‘Problem buildings’ crisis in South Africa
Problem buildings and properties across South Africa have become an increasingly complex issue that municipalities and private businesses are desperately trying to get a grip on.
Cape Town Mayoral Committee Member for Safety and Security Jean-Pierre Smith said that “the phenomena of problem buildings are on the rise across the country, and indeed the world.”
Smith said that this comes “as owners face hardships or simply abandon their properties due to the dysfunctional provisions in the PIE Act that make it impossible for private or public land owners to effectively protect their property.”
In South Africa, “problem buildings” refer to properties that are associated with various social, economic, and safety issues, often becoming sites of concern for local communities and authorities.
A problem building is identified as one that is abandoned, derelict, illegally connected to municipal services, used for crime, structurally unsound, hazardous, accumulating waste, or incomplete for over three months, not just hijacked or illegally occupied.
This phenomenon has become increasingly common, especially in major metropolitans, and it reflects broader socio-economic issues within the country.
In their research paper, Dr Hendrik Conradie, Prof. Derek Taylor and Dr Walter Shaidi outlined that “problematic buildings are usually found in the context of general inner-city decay.”
“Lack of effective waste management, increased criminality, insufficient law enforcement, ineffective municipal service delivery, social ills and a deteriorating built environment are some of the salient characteristics.”
“If timeous interventions are not implemented, inner-city areas will spiral even further downwards and become even more dangerous for residents and visitors,” they added.
A major headache for municipalities is that of illegal connections to municipal services from these buildings.
Ekurhuleni City Manager spokesperson Zweli Dlamini told Businessech that “the city bleeds a lot of money [because of this] as the perpetrators never pay for municipal services, rates and taxes.”
Recent estimates show that around R100 billion is owed for water and electricity services – most of which will never be recovered, which severely impacts maintenance and upgrades.
Smith added that these buildings create a huge problem for the city as “these properties become a home for squatters and criminals, and are generally left to decay abysmally impacting the residents around it.”
As a result, these buildings often become dangerous as they are often used as dump sites and are health and fire hazards.
“These buildings put the lives of innocent people at risk because you can’t guarantee their safety,” said Dlamini.
This has been seen in Johannesburg for example, where the precarious living conditions were thrust back into the spotlight when a fire broke out in one of them in August 2023, leaving more than 70 people dead.
Recently, a fire engulfed an abandoned and hijacked three-storey building in Jeppestown, where an informal settlement had been established.
“It is important to remember that compliance with all relevant safety legislation is the responsibility of a building owner [and] are also responsible for seeking eviction orders where unlawful occupations have occurred,” said Smith.
“Should there be an imminent threat to public safety or some other cause to evacuate a particular building, the Problem Building By-law makes provision for the City to approach the courts for relief,” he added.
The problem of hijacked buildings and properties in South Africa is intensifying, now spreading from commercial districts into urban residential areas.
Getting a grip on the issue
With these woes identified, cities say that it is critical to get a grip on the issue.
Dlamini said that this is important “to save lives and also get the revenue from the services that are being stolen.”
Looking at the metros that responded to BusinessTech’s queries, Ekurhuleni saqd that they have have a multi-disciplinary by-law enforcement that is made up of metro police, energy, water services, legal and risk professionals, and more.
“This team visits the hijacked building and most instances where services are not being paid, we cut them off.”
“Unfortunately, we cannot chuck people out of someone else’s or private property,” he added.
Looking at Cape Town, Smith said that the city’s by-law for dealing with these properties dates back 13 years.
The City’s Problem Building Unit enforces the Problem Property By-law 2020 to identify, react to complaints and manage dilapidated and potential problem buildings.
The 13-staff-strong unit is guided by the by-law on how to deal with potential problem buildings.
The procedure is generally as follows:
- A compliance notice is issued first, and if the owner is non-responsive, further action is taken, including declaring a problem building
- Instituting a tariff which is charged to the owner’s municipal account or legal action to compel the owner to act
During the last financial year, from July 2023 to June 2024, this specialised Law Enforcement unit closed 425 cases, compared to 207 the previous year.
In addition, the PBU has declared 27 new problematic buildings. It currently has 291 active cases in various stages of investigation and initiated legal proceedings against 55 property owners.
The eThekwini Municipality has launched a Problem Buildings Division to address unsafe structures in the inner city. This initiative aims to collaborate with property owners and has identified around 40 problematic buildings.
Smith and Dlamini stated that progress in addressing problem buildings is taking shape but emphasised that these complex issues take time.
They urged residents to report potential problem buildings to Law Enforcement, as action can only be taken after a formal complaint is lodged.
Conradie suggests that municipalities can combat this by appointing a dedicated project manager to coordinate efforts across departments and stakeholders.
Establishing a problem buildings unit, which some metros have done, would encourage owners to take remedial action while enforcing laws and by-laws is crucial for restoring order in affected communities.
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