The approval of construction designs is more than just a formality in municipal planning, and adherence to building codes increases public safety. A fait accompli caused by the landowners’ illegal conduct should not be presented to the authorities by the courts by allowing them to erect illegal structures on their property. (Excerpts from the verdict below)

What would you do if your neighbor began constructing there without getting approval from the municipality? Your right to request demolition has been upheld by a recent High Court judgement.

The retiree who unlawfully constructed an apartment complex

• A landowner made the decision to erect an eight-apartment, multi-story building on his property. He is a retiree, according to the media, who spent his R900,000 pension cheque on the project and intended to live off the R40,000 monthly rent that resulted.
• The structure, which he said would only be a garden cottage for his neighbors, violated four laws:
  • The local Council did not accept any building plans,
  • The construction violated the Town Planning Scheme’s building line limits,
  • The building did not adhere to the property’s zoning;
  • The owner was building a second home on the land, which violated a restriction in the title  deed that only allowed one to exist there.

• The owner disregarded two “stop building” directives from the Council. Then he promised to stop the work but ended up speeding it up.
• After receiving an urgent application from two of his neighbors asking the High Court to halt further construction, the Court ordered the owner to tear down the structure.
• The owner filed an appeal of this decision with the High Court’s “full bench,” requesting that the demolition order be delayed while his application for rezoning and the removal of the restrictive covenants with the Council was being processed.
• Despite the Council’s approval of the property’s rezoning, it was made clear that it did not support the partially completed building, which was against the law because it crossed over the building lines without having its plans approved.
• Although their land had not been encroached upon, the neighbours’ rights had, the Court determined, giving them the right to apply for a demolition order.
• The Court recognized that the neighbors had taken action to preserve their rights as soon as it became clear that the owner was building an apartment block rather than a garden house when it decided to exercise its discretion in favor of demolition. They informed the Council of the illegal structure, and the Court found it strongly persuasive that the owner continued construction despite being aware of its illegal status.
• The building must be demolished by the owner.

The bottom message is to act right away if your neighbor starts to construct illegally!