Introduction
This article examines the legal rights of property owners and occupiers when dealing with illegal buildings (which are buildings that are built contrary to the approved plans on file at the municipality, or buildings that are built in contravention of any zoning, town planning, or title deed condition or restrictive covenant).
The Law
This issue is regulated by the National Building Regulations and Building Standard Act 103 of 1977 (“NBS”), the Promotion of Administrative Justice Act 3 of 2000 (“PAJA”), the Constitution of the Republic of South Africa (as amended) 108 of 1996, and our common law (made up of judgments).
Responsibility for Enforcement
In terms of the NBS, it is the responsibility of the local authority (i.e. the municipality) to enforce compliance with the relevant statutory building laws. This essentially means that when you are faced with a situation where you would like to prevent the continued construction of an illegal building, or obtain demolition of that illegal building, you should first approach the building department at the applicable municipality for assistance. It is its duty to enforce the relevant statutory laws and ensure that illegal building is dealt with in terms of same. If the illegal building continues despite warnings given by the municipality to stop (or to demolish), then the municipality is empowered to approach a court for a demolition order or an order preventing further illegal building.
Read the full article on Schindlers website: Illegal Buildings
Authors
Chantelle Gladwin
Partner at Schindlers Attorneys
Phone: +27 (0) 11 448 9678
gladwin (AT) schindlers.co.za
Tenielle Combrink
Candidate Attorney at Schindlers Attorneys
Phone: +27 (0) 11 448 9670
combrinck (AT) schindlers.co.za
