Parktown North Residents’ Association urges commune owners to follow correct legal procedures

The Parktown North Residents’ Association has urged would-be commune owners to follow the correct legal procedures before converting their properties into communes.

Lee-Ann Louverdis, chairperson of the association, explained that residents had to go through the correct procedures before developing their properties into a commune. “Such applications have to be published for public notice, and neighbours and other community members are then given a chance to show their support, or to object,” she said.

She gave the example of a homeowner who had established his property as a commune, and failed to comply with necessary legal procedures, even after correction, and whose case had since been handed over to the City of Johannesburg. She said he would be fined for this failure to comply with the requirements of property usage.

Speaking on behalf of the Department of Development Planning, Poppy Louw, chief specialist: communication and stakeholder liaison development planning, explained that communes were permitted as a secondary right by consent – not rezoning – and were subject to advertising procedures for public participation, as prescribed by the City of Johannesburg Municipal Planning By-laws 2016.

She explained there were penalties for going ahead of legal procedures and establishing communes without official permission. “There will be legal action and rates penalty fines when property owners ignore municipal policies and by-law. Building Development Management (BDM) will serve a contravention notice for a change of use and compel the property owner to submit building plans with the City of Johannesburg.

The Single Law Enforcement (SLE) unit will then refer the matter to Revenue to impose six times the normal rate paid for the property, as a rates penalty measure for non-compliance. Once compliance is achieved, an occupation certificate is then issued.”

She said that over the past year, the SLE unit had received 19 contravention cases, which were investigated. “Of these, 12 cases have been closed after the property owners complied with regulations. There are currently five matters that have been forwarded to council attorneys for further processing through to the courts. The remaining cases are still under investigation.”

Louw said people established communes for various reasons: “Some might do so in order to supplement their income, while others see this as an opportunity to provide alternative housing accommodation in close proximity to employment opportunities.”

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