It is not enough that The City of Cape Town allows builders and developers to build pretty much as they please. Allowing these illegal buildings to just be legalized. The latest plan from the City of Cape Town sees them wanting to just allow the dropping of administration penalties in certain areas. GTAF fears that this will see a surge in illegal buildings in these areas. It will also see a two-tier system operated within the city with only certain areas having to adhere to the Municipal Planning by Law whilst other areas can just build as they please.  

To read or download the notices click the links below. 

Public Notice

Explanatory Note

Map of Exempted Area

GTAF has commented on this disastrous proposal. You can send your comments to lums@capetown.gov.za

We have added our comments below. If you agree and want to use these comments, please complete the form below and these comments will be sent to the City. This form can be edited should you wish to edit our comments.

Comments to Notice CTA33/2023

HAVE YOUR SAY!
FURTHER CATEGORIES OF CONTRAVENTIONS IN TERMS OF THE CITY OF CAPE TOWN MUNICIPAL PLANNING BY-LAW, 2015 (MPBL) TO WHICH THE REQUIREMENT TO SUBMIT AN ADMINISTRATIVE PENALTY APPLICATION WILL NOT APPLY
GTAF have been complaining about the many occurrences of illegal buildings. We have also complained about the City of Cape Towns lack of will in terms of enforcement.
We are against the proposals by the City as they represent a further abdication on the part of the City of their duties to enforce their by-laws. In this case the Municipal Planning By Law. And enforce nation legislation. In this case the NATIONAL BUILDING REGULATIONS AND BUILDING STANDARDS ACT NO. 103 OF 1977.
An illegal building of addition to a building is a deliberate act. To carry out such an action without the required permissions is a deliberate act of illegality.
In the case of a person buying an existing property it is incumbent on the seller to warrant that all structures are approved and legal. It is prudent for the buyer to check that all structures are approved and legal.
The purpose of any law or by law is to regulate behaviour. To not enforce these bylaws will lead to illegal and possibly unsafe structures and infringe the rights of those in the community. Further it might in cases have a negative effect on neighbouring properties and lead to conflict within these communities.
It is a fundamental constitutional right for everyone to be equal under the law. It is fundamentally incorrect for the City of Cape Town or any municipality to adopt different laws for different areas. It is wrong to expect one person to adhere to a law. And to have their actions punishable by law whilst allowing another person the ability to not have to adhere to the law.
All laws and by laws are there to give clarity and rules. The section below does the opposite to giving clarity. It allows for uncertainty and opinion rather than pre-set, agreed regulations.
Further provisions:
Notwithstanding the above the City may still apply any other enforcement measure or
make application to the High Court for relief or orders to compel an owner to take
certain actions, as contemplated in sections 124 and 131 of the MPBL.
GTAF is wholly against the proposals by the City of Cape Town. We would rather suggest that they spent more time enforcing the current building regulations in order to stop the rampant illegal buildings we see in our communities. The City of Cape Town must enforce all by laws fairly and in all areas. It cannot abdicate these responsibilities.

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