The Pretoria High Court has granted the City of Tshwane a go-ahead in demolishing multiple story apartment buildings in Pretoria West.
The court found that the construction of the buildings located at 510 Luttig Street (Erf 1313) and 514 Luttig Street (Erf 1312) is unlawful.
The owners had converted the existing dwelling houses into three multistory buildings, one at 510 Luttig Street and two at 514 Luttig Street, despite zoning certificates prohibiting such alterations.
The construction was carried out without the required building plans being approved by the City of Tshwane.
George Asaba and GABSA consolidated prop (Pty) Ltd, respondents in the matter, were previously required to submit building plans. The application they submitted stated that there was no construction on 510 Luttig Street, while in actual fact there was construction.
“It was noted that there was a single-story building on ERF 1313 and a multistory building with four floors. This was contrary to counsel’s assertion that there was no construction on 1313 but only the single-story building,” reads the court document.
The court ruled that these actions were in violation of the National Building Regulations and Standards Act of 1977, as well as related regulations.
“The City of Tshwane Metropolitan Municipality is authorised to enter the properties and to demolish the offending works, which shall include all the works whereby the dwelling houses were converted into four and three multiplestory buildings and which shall include the electricity, water drainage and sewerage installations installed in connection therewith and such costs of demolishing will be borne by the respondents,” reads the court document.
Kholofelo Morodi, the MMC for Corporate and Shared Services, warned that illegal developments can cause overcrowding, put strain on local services, and make it harder for the city to provide proper facilities.
She said illegal buildings are not a matter to be taken lightly, as they are bound to operate in the public interest to ensure the safety and security of all residents.
“The enforcement of building regulations is essential to ensure that all structures meet safety and zoning standards, preventing the emergence of unsafe living conditions and illegal land use.
“To that end, the MMC for Economic Development and Spatial Planning, Cllr Sarah Mabotsa, and I will work together to ensure that residents of unlawfully erected buildings are advised of alternative places of residence and work diligently to get building owners to comply with city ordinances and by-laws,” said Morodi.
