18 February 2010

FOLLOWING a successful public participation process, the City of Cape Town’s Planning and Environment Portfolio Committee (PEPCO) has endorsed the draft Problem Building By-law which will aim to address the health and safety risk posed by dilapidated buildings in the city.

During the public participation process six of the City’s 23 sub-councils responded with positive comment and input.

Written comments were also received from three individuals and three organisations. Those comments that were considered appropriate have now been incorporated into the draft by-law.

According to Alderman Brian Watkyns, chair of PEPCO, the new by-law will help the City act against owners whose buildings are identified by the City as problem buildings.

These are buildings that are dilapidated, contravene national building regulations, are overcrowded or invaded by illegal squatters, or pose a health and safety risk to people in its surroundings.

“Abandoned and dilapidated buildings are a cause of major concern for the City, as they are often unsightly, unhealthy, unsafe, and become havens for anti-social and criminal activities. This by-law will assist the City to force the owners to address these issues," said Watkyns.

Councillor Taki Amira, who headed up the task team and the public participation process, said: "With new procedures set out in the by-law, the City will investigate a building when complaints are received. After the investigation, a notice will be served on the owner stating all the contraventions and the deadline for correcting these.”

Amira added that a difficulty always encountered in the previous enforcement process was to whom a notice could be served. The by-law now clearly defines who is deemed as “the owner” on whom notices may be served.

It further tightens up and streamlines the process to be followed to ensure action against the owner in cases of non- compliance.

“This by-law will not only help the City to identify and deal with problem buildings, but will also seek to restore and renovate the buildings rather than demolishing them. In cases where buildings cannot be restored properly, the owners will be consulted to look at other options and where necessary, the by-law may be used to facilitate the sale or demolishing of problem buildings to achieve compliance,” said Amira.

The by-law has now been recommended to the Mayoral Committee and will be implemented as soon as Council approves it.

Source: Cape Town