Article re-cap
- The City of Cape Town can now impound machinery and moveable property used during unauthorised construction work if stop-work orders are ignored.
- Officials have the authority to seize equipment belonging to developers, owners, or contractors involved in illegal building activities.
- An amendment to the municipal planning bylaw allows for immediate recourse when owners continue construction despite receiving a stop-work order.
- The City of Cape Town employs 76 building inspectors who conduct an average of 16,000 inspections per month across the metro.
The City of Cape Town has gained new powers to impound machinery and equipment used during unauthorised construction work when stop-work orders are ignored.
The City Council approved an amendment to the municipal planning bylaw in June last year. This change allows officials to seize moveable property, such as machinery, being used for illegal building activities.
Deputy Mayor and Mayco member for Spatial Planning and the Environment, Eddie Andrews, said the provision was added to provide immediate recourse when owners continue construction despite a stop-work order. He noted that some owners continue work because they are prepared to pay fines, and court processes often take considerable time to conclude.
The City can now impound moveable property belonging to the developer, the owner, or the contractor involved in illegal work. In four cases where notices of intent to impound were issued, the illegal building work stopped immediately, according to the City.
The City employs 76 building inspectors who conduct an average of 16,000 inspections per month across the metro. The most common contraventions involve building without an approved plan or deviating from approved plans, mostly by private individuals.
According to Andrews, the new enforcement regime aims to address a culture of disrespect towards municipal planning bylaws and national building regulations. He stated that contractors may avoid risking equipment impoundment when property owners fail to follow due process for approved plans.
Frequently asked questions
What new power does the City of Cape Town have to stop illegal construction?
The City can now impound machinery and equipment being used for unauthorised construction work when stop-work orders are ignored. This applies to moveable property belonging to the developer, owner, or contractor involved in illegal building activities.
Why did the City decide to add impoundment powers to its planning bylaw?
Some property owners continued construction despite stop-work orders because they were prepared to pay fines, and court processes took considerable time. The impoundment provision provides immediate recourse to stop illegal work without waiting for lengthy court procedures.
How effective has the new impoundment power been so far?
In four cases where notices of intent to impound were issued, the illegal building work stopped immediately. The City aims to address what it describes as a culture of disrespect towards municipal planning bylaws and national building regulations.
What are the most common building violations the City's inspectors encounter?
The most common contraventions involve building without an approved plan or deviating from approved plans, mostly by private individuals. The City's 76 building inspectors conduct an average of 16,000 inspections per month across the metro.
Source: novanews.co.za
