Enforcement Department Home Page

What do we do?

All users are controlled by the Town Planning Scheme. For example; if a property is zoned for resident’s purposes, it may only be used for such purposes.

The Enforcement Branch assist in the protection of properties uses. If there exists a misuse on a property, then the appeals and Enforcement Division will take the necessary steps to ensure that the unauthorized use is stopped.

Why?

To protect the property owners right in respect of:

Healthy living environments.
Any activity undertaken on any property that would impact or disturb adjacent property owners.
To ensure that the city is developed in a co-ordinated and harmonious manner.

When would you contact us?

If the activity on a site is an unauthorized use and is a cause for any concern by virtue of noise, fumes, traffic generation, you would then contact the Department.

What do you need to do?

You must submit a formal complaint in writing to the Department with the following details:

Your name and address. In the regard, it may be necessary for you to attend court as a witness on behalf of the department.

The address of the property or premises in question.

The nature of the complaint.

What happens thereafter?

The complaint will be investigated and the Department records will be checked to determine whether Land Use Management authority has been obtained.

An on-site inspiration will be undertaken to confirm that an unauthorized activity is taken place; the owner will be advice to either cease or comply with the condition of authority, if any.

In some instances, the submission of a special consent application may be necessary to regularize a situation, assessed in terms of gravity of matters and prevailing policy of the council.

Should no authority have been granted and the offender/ transgressor continues to operate, Notice in terms of Section 77 of the Town Planning Ordinance NO 27 of 1949 (Natal) shall be served ordering the cessation thereof.

How long will it take to process your complaint?

Your complaint will be acknowledged within 5 working days from receipt by the Department.

A following-up letter advising you of the position and the line of action that the Department has decided on will be forwarded to you after the aforesaid inspection.

You will be informed further on developments, but please bear in mind that it is a long process.

Should the transgressor refuse to comply with the terms of the notice  mentioned above, the matter shall proceed to the local magistrate court. In the case of conspicuous offenders, the Department is currently seeking High Court  interdicts with claims for cost against the offenders.