City urges property and business owners to comply with by-laws to avoid fines

Property owners and potential entrepreneurs are warned to follow Ekurhuleni’s Land Use Scheme and by-laws to avoid unnecessary fines.

According to Ward 18 Clr Heather Hart, using incorrectly zoned property could end in administrative penalties from the city.

Hart, the Shadow MMC of City Planning, said this warning comes after a property owner in Edenvale incurred such penalties after their tenant started to operate a business on a property that was not zoned for such.

“This is a polite warning to property owners who use their properties for use that it is not zoned for or for which they do not have consent to use.

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“These individuals face financial penalties of between R500 and R5 000 a day depending on the type of contravention and where it is located,” said Hart.

According to Hart, illegal property use is a problem across the city.

She said that in Edenvale, the most common contraventions include motor vehicle workshops, spray painting, the manufacture of goods, and room rentals.

Hart explained that if a motor vehicle workshop is operating in a residential area, the property owner could likely face administrative fees of R5 000 because the business is considered industrial.

She said this warning applies to property owners and landlords.

She said if a tenant runs a business improperly from a landlord’s property, the landlord will incur the penalties.

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“All landlords must ensure they know what is happening on their property.”

She said if their tenants are operating a business, it must comply with the CoE’s Land Use Scheme of 2022 and its spatial planning land use management by-laws of 2019.

Hart said if a person uses a property to generate income, they must check with the local City Planning Department to see if that business is allowed in that area.

Although the city is cracking down on illegal land use, several exemptions are listed on page 69 of the Land Use Scheme.

These include home enterprises such as home industries and administrative and professional services.

These include but are not limited to insurance agents, clerical work, editors, photographers, bookkeepers, dressmaking, tailoring, baking, pottery or jewellery making.

Hart said to avoid contravening the Land Use Scheme and by-laws, property owners and business owners must confirm if the property is correctly zoned for the business.

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She said if it is not and the municipality issues a notice, they must not ignore it.

“Go to your City Planning Department at the Customer Care Centre to see if the property can be rezoned for its intended use.”

She said if property owners and business owners ignore notices, administrative penalties will accumulate on the property owner’s municipal account.

“This will lead to CoE disconnecting the electricity.”

Hart said community members must stay alert and report any unusual business activity in their neighbourhoods.

She said they can report suspected contraventions to local councillors, Customer Care Centres or the City Planning Department.