The City of Cape Town’s Development Management Department has been in discussion with the property owner regarding the land use and building applications that he needs to submit to regularise the unauthorised structure (i.e. garage) to make use of it for any other purpose, as per the National Building Regulations and Buildings Standards Act and the Municipal Planning By-law.
In this specific matter, an administrative penalty application would first be required because no approval was obtained for the construction of the garage.
However, during the discussions with the owner, it was established that the garage roof needs to be replaced and, as a result, the structure will need to be removed almost in its entirety.
Given these circumstances, the property owner has agreed to remove the entire structure, and this decision may have an impact on the need for a nominal administrative penalty application.
Should the entire structure not be removed, and an administrative penalty application is submitted, a nominal penalty will be recommended as the structure encroaches upon the building parameters in terms of the Municipal Planning By-law.
Irrespective, the City’s Development Management Department can confirm that the penalty fee and application fees are yet to be determined.
The rand value of the administrative penalty cannot be confirmed at this stage as the decision will not be made by the department.
The application fees will however be determined by the tariff structure which is part of the City’s budget as determined on the date when the application is received.
Councillor Eddie Andrews, Mayoral Committee Member for Area South, City of Cape Town.