The City of Cape Town is proposing amendments and new provisions to the Municipal Planning By-law (MPBL) that regulates development and land use in the city. One of the proposed new provisions will enable the City to impound moveable property – amongst which machinery and equipment – that is being used for illegal building work when an order to stop work is ignored. The revised MPBL is now available for comment and residents and interested and affected parties are encouraged to submit their input by 23 September 2024. Read more below:
‘We have added this proposed provision to the by-law to give the City immediate recourse in situations where developers continue with illegal building work, despite us issuing an order to stop work. Some developers ignore the orders, and continue their construction work as they are prepared to pay the fines involved. In the meantime, and given the fact that these matters often take considerable time to be concluded in court, the surrounding communities are impacted while we are seeking legal recourse.
‘This proposed addition not only allows the City to impound the developer’s movable property, but also those belonging to the owner of the said moveable property and those belonging to the contractor involved in the illegal work – this is to close any loopholes. By adding this provision we trust that those who ignore the Municipal Planning By-law and notices issued in terms of the National Building Regulations and Building Standards Act no 103 of 1977 will think twice before doing so. The proposed provision does not apply to motor vehicles. I encourage residents and interested and affected parties to peruse the proposed revised by-law, and to submit their comments,’ said the City’s Deputy Mayor and Mayoral Committee Member for Spatial Planning and Environment, Alderman Eddie Andrews.
The proposed amendments and new provisions to the Municipal Planning By-law (MPBL), as well as the explanatory documents are available on the City’s website at www.capetown.gov.za/haveyoursay
Comment online, at www.capetown.gov.za/haveyoursay
Submit a comment by Email: lums@capetown.gov.za
The closing date for submissions is 23 September 2024
The relevant clause on ‘Impoundment’ is included under Part 6, sections 135A – 135G.
Some of the proposed conditions:
- The land owner, contractor, and third-party owner risk impoundment of their movable property if the owner disobeys or causes the contractor to disobey the stop work order
- The owner must notify a contractor and third-party owner of an order to stop work within five days of issue
- The City may issue the notice of its intention to impound moveable property to the person in charge of the work; display the order at the entrance to the property where the illegal work is taking place; or by email
- The affected parties will have the opportunity to give representation to the City as to why the property should not be impounded
- The power to impound is discretionary
- Obstruction or preventing the impoundment is an offence
- Impounded property will be released on payment of the administrative penalty fee, as well as the costs of removal and storage
The City may apply to court for leave to sell or dispose of impounded property that are not reclaimed within the applicable timeframes
‘The proposed amendments and new provisions must ensure the MPBL is responsive to Cape Town’s unique built environment and social reality. It also reflects the outcome of litigation in this space.
‘For example, recently the Mayor upheld the Municipal Planning Tribunal’s decision to impose a record R1 million penalty for unauthorised building work in Bellville. Despite the City ordering a notice to stop construction in September 2022, the developer continued to build and then tenanted the unauthorised apartment block. Eventually, the City had to approach the High Court for relief, and we successfully obtained an order only by October 2023.
‘This case demonstrates the challenges the City faces when dealing with unauthorised building work. I believe the new proposed impoundment provision will assist us in dealing with those who display a flagrant disregard of our building and planning regulations,’ said Alderman Andrews.
Issued by the City of Cape Town 