Please find links to documentation that will assist you to identify, report, track, and resolve issues with Problem Properties.
Definition of a Problem Property
Definition of a Problem Property
Pilot Study for Student Accommodation in two areas of Durban
Regulations regarding Student Accommodation (the actual regulations begin on Page 122, before that are definitions and descriptions)
Regulations for Student Accommodation
Norms and Standards for Student Accommodation, as gazetted by the Department of Higher Education
Summary of Regulations for Student Accommodation.
This is a quick overview of the requirements for a property owner to convert a residential property into a Student Residence, which will also guide neighbours as to what they should expect from their neighbouring property.
Zoning infringements:
Illegal businesses can be combatted with Section 76 of the Municipal Planning and Land Use Management By Law.
Problem Property Complaints Process:
This is the process undertaken by the municipality when a property has been identified as a problem:
1. Members of the public can, and should, report properties that are contravening building by-laws in the following ways:
a) A residential home converted into a student residence without consent from the neighbours and municipal approval;
b) A residential home being used as a business (NOT work-from-home). Examples of businesses: guest house, workshop, party venue, car wash, hair salon, appliance repair, etc;
c) A residential home that is accommodating more than 5 people that are not related to each other;
d) A residential home that is undergoing renovation without plans or consent;
e) An abandoned building.
2. Step one is to contact the relevant Building Inspector (BI). The BI will visit the property concerned. If the BI observes a contravention, they will issue a ‘site instruction’. On returning to the office, the BI prepares a notice in terms of the relevant legislation and/or Regulation, and hands this notice over to the Principal Building Inspector for authorisation. According to Ethekwini by-laws, the inspector is required to investigate the complaint within 7 days.
3. The BI or BIA (Building Inspectorate Authority) will forward an e-mail to Land Use Management Authority (LUMA) or Development Applications and Approvals (/DAA) if a contravention with certain LUMs (Land Use Management) or any other relevant line departments is observed.
4. Once the PBI has approved the notice, it must be served via registered post (essential), hand delivery (where possible) and e-mail (by arrangement).
5. The BI enters the details of the contravention into the ‘Contraventions File’ for easy reference as a reminder of the expiry of the Notice.
Common Notices:
The Municipality may, where applicable, include an instruction in a contravention notice directing the owner or person to–
(a) cease the activity, operation or process on the land with immediate effect;
(b) remove or alter any unauthorised structure or work and rehabilitate the environment or restore the land, as the case may be, to its original form;
(c) comply with a condition of approval contained in the decision notice within the prescribed timeframes;
(d) submit a land development application in terms of this By-law within 30 days of service of the contravention notice: Provided that a land development application for rezoning of land will not be permitted to be made; and
(e) pay a fine within 30 days of service of the contravention notice.
6. When the Notice expires, the BI must visit the site again to confirm if the owner has complied with the notice or not.
7. If the owner has not complied, the BI must then send all documentation to the Enforcement Officer (EO) within 24 hours via e-mail.
8. At the same time, the BI must initiate the process for a ‘Rate Code Change’ in case the contravention requires it. A ‘Rate Code Change’ means that the municipality will charge higher rates on a property that is no longer being used for residential purposes.
9. The EO must report back to the BI with a description of the enforcement action that has been taken within a week.
10. The BI must perform another site inspection to see if the owner has complied or not. If not, the enforcement process (steps 4 – 9) must be repeated until further action becomes necessary.
Further action:
Summons issued when all avenues of persuasion have failed to right the problem. This falls under the Criminal Procedure Act and the various penalty clauses contained in the National Building Regulations and Building By-laws.
The City Valuator adjusts the rates.
List of NSFAS-accredited student accommodation
The issue here is that the majority of these accreditated establishments are not compliant with regulations and by-laws. Please report entities listed here that do not comply so that we can bring them to the attention of the authorities.