Cape Town to clamp down on equipment used for illegal construction

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31-07-2024
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Cape Town Etc
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Residents can now comment on the City of Cape Town’s new municipal planning by-law (MPBL), which would enable the impoundment of machinery and equipment used for illegal construction work.

Alderman Eddie Andrews, the City’s Deputy Mayor and Mayco member for spatial planning and environment, says the proposal gives the City power to take quick action if developers keep building illegally after being told to stop.

‘Some developers ignore the orders, and continue their construction work as they are prepared to pay the fines involved. In the meantime, and given the fact that these matters often take considerable time to be concluded in court, the surrounding communities are impacted while we are seeking legal recourse.’

The by-law includes the powers to also impound movable property of the owners of said movable property, as well as those belonging to the contractor.

‘This is to close any loopholes,’ says Andrews.

‘By adding this provision we trust that those who ignore the Municipal Planning By-law and notices issued in terms of the National Building Regulations and Building Standards Act no 103 of 1977 will think twice before doing so.

‘The proposed provision does not apply to motor vehicles. I encourage residents and interested and affected parties to peruse the proposed revised by-law, and to submit their comments.’

Some of the proposed conditions include:

• The land owner, contractor, and third-party owner risk impoundment of their movable property if the owner disobeys or causes the contractor to disobey the stop work order
• The owner must notify a contractor and third-party owner of an order to stop work within five days of the issue
• The City may issue the notice of its intention to impound moveable property to the person in charge of the work; display the order at the entrance to the property where the illegal work is taking place; or by email
• The affected parties will have the opportunity to give representation to the City as to why the property should not be impounded
• The power to impound is discretionary
• Obstruction or preventing the impoundment is an offence
• The impounded property will be released on payment of the administrative penalty fee, as well as the costs of removal and storage
• The City may apply to a court for leave to sell or dispose of impounded property that is not reclaimed within the applicable time frames

‘The proposed amendments and new provisions must ensure the MPBL is responsive to Cape Town’s unique built environment and social reality. It also reflects the outcome of litigation in this space,’ Andrews adds.

‘For example, recently the Mayor upheld the Municipal Planning Tribunal’s decision to impose a record R1 million penalty for unauthorised building work in Bellville. Despite the City ordering a notice to stop construction in September 2022, the developer continued to build and then tenanted the unauthorised apartment block.

‘Eventually, the City had to approach the High Court for relief, and we successfully obtained an order only by October 2023.

‘This case demonstrates the challenges the City faces when dealing with unauthorised building work. I believe the new proposed impoundment provision will assist us in dealing with those who display a flagrant disregard of our building and planning regulations.’

The proposed amendments and new provisions to the MBPL can be accessed at www.capetown.gov.za/haveyoursay.

The closing date for submissions is 23 September 2024.