A property which is zoned for a particular use may not be used for a different use. For example, a property zoned Residential 1 may be used for a family dwelling but may not be used for business or for a guest house or a commune, without a formal rezoning or a consent use process being followed and approved. Only once approval has been granted after due process do amended rights come into effect.
The City has now implemented the provisions of Property Rates Policy regarding non permitted use.
Often neighbours report an illegal land use to the Municipality. A Development Compliance Officer is sent out and if it is found that an owner is using a property for a purpose other than what it is zoned for, notice is served on the owner for illegal land use, giving the owner 28 days to comply by stopping the illegal activity. Once the 28 days expires, the matter is referred to the Municipal courts for legal action. Many owners then decide to legalise the illegal land use by submitting an application for consent use or rezoning.
At this point, a parallel process is now implemented. A valuation officer is sent to the property and it is confirmed that the property is being used for a use that it is not zoned for, activating a non-permitted use rating. The Valuation Department then changes the rating of the property to non-permitted use on a supplementary valuation role. Notice is served on the owner of the change of the rating and with the next rates account the owner receives the much higher non-permitted rating. The difference in rates is considerable. This can only be changed on the Valuation role once either the property is rezoned for the actual use, or proof is provided that the activity on the property is in line with the original zoning.
In one such case an owner's rates went from R 4 000 a month to R 12 000 a month.
These parallel processes are to ensure compliance by all land owners with the by-laws of the City of Tshwane.
"Non-permitted use" is defined as follows in the Municipality's Property Rates Policy :-
"non-permitted use" means any use of property that is inconsistent with or in contravention with the permitted use of that property in which event, and without condoning the non-permitted use thereof, the property shall be valued as if it were used for such non-permitted purposes only.
Section 8 of the MPRA, 2004 was amended by section 6 of Act 29 of 2014.
The Local Government: Municipal Property Rates Act, 2004 (Act 6 of 2004, ‘MPRA')
Residents Associations across the city have welcomed this move, particularly in residential areas where residents are negatively affected by incorrect land use.
For more information please contact:
Ms Siobhan Muller
Cllr/Raadslid Ward 82/Wyk 82
Member: Oversight Committee - Economic Development and Spatial Planning
DA Spokes Person for Spatial Development
082 454 9244