The Land Use Development and Regulatory Compliance Department exists to protect the public by making sure that buildings and land uses are safe and lawful in terms of national standards and code. Enforcement is not punitive but serves as a warning to owners and developers that their activities may present a risk to residents, their homes and municipal services and demands measure to safeguard against such risks. This can be achieved partly by ensuring compliance with national legislation and municipal by-laws, which apply equally to all property, whether private or public.
The process ensures that owners take measures to ensure that buildings are structurally sound and safe to occupy, that they comply with norms and standards, and that people do not damage services such as water, sewer and electricity lines. Unauthorised building can cause damage to a person’s own property, their neighbour’s property, and critical municipal infrastructure.
How enforcement works
Enforcement takes place in three main ways:
• Complaints received from members of the public
• Routine area inspections and surveys
• Monitoring compliance with approved building plans and land use approvals
When a contravention is detected, the matter is registered and assigned to a case officer for investigation which starts with a desktop investigation to confirm whether authorizations are in place and assess the potential risks based on digital data at their disposal.
If needed, an inspection is conducted. Inspections are conducted lawfully in terms of section 15(1) of the National Building Regulations and Building Standards Act, which authorises officials to enter land or buildings at reasonable times to assess compliance. It is preferred that the owners are present during the inspection to engage about possible means to rectify the issue.
What happens if there is non-compliance?
If non-compliance is identified:
• The owner is informed; and
• A formal notice is issued explaining the contravention and the steps that can be taken to rectify.
The notice usually gives the owner options, which may include:
• Submitting the required application
• Removing the unlawful structure
• Stopping the unauthorised activity
The municipality does not impose penalties immediately. Several notices (typically up to three) are issued to give property owners reasonable opportunity to respond and make use of the available options. Property owners are encouraged to contact the department for guidance and assistance in resolving the matter.
Where an owner is clearly taking steps to rectify the issue, the municipality is open to granting an extension of time to comply, provided the activity does not pose a risk to life, property or essential services.
Fines, legal action and misinformation
Legal action is considered only as a last resort, after repeated failure to cooperate and remedy non-compliance. Litigation is not preferred, as it can be costly and time-consuming for both the municipality and the property owner.
If attempts to secure voluntary compliance are unsuccessful, a section 56 notice (which would include a fine and/or a requirement to appear in court) may be issued in terms of the Criminal Procedure Act. This still provides the individual with a further opportunity to make representations to the court.
It is also important to correct misinformation. Contrary to statements circulating on social media, the municipality does not impose a blanket fine of R6 000 for structures such as tool sheds. Any fines or penalties are determined through the proper legal process and depend on the facts and circumstances of each case.
Why compliance benefits everyone
The municipality has a legal and ethical duty to ensure that development is safe, orderly and lawful, for the benefit of all residents. Unchecked and unsafe building work can overload services, damage infrastructure, increase the risk of fires or structural failure, and incur costs that must ultimately be carried by law-abiding ratepayers.
Enforcement of bylaws is therefore a key element of good governance. It protects the rights and interests of all affected parties and is applied fairly and consistently, with multiple opportunities given to property owners to comply. It is not an instrument of “oppression”, but a regulated system designed to uphold the law, protect public safety and infrastructure, and allow residents the opportunity to regularise any non-compliance.
Residents are encouraged to contact the Land Use Development and Regulatory Compliance Department directly at 044 801 9171 for assistance, clarification or support in regularising any structures or land use activities.
Report suspected activities to mhwelman@george.gov.za, smoshani@george.gov.za or use the MySmartCity app to log a complaint by downloading the app on www.mysmart.city
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