The City of Ekurhuleni said investigations around illegal activities at properties in Klopperpark started in 2020. Spokesperson for the city Zweli Dlamini said a high number of additional buildings in an area can have an impact on services provided because the system would be overloaded.
He said the time it takes to investigate each case differs as each would be assessed on its merit.
“Several properties had erected additional structures without approved building plans and others deviated from approved building plans, and others were not contravening the building regulations; however, they contravened land-use rights of the area,” Dlamini said.
He said under Residential One, zoning properties can have a density of only one dwelling per stand or erf.
“However, outbuildings subservient to the main use can be built in accordance with the Ekurhuleni Town Planning Scheme of 2014.”
In an enquiry to the City, the NEWS questioned how many persons were allowed to stay on a property zoned under Residential One.
“The issue of overcrowding has to be determined by the permissible population as per Regulation A21: Population.”
The regulations state the population of any room or storey or portion thereof shall be taken as the actual population of such room, storey or portion thereof where such population is known.
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“Where such population is not known, the population shall be calculated from the criteria given in Table 2. Table 2 design population stipulates a property that falls under the category of H4 (dwelling house – occupancy consisting of a dwelling, units on its site, including a garage and other domestic outbuildings, if any) shall be calculated according to two persons per bedroom,” Dlamini said.
He added that cognisance needs to be taken of challenges officials encounter on site. “Most officials who are tasked with conducting such inspections have not witnessed more than the permissible number of occupants during the times inspections were conducted.”
Dlamini advised that properties with additional rooms should be zoned under Residential Three. In cases where properties are zoned incorrectly, a contravention notice is issued and the transgressor is advised to follow due process. He confirmed that during recent inspections in Klopperpark, approximately 12 notices were issued.
“It was also discovered that some properties were complying with building regulations but contravening land-use rights. “Due to the pandemic, we received several pleas for extension of these notices from owners so they can prepare necessary documentation and appoint professionals to undertake these tasks.”
Dlamini added that due to the financial implications involved, most property owners plead for leniency from the City. “We must also consider alternative dispute resolutions in such cases, as the legal department has stated they have several cases and we need to assist with not sending all complaints to the legal department but to try and resolve matters with both parties,” he said.
Once a matter is handed to the legal department, “the department and the City Planning Department first engage with the property owner to try and achieve compliance with the necessary laws”.
Should this fail, the legal department would initiate a court proceeding to interdict the property owner from the building without approvals and seek an order to demolish the building.
“Legal proceedings are subject to the rules of court. An estimated period is three months to obtain an order, but if the application is opposed then the period will be longer.”
Dlamini added that the desired outcome for legal proceedings was to stop the illegal activity, and or to demolish the illegal construction. The estimated legal costs of the proceedings, according to Dlamini, could be more than R50 000.
“The costs are carried by the legal department but will be recovered from the property owner.”
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