification of the borehole
- Municipal approval where the borehole connects to any plumbing on the property
- Compliance with drilling standards and, in some areas, geohydrological assessment
Registration and Legal Requirements
Schedule 1 use covers reasonable domestic use, small gardening not for commercial purposes, and watering stock within limits. Commercial use, irrigation at scale or supplying others goes beyond it and requires authorisation.
Municipal by-laws differ by municipality and commonly require registration of a borehole even for domestic use. Several municipalities also require that borehole water not be connected to the municipal supply without a certified backflow prevention device.
Documents and Ownership Information Required
Keep the drilling records, the borehole log and any geohydrological assessment. These are required for registration and are valuable if a dispute arises about abstraction.
Where the borehole is registered, keep the registration confirmation. Where a licence is required, the licence document sets the conditions you must comply with.
Tax, Licence and Compliance Requirements
Cross-connection between borehole water and the municipal supply is prohibited without appropriate backflow prevention, because it risks contaminating the public water supply. This is taken seriously and carries penalties.
Water quality is your responsibility. Borehole water is not automatically safe to drink, and testing is advisable before domestic use, particularly near agricultural land, industrial sites or informal settlements.
Over-abstraction can affect neighbouring boreholes and the aquifer, and disputes between neighbours over declining yields are common.
Process, Deadlines and Ongoing Obligations
Check with your municipality before drilling. Requirements and registration obligations differ by municipality, and retrospective compliance is harder than doing it in the right order.
Use a registered driller who will provide a proper borehole log, and have the water tested before any domestic use.
This page is general information and not legal or tax advice. Confirm current thresholds, rates and requirements with SARS or a registered tax practitioner, since they change with each budget.
Frequently Asked Questions
Do I need permission to drill a borehole?
Reasonable domestic use generally falls under Schedule 1 and does not require a licence, but most municipalities require registration and other uses require authorisation.
Can I connect borehole water to my house plumbing?
Not to the municipal supply without appropriate backflow prevention. Cross-connection risks contaminating the public supply and carries penalties.
Is borehole water safe to drink?
Not automatically. Testing is advisable before domestic use, particularly near agricultural, industrial or densely settled areas.
When do I need a water use licence?
Where use exceeds Schedule 1 permissible use, such as commercial abstraction or irrigation at scale.
Confirm requirements with your municipality and with the Department of Water and Sanitation before drilling. This page is general information and not legal or tax advice. Confirm current thresholds, rates and requirements with SARS or a registered tax practitioner, since they change with each budget. Browse all business and compliance requirements.