Author: Apple Property Connection, 29 April 2016, Property News
Can the court order demolition of a building?
We often have to try to resolve disputes where there are illegal structures.
What makes the structure illegal? It is either because there are no approved building plans, or it encroaches on the neighbours property or it contravenes zoning provisions.
If the building plans can be approved it is often a question who will be liable to get it approved, the seller or purchaser? The problem is when the structures are not in line with zoning provisions or encroach.
As confirmed in the BSB International Link cc v Readam South Africa case the municipality or minister can a apply for an order that the structure be demolished in terms of the National Building Regulations and Building Standards Act.
The court also confirmed that an individual can apply for a demolition order for structures that encroach on their property or are contra the zoning provisions. The common law gives the court the discretion to order demolition where the structure encroaches or the rights of the neighbour are encroached upon, which be the case when the zoning provisions are not met.
