• Residents in large parts of Bellville are furious over the illegal construction of houses and the prevalence of boarding houses in residential areas.
  • In Oakdale, Shirley Park, De La Haye, Kempenville and many surrounding areas, people are desperately trying to find ways to stop their neighbours from either building extra rooms (and often floors) onto their houses and renting them out or just renting the whole house outright.
  • Some say they were targeted when objecting to the City, which requires complainants to give their names.

Residents in large parts of Bellville are furious over the illegal construction of houses and the prevalence of boarding houses in residential areas.

In Oakdale, Shirley Park, De La Haye, Kempenville and many surrounding areas, people are desperately trying to find ways to stop their neighbours from either building extra rooms (and often floors) onto their houses and renting them out or just renting the whole house outright.

TygerBurger spoke to various residents over the past few months, however most choose to remain anonymous for fear of retribution from these developers.

One woman, who stays in De La Haye, tells of her frustration after her neighbour sold their house and moved out at the end of November last year. “Exactly three days after (the move), construction started night and day … including Sundays.”

The neighbours constructed a 14-room house which would be rented out to individuals. “To our amazement, the guest house started operating just before the festive season.”

Throughout the process, the woman says she logged complaints and petitions (signed by most of the people living in the street).

READ: Oakdale residents irked by illegal property

Photo: Unsplash

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“As a resident, we were appalled by the lack of action on the part of the City (of Cape Town) to act. On more than one occasion various complaints and emails were sent by concerned neighbours along with pictures that were requested.”

Their lives have now become disrupted by people urinating, cars hooting and excessive traffic.

“We were assured in February that the owner was served with papers, an inspection was done, and he was found to be in contravention of the building codes and was operating illegally. We have heard nothing since.”

She says it’s beyond frustrating that law-abiding residents must wait for months for building extensions to be approved, but others “do as they please”.

“I am very concerned as our streets are being overrun by illegal constructions, guest houses, and student accommodations, all of them are illegal.”

Her sentiments echo countless heard by TygerBurger across many neighbourhoods.

Another resident, one who lives in Shirley Park, says a known gangster is building next to her. She has been complaining about the illegal building to the City of Cape Town for years.

She says her neighbours can see right into her house, as their building is a multiple storey building and built up to the boundary line.

Others say they were targeted when objecting to the City, which requires complainants to give their names. They are too afraid to complain again.

House, construction

Photo: Unsplash

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Developer’s side

A developer who works in the northern suburbs and doesn’t want to be named for fear of victimisation from the City, says many residents don’t take the time to find out what type of building is being developed. He has many developments but is referring to one where he is building multiple living units on one erf, which he intends to rent out to families. He doesn’t want students or many people occupying a house. “It‘s got granite tops and porcelain tiles,” he says, indicating that it’s aimed at people with a higher income.

The developer says he received an order from the City to stop building at one of his properties last year after he started without all the necessary checks and balances and neighbours started complaining.

He says he wouldn’t have started building illegally if the City had a shorter turn-around time when it comes to approving building plans. This forces people like him to start building illegally, because he has invested so much money in the property and has to pay a bond, as well as personnel, he says.

He started buying property in the northern suburbs 12 years ago. “There is no (other) land in Cape Town,” he says. He specifically bought his property after someone told him it was earmarked for high-density housing.

City laws

This isn’t the first time this issue has been in the news. In 2022, local councillor Annelize van Zyl invited Dewald Smit from the City’s development office to talk to concerned residents about the same issue (“Vergadering is vurig,” 8 June 2022).

When it comes to building in the City of Cape Town, a lot has to do with the zoning of a specific property.

He explained that most of the properties in the area are zoned as single residential properties (SR).

Eddie Andrews, the City’s Deputy Mayor and Mayco member for spatial planning and environment, says no comments from a neighbour are needed when a building plan application complies with the zoning of the relevant property.

It is currently legal to build three houses on a property as well as living quarters for a domestic worker on a property zoned as single residential. It is also legal to rent out these properties. The living units can, however, only be rented to people who are related. “(This is) subject to the condition that there exist no restrictive conditions in the property’s title deed or any previous conditions of approval limiting the number of dwellings.

A building plan is needed for any work to commence, regardless of the units on the property.

Developers to blame

Despite these rules, there are more than 30 open cases of illegal building in Oakdale, councillor Van Zyl says, an issue plaguing Bellville but also occurs across the metropole.

The problem is people (often with multiple properties) who purchase properties zoned as “single residential” and then rebuild the existing house. The rebuilt house is then changed into a guest house, student housing “or a place where illegal activities are encouraged, like brothels and ‘rent by the hour’ rooms, etc.”

They are currently using all possible legal avenues to address the issue, she says. “(The) matter has been taken up on the highest possible level, hopefully with more effective attention and action in the future.”

The whole area is concerned about this.

Tax payers, property owners and law abiding residents are concerned about the impact of the illegal activities have or will in the future have on the value of their properties, the personal risks to them and their families and the exposure of their children to acts of prostitution and drug abuse and dealing on an almost daily basis, sentiments which I and the rest of the members of the Subcouncil share.

For more help

  • Andrews says illegal buildings can be reported via the City’s Development Management’s Information Hubs and/or Development Management’s one number at 021 401 4702.
  • Residents can access the Development Management Portal via the City’s E-services and apply for a zoning extract for a property to see what their neighbours’ property is zoned as.
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