Mogale to introduces new by-law to address 'problem buildings'
Mogale City is taking a tougher stance on neglected and illegally occupied properties, with a proposed new by-law expected to have major implications for property owners and residents alike.
Mogale City Local Municipality has introduced a proposed Problem Building By-law aimed at addressing the growing number of derelict, abandoned, hijacked and illegally occupied buildings across the municipality, particularly in the central business district and surrounding areas.
The municipality said the draft by-law responds to rising concerns over public safety, health risks, criminal activity and economic decline linked to neglected properties. Officials believe it will support the municipality’s broader inner-city revitalisation strategy and improve conditions in affected communities.
According to the municipality, the National Building Regulations and Building Standards Act, No 103 of 1977, does not sufficiently address the challenges posed by problem buildings. While the Act focuses primarily on dilapidated or structurally unsafe buildings, the proposed by-law expands the definition to include abandoned, overcrowded, unsanitary, hijacked, illegally occupied and non-compliant buildings, as well as those linked to criminal activity.
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Municipal officials said neglected properties remain a serious concern, particularly in older commercial and residential areas, where they contribute to crime, unsafe living conditions and urban decay. The municipality also noted that illegally occupied buildings impact revenue collection through illegal electricity and water connections, as well as non-payment of rates and services.
To address the issue, the municipality has established an Abandoned Buildings and Problem Buildings Task Team comprising senior management, legal services and relevant municipal departments. Some matters have already been referred to municipal attorneys for legal intervention.
The proposed by-law sets out a formal process for identifying and investigating suspected problem buildings. Authorised officials will conduct inspections, assess safety and occupancy conditions, and issue notices to property owners where non-compliance is identified.
The Department of Community Development Services will oversee investigations, while the Human Settlements Department will co-ordinate enforcement actions to ensure compliance with relevant legislation and constitutional requirements.
Property owners found to violate the by-law may be required to repair, secure or rehabilitate buildings. In cases of continued non-compliance, the municipality may issue compliance notices and pursue legal action through the courts, including eviction proceedings or demolition applications where buildings pose serious risks to occupants or the public.
The municipality has also confirmed a co-operative agreement with the police and provincial safety departments to jointly address hijacked and abandoned buildings. The issue has been identified as part of the Gauteng Premier’s G13 priorities.
Officials stressed that all actions involving occupiers will comply with relevant legislation, including the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act and the Extension of Security of Tenure Act.
“Through the proposed by-law, the municipality seeks to create safer, healthier and more sustainable communities while addressing urban decay and improving service delivery,” said Adrian Amod, head of Mogale City’s corporate communications.
Residents are encouraged to participate in the public consultation process and report suspected problem buildings. Public comments on the draft by-law are open for 30 days. If approved, the by-law is expected to come into effect during the 2026/ 27 financial year.
