New by-law to tackle unsafe and invaded buildings

The Tshwane Metro has approved a new by-law aimed at addressing unsafe, abandoned, and illegally occupied buildings across the city.

The Problem Building and Property Management By-law, developed by the Department of Economic Development and Spatial Planning, was approved by the City Council on June 26.

The by-law establishes a regulatory framework for dealing with problem buildings and abandoned properties.

MMC Sarah Mabotsa said the by-law clearly sets out the responsibilities of property owners and the processes the metro can follow when buildings become neglected or unsafe.

“The by-law outlines the responsibilities, duties and liability of owners of buildings, the process and circumstances under which the metro may follow to declare a building a problem building, and the options available to address problem buildings,” said Mabotsa.

She added that enforcing the by-law would contribute to improving conditions across the city.

“The implementation and enforcement of this by-law will help to improve the state of our city, deal with illegally occupied buildings and help create a conducive environment for growth and development in the metro,” she said.

Mabotsa said under the new by-law, property owners are required to maintain their buildings in a safe condition.

“Where buildings or parts of buildings become derelict, owners must prevent access to those areas and obtain the necessary demolition permits where applicable. If an owner fails to take the required action, Section 13 of the by-law allows the city to approach the courts for the appointment of an administrator to manage the problem building or property,” she added.

According to her, a court-appointed administrator may collect rent from occupiers, pay municipal charges such as electricity, water, sanitation, rates and taxes, and oversee the maintenance, repair or renovation of the building. Any expenses incurred by the administrator may be recovered from the property owner.

“The by-law also provides that, where owners fail to carry out remedial measures and recovery of costs is unlikely or municipal services are affected, the municipality may seek to expropriate the property through the courts in terms of Section 17,” said Mabotsa.

She stated that all the metro’s departments supported the by-law, while legal services confirmed that it is rational, lawful, consistent with municipal powers and legally defensible.

“The by-law defines an abandoned building or property as one that has been deserted or permanently vacated by its owner, while a problem building or property is declared through the process outlined in Section 11 of the legislation,” she said.

Mabotsa said the by-law forms part of the city’s efforts to revitalise the inner city and address abandoned and hijacked buildings.

“The multiparty coalition government is committed to revitalising the economy and inner city of Tshwane. This new by-law provides stronger mechanisms to ensure that buildings and properties within the City of Tshwane are safe for occupancy and do not become centres for criminal activity,” she said.

“The by-law also seeks to ensure that the city can recover municipal service costs and other costs through a court-appointed administrator who may be authorised by the courts to take over the management of problem or abandoned buildings,” she added.

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