A guide on lodging complaints regarding suspected illegal building/ student accommodation, suspected illegal property use with the City

Bylaws and town-planning rules can be complicated and for every rule there’s often an exception or three. This guide is intended to give Pigeon Valley UIP residents a rough idea of how these apply and how to put together an effective complaint. When in doubt, address your queries directly to the eThekwini Land Use Department. And if you’re planning to build on your property in some way, do consult an architect or professional town-planner.

All steamed up

OK, so your neighbour seems to be packing students into the house or doing alterations or extensions that you suspect are illegal or are causing noise and nuisance. Perhaps he or she is running a business from home or you feel that the planning bylaws are being broken in some way.

What to do

It’s not necessary for you to prove your neighbour is breaking the law. It’s the municipality’s job to do this. What you do need to do, though, is to put together a proper complaint that shows your suspicions have grounds (are not frivolous, in other words) and to submit it to the City, requesting an official investigation. This is best sent in writing to: eservices@durban.gov.za with all the relevant attachments and detail, as described below. The more residents that lodge a proper complaint, the greater the chances that the Municipality will act.

Reach out to the UIP

We recommend you get in touch with the Pigeon Valley UIP office. It will assist you to determine whether your complaint is a town planning or a building control matter. This should help make your complaint smart and more focussed, giving it a better shot at success.

The UIP will also assist you to complete a clear and valid objection and submit it to the Municipality’s Building Inspectorate. It should contain your details as well as the address of the property in question and any dates, if appropriate. The municipality has on record the names and contact details of property owners, but if you do have these to hand, do include them. Photographs, while not obligatory, can make the municipality’s work a little easier, helping to build a credible case against the owner.

Over to the Municipality

With the complaint received, the inspectorate will then check on the status of the site to establish whether the owner has made an application to the municipality for the work or change in land use mentioned by the complaint. If no application is on file the inspectorate will investigate, including driving out to the property.

Building work or changes to how a property is used must comply with municipal land use policies and national building regulations. And where buildings are older than 60 years — and this applies to most property in the UIP — approvals are required from AMAFA, the provincial heritage authority.

Should the owner or developer be in violation, a contravention letter will be sent to the property owner ordering him to cease building until all by-laws are met and to seek the necessary approvals.

The UIP advises you to send a follow-up letter to the inspectorate querying progress with your complaint.

Misconception

Do bear in mind, though, that an owner is not always obliged to inform his neighbours of any planned change in land use or building work. It really depends on the nature of that work being done and the site’s zoning.

Diving Deeper

Land Use constraints as described in Zoning Certificates

Each property in the municipality is allocated a Zoning type in accordance with a Town Planning scheme, which is described by the following documents: LUMS Central sub-scheme; Berea South Land Use Intentions layout- available through the municipal online GIS on this link (search for relevant street address).

The PVUIP zoning types are predominantly:

·       Special residential

·       General Residential 1

·       Medium Density Housing

·       Limited commercial (traditionally the corner shop)

·       Institutional (schools/ hospitals)

Each zoning is distinguished because of the following constraints:

• Permitted activities

• Bulk of the development (controlled by coverage and height restrictions/ floor area ratio/ FAR)

• Building lines and Side spaces within which permission to build is required

• Parking requirements

The zoning certificate outlines the types of activities that are allowed, can be applied for through special consent, or are prohibited.

Problem Buildings- (excerpt from City By-Laws Unpacked):

A Problem Building may be identified in the following ways:

• Complaint received from public, or neighbour lodged with the Municipality;

• Posts or articles placed on various media platforms;

• Building sighted by a municipal official; or

• Enforcement of relevant legislation and/or serving of compliance notices on owners by the Municipality for other non-compliant activities.

In the event that the Municipality is of the opinion that a building should be declared a problem building, a written notice together with reasons is served on the owner informing the owner that the Municipality intends to declare the building to be a problem building.

A problem building must be profiled as per section 7 of the By-law. The Municipality may, once a problem building has been profiled, apply to court for an interdict restraining the owner and any managing agent from allowing any other people, in addition to those identified in the profile of occupants, from occupying or residing at the building. This is followed by a number of processes which includes serving of compliance notices to owners and occupiers.

Exceptions to the rules

While the zoning describes land use constraints the land use management scheme provides for the following types of exemptions, with the requirement of the consent of council:

• Up to 4 lodgers in a residential dwelling

• home business of size, the lesser of 40 sq.m or 30% of floor area

• medical offices or veterinary clinic

• tuck shop, tavern (within particular parameters)

• home care facility or short term accommodation facility.

• Early Child Development centre (ECD- e.g. creche or preschool)

• Student accommodation establishment within the student accommodation overlay area.

Student accommodation establishments proposed outside of the student accommodation overlay area shall require the Special Consent from the municipality.

Relevant resources:

• pdf       LUMS Central sub-scheme

• Link     Municipal GIS Online services

• Link     Municipal bylaws

• Link      Promulgated municipal bylaws

• pdf      Reporting of Suspected Illegal Building/ Student Accommodation, Suspected Illegal Property Use and Abandoned/ Derelict Buildings