A legal battle between neighbours in eMadamini Section, Wesselton Ext 6 is brewing, after a complainant (name withheld) reported her neighours to the municipal authorities for encroaching on her stand.
The complainant maintains that the building of her neighbour (Accused 1) encroaches on her yard by almost two metres and that the accused has repeatedly refused to demolish the structure, even after the municipality sent a final notice dated 16 February 2015 prompting them to submit building plans or demolish the part of the building that overlaps the neighbouring site.
Accused 2 (name also withheld) is accused of their roof overlapping the complainant’s house.
The municipality has since served both of the accused with final notices, but there has been no reaction.
Responding to the newspaper’s enquiries, municipal spokesman Mr Mandla Zwane said the town planning scheme and its relevant acts dictate that all residents must submit building plans before the construction of any structure, additions to an existing structure and extensions of an existing structure.
Responding to the complainant’s, he said several site inspections were conducted with the complainant on the stand in question.
“Regarding Acccused 1, the complainant was advised to seek the services of land surveyors to determine the extent of the encroachment.
Upon diagnosis of the problem on site by the building inspector, it was found that the roof construction of Accused 2 did not comply with relevant SABS specifications and National Building Regulations,”said Mr Zwane in an e-mail.
When asked about the legal implications of ignoring the final notices, Mr Zwane said after the municipality had exhausted all avenues, which included verbal and subsequent written notices to the accused to rectify the problem, legal action will include but not be limited to getting a court order for the contraveners to comply with.
He added that the municipality has conducted a land use and building contravention survey for the whole municipality and has an overall picture of the extent of contraventions.
Furthermore, the town planning and building section has been beefed up with three additional inspectors, who will aid the physical verification exercise of similar cases which will be prioritised for legal action.
“We therefore urge those in the community of Msukaligwa who have in any way contravened the Municipal Land Use and Building Laws to come forward and assist the process.
The Municipality is also in the process of seeking a service provider who will be contracted to Council and as part of their scope of work assist in the confirmation of stand boundaries in low-cost/low-income communities, who cannot afford such services whenever faced with such cases. We are confident that this will assist the Municipality,”said Mr Zwane.
For free breaking and community news, visit our websites:
Ridge Times, Standerton Advertiser & Highvelder
Like our Facebook page and follow us on Twitter.
For news straight to your phone invite us:
BBM – 2667A726
WhatsApp – 0748877590
