PUBLIC PARTICIPATION
City of Cape Town Draft Animal Keeping By-law
Sun, 27 September 2026
This page is part of a more easily readable version of the controversial Draft Animal Keeping By-law published for public comment until 29 September 2026. There are links below to the other 44 sections.
Comments and submissions should be emailed to animal.bylaw@capetown.gov.za
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SECTION 34
34. Standards and requirements for keeping birds
(1) The owner, person in charge or occupier of any premises must keep birds in an aviary, designed for that purpose.
(2) An application for a permit to keep birds in an aviary must be accompanied by an approved building plan indicating all existing or proposed structures on the property.
(3) The City may refuse to approve an application or grant approval subject to specific conditions if, in its opinion, the property, owing to its location, siting or geographical features or size, is unsuitable for the keeping of birds.
(4) An aviary should not be situated within ―
(a) 3m of the boundary of a land;
(b) 3m from any dwelling or other structure used for human habitation, or any place where foodstuff is stored or prepared for human consumption,
(c) 50m of any water resource or water supply intended for human consumption, and
(d) 6m of any boundary of the erf which abuts any road or public place.
(5) The walls of an aviary must be constructed of brick, stone, concrete or other impervious material, with a smooth internal surface.
(6) The floors must be constructed of concrete or other impervious material and brought to a smooth finish.
(7) If the aviary is raised off the ground, the underside thereof must be constructed of an impervious and durable material, and it must be raised at least 300mm above ground level.
(8) The upper floor of a two or more story structure must be constructed of an impervious and easily cleanable material.
(9) The minimum floor area of 0,14m² for each bird must be provided, and the minimum aggregate floor area should be at least 4m².
(10) The building must be ventilated and lighted by means of natural ventilation and light through openings or opening windows of an area not less than 15% of the floor area of the building or structure.
(11) A water supply adequate for drinking and cleaning must be provided in or next to every aviary.
(12) An aviary must be constructed of durable rodent-proof material.
(13) The keeping of birds may not cause a nuisance to surrounding property owners.
(1) The owner, person in charge or occupier of any premises must keep birds in an aviary, designed for that purpose.
(2) An application for a permit to keep birds in an aviary must be accompanied by an approved building plan indicating all existing or proposed structures on the property.
(3) The City may refuse to approve an application or grant approval subject to specific conditions if, in its opinion, the property, owing to its location, siting or geographical features or size, is unsuitable for the keeping of birds.
(4) An aviary should not be situated within ―
(a) 3m of the boundary of a land;
(b) 3m from any dwelling or other structure used for human habitation, or any place where foodstuff is stored or prepared for human consumption,
(c) 50m of any water resource or water supply intended for human consumption, and
(d) 6m of any boundary of the erf which abuts any road or public place.
(5) The walls of an aviary must be constructed of brick, stone, concrete or other impervious material, with a smooth internal surface.
(6) The floors must be constructed of concrete or other impervious material and brought to a smooth finish.
(7) If the aviary is raised off the ground, the underside thereof must be constructed of an impervious and durable material, and it must be raised at least 300mm above ground level.
(8) The upper floor of a two or more story structure must be constructed of an impervious and easily cleanable material.
(9) The minimum floor area of 0,14m² for each bird must be provided, and the minimum aggregate floor area should be at least 4m².
(10) The building must be ventilated and lighted by means of natural ventilation and light through openings or opening windows of an area not less than 15% of the floor area of the building or structure.
(11) A water supply adequate for drinking and cleaning must be provided in or next to every aviary.
(12) An aviary must be constructed of durable rodent-proof material.
(13) The keeping of birds may not cause a nuisance to surrounding property owners.
See next section
Comments and submissions should be emailed to animal.bylaw@capetown.gov.za
Other sections
CHAPTER 1 – General Provisions
CHAPTER 2 – Keeping of Animals
CHAPTER 3 – Bee Keeping
CHAPTER 4 – Enforcement