Why Tshwane fails to stop illegal property projects

The City of Tshwane says that due to its financial troubles it has limited resources to deal with illegal property developments in the municipality.

The metro was responding to the SA Property Owners Association (Sapoa), which escalated its calls for action against the proliferation of illegal multimillion-rand developments in Tshwane.

City spokesperson Lindela Mashigo said that the municipality was aware of and had received many complaints regarding illegal property developments, illegal townships, and unapproved buildings within its boundaries. 

“The city is mindful of some illegal property development and these ... are dealt with in terms of the provisions of the Land Use Management bylaw, and the National Building Regulations and Building Standards Act through law enforcement processes which will include inspections, serving contravention notices on the ‘owner’, after criminal procedures through the municipal courts, high court applications for interdicts and demolition, and the adjustment of their rates to a ‘non-permitted land-use’ category,” Mashigo said. 

The rating for non-permitted land uses was higher than that for lawful land uses, he said, adding that to tackle the issue the city had set up two service in boxes where illegal land-use activities could be reported and tracked.

In addition, the city launched the Integrated By-law Enforcement Centre (Ibec), bringing together multiple departments to tackle bylaw violations across the city. Addressing illegal buildings and townships was a priority of the centre, Mashigo said.

“It should be noted that the City of Tshwane is under huge financial pressure and that resources are limited in dealing with illegal property developments within the municipality. The recommendations made by Sapoa to increase resources are noted. The area, however, faces a number of constraints in doing law enforcement that are worth mentioning, but they are not limited to those mentioned herein,” he said. 

Sapoa, which represents the commercial property sector and counts Growthpoint, Emira, and Vukile among its members, has voiced concern about uncontrolled expansion, saying it threatened legitimate investments and had created concern among members, whose properties were affected.

“Illegal developments undermine the investments of compliant property owners, who face a range of negative impacts — from declining property values to increased crime rates and service interruptions,” Sapoa CEO Neil Gopal said. “We are particularly alarmed at the normalisation of flouting development regulations, which ultimately decreases oversight in property.”

majavun@businesslive.co.za