Contractor lands property owner in hot water
A contractor has landed a local property owner in hot water after it was discovered that the work he had undertaken was done so illegally.
A LOCAL property owner employed a building contractor that landed him in hot water after he found that the building work he had paid for was done illegally.
Ash Gaibies, who already built one boarding house in Mariannridge Road and undertook to build another in Shirvic Crescent in Mariannridge, is now in a legal battle with the contractor who had guaranteed him all his work was above board.
According to Gaibies’ legal representative from Desai and Associates, Ridwaan Desai, the contractor misled him as to what the property was zoned for.
“The contractor also misrepresented what council had said by advising my client that procedures were followed and that approval was obtained,” Desai said.
He added that Gaibies was always assured that written approvals were on their way from council.
According to Desai, it was only after he had questioned his client on a few issues that didn’t appear right that Gaibies questioned the contractor. He said Gaibies eventually became aware of what was going on when the municipality informed him.
“At that stage the contractor was dismissed and my client attempted to do damage control and to ascertain what the exact problem was,” Desai added.
He said Gaibies is in the process of meeting with the municipality to discuss the issues raised.
eThekwini Municipality confirmed that the rezoning and building work undertaken at the properties in question were identified as unauthorised.
“In terms of Section 4 of the National Building Regulations and Building Standards Act as amended, notices were served followed by fines being issued to the owner. Work has stopped at Shirvic Crescent and the site is being monitored regularly.
“It has been confirmed that the house on Mariannridge Road is also being used as a boarding house, which is contrary to the requirements of the Pinetown Town Planning Scheme in the course of preparation. A notice has also been issued to the owner for the unauthorised usage. Both properties will be monitored regularly in order to ensure compliance with the applicable legislation,” said eThekwini Municipality’s head of communications, Tozi Mthethwa.
