Problem Building By-Law
Category Advice
The City of Cape Town has seen rapid urbanisation over the last two decades, which has resulted in an unprecedented increase in property prices. However, problems arise when there is a particular property in the neighbourhood which is unsightly or dilapidated, resulting in the neighbouring properties losing value.
In an attempt to address the increasing number of complaints related to problem buildings, the City of Cape Town has passed the Problem Building By-Law which aims to combat urban decay by regulating the health and safety risks posed by dilapidated buildings in the city.
The by-law defines problem buildings as “any building that appears to have been abandoned or is derelict or overcrowded, or is becoming unhealthy, unsanitary, unsightly or objectionable, or is the subject of a written complaint about criminal activities”.
This by-law is a tool which the City can use to act against owners who refuse to respond to various calls by the community to fix their dilapidated properties. Prior to the inception of the Problem Building By-Law, it was very difficult to force the property owner to take responsibility for fixing the problem buildings. The Problem Building By-Law widens the definition of the “owner” on whom notices may be served to include anyone who is in control of the property, regardless of whether such person’s name is on the title deed. The by-law further tightens up and streamlines the process to be followed to ensure action against the owner in cases of non-compliance.
The by-law sets out the process for declaring a building a problem building. It provides that an authorised official shall inform the owner of his or her intention to declare the building a problem building. The owner shall have a period of seven days in which the owner may make representations on why the building cannot be declared a problem building. After these presentations, should the City official declare the building a problem building, a notice will be served on the owner listing the contraventions and instructing the owner amongst others – to clean, repair, repaint or secure such building within a predetermined timeframe. Should the owner fail to make repairs as provided for in the notice within the timeframe provided, the by-law makes provision that the City will undertake these repairs on behalf of the owner and will claim the costs associated with such repairs from the owner.
The by-law provides that the owner shall have a right of appeal in terms of section 62 of the Local Government: Municipal Systems Act 2000, should his or her building be declared a problem building.
In order to help implement the provisions of the by-law, the City of Cape Town has established a problem building unit which focuses specifically on the criminality associated with problem buildings. The unit also serves as the first port of call for people wishing to complain about deemed problem buildings in their areas.
The by-law not only helps the City to identify and deal with problem buildings, it also seeks to restore and renovate the buildings rather than demolish them. In cases where buildings cannot be restored properly, the owners will be consulted to explore other options and, where necessary, the by-law may be used to facilitate the sale or demolition of problem buildings.
If you wish the problem building unit to investigate a building which you consider may fall within the parameters of the by - law, you may contact them on 021 596 1999.
Bisset Boehmke McBlain Attorneys
Author: Bisset Boehmke McBlain Attorneys
