A property developer in Cape Town must pay R1 million in penalty costs after constructing an unauthorised apartment block in Bellville.
Also read: Acsa welcomes arrest of 70-year-old drug mule at CT International
On Monday, the City of Cape Town announced that Mayor Geordin Hill-Lewis upheld the municipal planning tribunal’s decision to impose the hefty penalty. The developer not only ignored orders to halt construction but also began renting out the 22-unit building.
The City’s stringent stance on building violations follows the collapse of an apartment block under construction in George, Western Cape, in early May, which resulted in 34 deaths. Investigations are ongoing.
Hill-Lewis stated, ‘[In] Cape Town we are working to build a society based on the rule of law, and that the flagrant disregard of building and planning regulations cannot be tolerated. The law is not only for some, it is for all.’
The building, which includes a two-story apartment block, covered parking, and a refuse room, is located in Sunkist, Bellville. The site is zoned for single residential use, allowing only one residence and related buildings covering no more than 50% of the site.
The city noted that occupying the building without necessary safety and building plan approvals, land use rights and occupation certification poses a safety risk to tenants. ‘Following a letter of demand by the City’s lawyers in December 2022, the developer agreed to ensure the vacating of all tenants, but by March 2023 it was clear there was no serious intention in this regard,’ the statement said.
The city sought relief from the High Court in May 2023 and obtained an order in October declaring the building and its occupation unlawful. The developer was ordered to apply for a penalty determination and comply with all lawful development processes for the site. ‘Given the flagrant non-compliance and scope of unauthorised building work, the municipal planning tribunal handed down a R1 million penalty,’ the city said.
The developer appealed the tribunal’s decision, but Hill-Lewis upheld the penalty. In his appeal outcome report, the mayor noted that the developer could not reasonably claim to have been ill-advised by professionals, as they had committed similar violations in 2021 with the construction of 14 apartments on two different plots in Bellville. The developer now has 20 calendar days to pay the fine and must comply with all lawful processes regarding the unauthorised building under the city’s Development Management Scheme.
‘Should the criteria to regularise the building work not be met, this may result in the City approaching the court for a demolition order,’ the City added.
Also read:
Picture: Screenshot / Google Maps