Illegal buildings anger residents

The growing number of illegal buildings and the lack response from City of Johannesburg (CoJ) officials led Cyrildene residents to approach the Johannesburg Ombudsman.
The Cyrildene Community Forum submitted a complaint to the Ombudsman. In its complaint to the Ombudsman, the forum complains about the lack of law enforcement by the City of Johannesburg’s officials against apparent and reported contraventions of the National Building Regulations and by-laws that govern illegal buildings, re-zoning applications and the precinct plan for the area which the forum states was approved despite objections lodged and a petition submitted.
Community Police Forum (CPF) chairperson for the area, Mr Rob Crawford, said the problem started more than 10 years ago when people were converting their properties into guest houses.
“Properties were being converted without plans being sent in or followed. Sometimes the plans were submitted but there were diversions to the plans,” he said.
He said one property was changed from a single residence property to 30 rooms. “That is illegal use of land which leads to over crowding and the increase of crime,” he said. Mr Crawford said a new pattern of crime had surfaced in the area. “These crimes included human trafficking, drugs and rhino poaching,” he said.
He said the number of property owners who illegally converted their properties into guest houses had increased. According to Mr Crawford, members of the mayoral committees and directors of different department were called to the area to help stop the habit.
He added that stop orders were issued but developers continued building.
“At one property, 26 rooms were built in a single residence, in contravention of the bylaws. After pressure from the community, the owner has now applied for rezoning. On that application it is stated that the property will be rezoned into a guest house but it has been operating for two years as guest house,” said Mr Crawford. He said the proposed alterations are not in line with bylaws and health and safety regulations.
Another building had four storeys added illegally.
“These people were issued stop orders but they continued with the building. That means we have an illegal, four-storey building without parking for its occupants among the transgressions. It is a given, when you convert a single residence into a 30-unit property you will have about 30 cars that will need parking. That is how these developers end up illegally using the pavement,” he said.
Mr Crawford said when the residents inquired about the 60 properties that they believe are in contravention with the bylaws of the area, they were told the matter was with the council’s legal department.
“For the past 10 to 15 years, there has been no building that was demolished for being built illegally in Cyrildene. This has led to the degradation of the area and the increase of crime. There is a total disregard of bylaws. These developers are openly disrespecting the law and regulations. That is why we sent the matter to the Ombudsman,” Mr Crawford said.
The ward 118 councillor, Clr Mike Spadino, said the illegal building is also putting a strain on the infrastructure of the area. “It is putting a major strain on water, electrical and sewerage infrastructures which were not designed for such densification. This infrastructure has not been maintained for years. It is frustrating that this blatant disregard of town planning processes, national building regulations, heritage policy and bylaws for businesses and residents of the suburb, is ruining the aesthetics of the suburb and devaluing the resale value of properties. It is creating a deprived area. Ask yourself who wants to invest in such an area?” asked Clr Spadino.
He said the CoJ has to appoint more building inspectors in order to deal with the illegal buildings.
“The only way for the City to stop these illegal activities is for council to appoint more building inspectors and cut the red-tape regarding the demolition of buildings. If the stop notice is ignored the first time, the city should be able to demolish it immediately as they are breaking the law. A few test cases will make people think twice as they will be charged for this,” said Clr Spadino.
Following an enquiry to the City of Johannesburg, its executive manager; strategic communications and media, Ms Pearl N. Sokhulu, said the matter was being dealt with by the CoJ’s committee of council.
“The matter has been referred to the committee of council, which deals with such complaints. This committee is scheduled to sit before the end of October to deliberate on this,” she said.