A property developer in Cape Town has been fined R1 million for constructing an unauthorized apartment block in Bellville, a small residential area in the northern suburbs. The City of Cape Town announced on Monday that Mayor Geordin Hill-Lewis upheld the municipal planning tribunal's decision to impose the hefty penalty.

Mayor Hill-Lewis emphasized the importance of adhering to building and planning regulations: "In Cape Town, we are working to build a society based on the rule of law, and the flagrant disregard of building and planning regulations cannot be tolerated. The law is not only for some, it is for all."

The city’s stringent stance on building violations follows the collapse of an apartment block under construction in George, Western Cape, in early May, which resulted in 34 fatalities. Investigations into the incident are ongoing.

Despite being ordered to halt construction, the Bellville developer continued building the 22-unit apartment block and even began renting it out to tenants.

This has become standard operating procedure in much of the province, where permissions for construction can be tedious to complete, and is generally overlooked by local authorities.

While the City has commented in its statement that the building could pose a danger without the requisite occupancy certification, they had nonetheless managed to connect the property to local utilities. Utilities can only be connected once an occupancy certificate is issued by building control, and yet the premises were already being rented out and supplied with utilities by the city, which suggests that the department is in the habit of connecting unauthorised properties.

In fact, as the mayor of George explained in a recent interview, municipalities are generally "not involved" in the detailed inspection of multi-story buildings, because their building inspectors lack the qualifications to judge aspects like concrete strength: "the structural engineer, who signs off each stage, is responsible for ensuring the building's required strength." The final inspection occurs when issuing an occupation certificate, ensuring all aspects of the building plan and bylaws are met.

The building in question, located in Sunkist, Oakdale, Bellville, includes a two-story apartment block, covered parking, and a refuse room. The site is zoned for single residential use, allowing only one residence and related structures covering no more than 50% of the property.

“Following a letter of demand by the City’s lawyers in December 2022, the developer agreed to ensure the vacating of all tenants, but by March 2023 it was clear there was no serious intention in this regard,” the city stated.

In May 2023, the city sought relief from the high court and obtained an order in October declaring the building and its occupation unlawful. The developer was ordered to apply for a penalty determination and comply with all lawful development processes.

The developer appealed the tribunal’s decision, but Hill-Lewis upheld the penalty based on the recommendation. In his appeal outcome report, the mayor noted that the developer had previously committed similar violations in 2021, involving the construction of 14 apartments on two different sites in Bellville.

The developer now has 20 calendar days to pay the fine and must comply with all lawful processes under the city’s Development Management Scheme. The city warned that failure to meet the criteria to regularize the building work could result in a court order for demolition.

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