Do you have a ‘problem property’ problem?

Cato Road - Glenwood, Pigeon Valley UIP

The UIP has been receiving queries about “problem properties” – homeowners who may be flouting planning regulations or converting a residential home into a student residence or illegal business.

Numerous bylaws govern changes to the structure and use of residential properties, and homeowners need to know the facts before they complain about a possible problem property – or convert a property themselves.

“There is a misconception that unless all neighbouring property owners sign off on building plans for any neighbouring property and building commences on that property, that it is illegal,” says Richard Thring, manager of the Pigeon Valley Urban Improvement Precinct. 

Thring said the UIP had drafted documents to guide both those looking to make changes to their properties and for those worried their neighbours were doing so. These will be posted later this year on the UIP’s website, but for now are available on request.

Thring stressed that residents seeking action from the municipality about neighbours should ensure they “put in a clear and valid objection” to help their cause. The UIP can assist residents, guiding them through the laws and regulations, and lodging valid complaints.

The eThekwini building inspectorate then establishes whether bylaws have been breached. If this is the case, orders to cease are issued. 

Developments must comply with municipal land use policies and national building regulations. And where any buildings on a property are older than 60 years, approvals are required from AMAFA, the provincial heritage authority.

Zoning bylaws are a key consideration.

All land is zoned for different uses. And its crucial homeowners understand zoning requirements before converting houses into business premises or accommodation establishments. They may need to apply to the municipality to relax site constraints or change the zoning.

The details of this are explained in the eThekwini municipality’s planning schemes which can be found on its website (search Land Use Management, sub-scheme Central).

So when do you need to notify neighbours?

Paul Dekker, a Durban architect who is assisting the UIP, explained that when an application to relax site constraints is received, the applicant is asked to notify affected neighbours and offer written proof of their acceptance.

Similarly, neighbours may present objections to the municipality when reviewing the application. Neighbours may also appeal a decision if consent is granted.

The scheme includes guidelines for any change in use, including:

• Short term-accommodation establishments, like

  • B&Bs and lodges (maximum of 10 rooms)

• Student accommodation establishments

  • Maximum of 12 students in six rooms in a house or

  • Eight students in four bedrooms per unit in an authorised multiple-unit development

• Medical and veterinary offices

• Home care facilities

• Spaza shops

• Taverns

• Creches

Special consent is required where owners apply to pursue activities precluded under their zoning category.

The Pigeon Valley Urban Improvement Precinct is a ratepayer-funded initiative aimed at improving Glenwood. It seeks to build a sense of community, tighten up on safety and see to it that public spaces are better maintained. Read more about suspected illegal building, student accommodation, suspected illegal property use and abandoned or derelict buildings.