Midvaal warns against the purchase of illegal houses and stands in a private housing development

Midvaal Local Municipality last month issued a warning to residents requesting them to refrain from purchasing illegal stands and houses in a private housing development taking place at Plot 116 Elandsfontein 334 IQ.

Following the publication of the warning,  several enquiries were made to the Municipality by residents who had paid the developer money for stands and houses with no legal or proper documentation issued.

Investigations conducted today revealed that the developer is onsite during this Lockdown Period and is busy with plumbing works on these illegal houses with the intention of selling them to Midvaal residents.

We hereby reiterate that this development is ILLEGAL. The illegality of this property is due to the following reasons;

• The property is currently zoned “Rural Residential” and hence does not have high-density residential rights. This means that at the present moment, only 1 dwelling house can be accommodated/constructed on the property. The houses under construction is presently over 30. These housing structures are illegal.
• No Land Use applications such as Rezoning, Township Establishment or Sub-division applications, have been submitted to the Municipality for consideration. Without these applications, the developer cannot have land use rights to undertake the ongoing construction. Without the above-mentioned applications submitted and approved by the Municipality, any house purchased, will remain the property of the developer and will not be transferred to the purchaser. No transfer of property ownership can take place as necessary required applications have not been approved.
• No Building Plan applications have been submitted to the Municipality. Without the submission and approval of building plans, inspections cannot be carried out by the Municipality’s Building Inspectors to ensure that the structures constructed meet the National Building Regulations and are safe for human occupation. A Certificate of Occupancy (COO) cannot be issued to the buyers of properties. It should be noted that, the Municipality can only issue a COO once it is satisfied that a building is fully completed in accordance with the approved building plan, all conditions of approval and other municipal requirements have been met and that all necessary compliance certificates (structural completion, electrical, plumbing, etc.) have been issued. By law, no structure can be occupied without the Certificate of Occupancy.

Based on the above, residents are discouraged from paying any money to this developer for the purchase of stands and houses. Residents are advised to verify the legalities of properties or projects advertised for sale with the Municipality prior to purchasing. This is to prevent residents from losing their money to scammers. Residents who have already purchased stands or houses from this illegal development are urged to open criminal cases at the nearest Police Stations against the developer.

It should be noted that the Municipality issued a Non-Compliance Notice to the developer to cease ALL activities on site. The developer however has not adhered to the notice issued. The Municipality’s attorneys have therefore been advised to expedite the legal processes against this developer.

The Municipality strongly condemns this illegal development and call upon all persons involved to desist from this illegal activity and misleading our poor communities in desperate need of decent housing. In the meantime, the community is advised to kindly refrain from purchasing illegal stands and houses in this private development as they cannot obtain title deeds transfer/security of tenure or occupations of any structures/houses constructed on the property. People who buy illegal stands/houses in this development are putting themselves at risk as they will not assume ownership.

For any further queries kindly contact the Midvaal Housing Section via email sylvian@midvaal.gov.za