Illegal Building Leads to Chaos in Johannesburg
Mar 272013
 

Rapid Urban Decay in Jozi Blamed on Illegal Building

Urban Johannesburg s Illegal Building Leads to ChaosThe City of Johannesburg has lost control of town-planning infringements, according to an article published in The Star newspaper at the beginning of February 2013. It seems they simply can’t stop them from happening.

The Accusations

In the article, Ros Greeff, the City’s member of the mayoral committee responsible for development planning and urban infrastructure, said that procedures were slow and not working. As a result, she claimed, they were leading to the rapid decay of many areas across the city.

This all came to public attention at a public meeting in Cyrildene (one of Johannesburg’s “better” suburbs) where angry residents voiced their concerns at the burgeoning number of building transgressions that have been occurring in the area. According to Ms Greeff, property owners are totally disregarding instructions, including court orders, that are issued by the local authority to stop illegal construction.

According to the article, the main concern in this part of the City is the building of additional rooms around residential properties intended to temporarily accommodate Chinese people moving into the country. The structures generally don’t comply with South African national building standards (SANS); but worse, they don’t adhere to proper health, sanitary or fire conditions either, and they inevitably cause overcrowding.

Both residents and ward councillors say that the City of Johannesburg has done absolutely nothing to stop this. They also maintain that telephone calls and emails that have logged many complaints get no response at all.

The current ward councillor for Cyrildene and Bruma, Alison van der Molen, maintains that in her ward alone, 1 200 transgressions of this type have been logged. She has stated  on record that not one of these has been acknowledged, and none have been acted upon.

She was quoted in The Star article as saying: “There are some old cases against illegal building going on in this area which date back to 2006 and which are still stuck in the legal system somewhere.”

The scary part is that in terms of the Municipal Systems Finance Act, the City’s council is obliged to provide feedback to all the complaints of residents. And this is clearly not being done.

Van der Molen says that residents and ward councillors have simply been ignored by the town planning department.

According to Rob Crawford from the local community policing forum, there have been no prosecutions or demolitions, and absolutely no visible signs of action that would discourage this type of lawlessness.

“Some of our complaints go back five years,” he told The Star. “No-one cuts illegal connections. People add rooms as they please, causing overcrowding and health issues.”

Councillor Carlo da Rochas, whose ward includes parts of Bez Valley, Kensington, Bertrams and Observatory, concurs. He maintains that entire “villages” are springing up in backyards in his ward. As a result he regularly sends photos, reports and e-mails to the town planning department, but never gets a response.

“Town planning has lost control over our wards. I have illegal businesses in almost every block in my ward. Neighbours are losing money in their investments and the council, therefore, loses out on revenue.”

Ronaldo Sorban of the Observatory Residents’ Association said that the blight was spreading to his area as well, and yet again, he claimed that no-one was listening to complaints.

“The rot has to stop.”

It’s not all bad though. According to Ros Greef positive things have already been achieved in Cyrildene. For instance, a survey has been conducted and out of 85 properties visited, 32 transgressions were found, 27 of which were illegal accommodation establishments. Of these 22 have been handed over to attorneys for legal action, and two court orders have already been issued. That’s really GOOD news.

But, she says: “The by-laws are not tough enough and the city has not been proactive enough. Even when we are alerted immediately at the start of building operations, and we issue stop orders, we are ignored, and once they have put a roof on the structure… we can no longer evict as the high court has ruled that we then have to find the occupants alternative accommodation.”

Action to be Taken

The mayor of the City of Johannesburg, Parks Tau has asked Ms Greeff to put together a new task team to specifically address this issue.

“We are looking at solutions which will include immediate demolition by JMPD, transferring the matter from the high court to the magistrate’s courts, reintroducing fines, and involving the SAPS and laying of criminal charges.”

We wish her luck and success in her endeavours.

  8 Responses to “Illegal Building Leads to Chaos”

Comments (8)
  1. A house across the road from me has been bought by a Nigerian and he is building lots and lots of little rooms to rent out for accommodation. The builders will not allow me onto the property and they tell me the owner said they are not allowed to tell anyone what they are building. I am sure the building is illegal as the structures are being built right up to the boundary wall on the main street. The owner is never there. How can I pursue this matter? Do I have any recourse? Is there anyone out there who can help?
    Thank you
    Tee.

    • Tee it certainly does sound illegal. Contact the local authority planning department and ask them to send a building inspector to investigate as a matter of urgency.

  2. We bought a smallholding in the George municipal area recently. On the property is an old ‘Plettenberg’ caravan that seems to have been there for at least 20 years. The ‘caravan’ is supported by steel jacks and the tyres are still on it, but flat. The caravan does not have any brick or concrete columns or foundation and it is supported solely by the jacks.

    The neighbour, who has trespassed several times on the property when we are not there (and cannot see the caravan from his property), has submitted a complaint about an ‘illegal structure’ on our property. This was done after I asked him to call his barking and aggressive dog off our property as it was targeting my 82 year old mother while she was walking in our driveway. Subsequently, we received a registered letter from the municipality demanding that we remove it within 30 days.

    As we understand it, the caravan is not a permanent structure and therefore not illegal.

    Please can you clarify the law regarding this please?

    • Hi Jane, It all depends on the municipality, some want formal permission for a “temporary” structure whilst others not. The best is to contact them directly and put the case to them. Legally they might have set a precedent by allowing it to stand for so long that you should not need permission, but I suggest that you ask legal advice on that. You can, on the other hand report his dog being a threat and a nuisance. The best way always is to have a meeting with the neighbour and try to sort it out amicably.

  3. There is a illegal guesthouse going up without a consent and building plans
    Nr.262 Spencer ave. Chartwell north estate

  4. How can I confidentially report illegal building development in a gated estate and without the regional building inspector becoming involved?

    • Iain you can’t. You need to report the matter to the planning department of your local authority, and they are likely to send in a building inspector to investigate.

 Leave a Reply

(required)

(required but will remain confidential and not be published)