Badly Behaved Neighbours – Illegal Buildings
What do you do if your neighbour starts building next door without municipal plans?
A recent High Court decision confirmed your right to apply for demolition.
The person who built an apartment block illegally
- A property owner decided to build a multi-storey block of apartments on his land. He spent his R900,000 pension payout on the project and planned to live off the resultant rentals of some R40,000 p.m.
- The building, which he had told his neighbours was just going to be a garden cottage, was illegal on 4 counts.
- The local Council had not approved the building plans
- The structure encroached on building line restrictions imposed by the town planning scheme
- The structure did not comply with the zoning of the property
- The owner was contravening the title deed in that it permitted only one dwelling on the property.
- The owner failed to comply with two “stop building” orders from the council. Then he undertook to cease the works but instead accelerated them.
- Two of his neighbours urgently applied to the High Court to interdict further building. The Court ordered the owner to demolish the building.
- The owner appealed this order in the High Court. He asked the Court to postpone the demolition order. He wanted to apply to the Council for re-zoning rights.
- The Court did not condone the partly-constructed building because it was illegal. The Council had not approved the plans and the building encroached on the building lines.
- The Court ordered the owner to demolish the building.
Bottom line – If your neighbour starts building illegally, take immediate action!
