Dilapidated homes a neighbourhood menace
Property owners have rights, even with small irritations such as an overgrown neighbouring garden.
There is nothing worse than watching the value of your property being brought down by a neighbour’s abandoned, dilapidated or illegally occupied property.
But what options are available to property owners to remedy the situation and protect their most valuable asset?
Local Real Estate’s Graham White said prospective buyers take such problems into account when making purchase decisions, impacting the sale price.
“The effect is obviously a negative one, with squatting, criminal activity, safety and general aesthetics in the area contributing to declining value of properties,” said White.
But property owners have rights, even with small irritations such as an overgrown neighbouring garden.
A trip from Ballito to Sheffield Beach last week saw the Courier identify three problem homes, all of which appear to have been entirely abandoned.
Two were abandoned in various phases of construction. This included a Kudu Road, Ballito property that has been a bone of contention for several years.
Structurally failing and dilapidated, the abandoned home has been hanging onto the edge of the shoreline at Willard Beach since the severe storm of 2007.
Past visits to the property revealed evidence of habitation by vagrants, drug use and graffiti.
In cases like this one, it is advised that neighbouring residents contact their municipality or ward councillor, said KwaDukuza municipality spokesperson, Sifiso Zulu.
Under the Problem Buildings By-law adopted by KwaDukuza in 2019, property owners who fail to maintain their property will be liable for costs incurred by the municipality to remedy the situation (for example, verges or garden not being maintained).
“The process of declaring a building a “Problem Building” involves identifying the building, notifying the owner in writing to fix it, and if there is no positive response, then the building can be classified as such,” said Zulu.
The municipality can then take action, which involves:
• Obtaining a court order to compel the owner to rectify or demolish the building. Should the owner not comply, the municipality would be able to demolish the property at the expense of the owner.
• The municipality can, in terms of the Council Rates Policy, declare a building illegal. The property owner will then be charged a punitive property rate which is five times the normal rate. This intervention can be implemented at any stage in the process which the municipality deems fit. This has proven to be effective in forcing offenders to respond quickly.
“The process is always guided by the principles of natural justice, whereby the owner is offered a fair opportunity and time to attend to the problem before the municipality introduces punitive measures,” said Zulu.
Since the implementation of the by-law, KwaDukuza has identified 28 buildings which are in various stages of processing. Four buildings were declared as problem buildings.
Owners of six properties remedied the problems, which saw their buildings removed from the list, while 10 properties were flagged under either unauthorised, illegal or abandoned.
“Residents have a right to report these types of properties to the municipality. The Development Enforcement Department is the custodian of the by-law and its implementation,” said Zulu.
Report abandoned, dilapidated or illegally occupied buildings via email to KDM at either arlann@kwadukuza.gov.za, MbaliM2@kwadukuza.gov.za or PhumlaniN@kwadukuza.gov.za.
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