Have you received a Contravention Notice for a property in the City of Tshwane (Pretoria)?
First – We need to understand what a Contravention Notice is
A contravention notice refers to a legal document issued by the City of Tshwane Metropolitan Municipality when there has been a breach of planning regulations or conditions of the Tshwane Town Planning Scheme 2008 (revised 2014).
The notice typically serves as a formal notification, informing the property owner of the violation and the actions required to rectify it.
A contravention notice is typically issued when the owner or party uses a property without the necessary approval from the City of Tshwane Metropolitan Municipality. In most cases, a change of land use has been carried out without the necessary approval from the City of Tshwane.
Example: using a residential 1-zoned property for business purposes.
Why did I receive a Contravention Notice?
In most cases, a neighbour or person in the neighbourhood can bring the unauthored land use to the attention of the City of Tshwane Metropolitan Municipality by means of a complaint. The City of Tshwane will then conduct a site visit to determine if the property owner or party is contravening and breaching the current zoning in terms of the Tshwane Town Planning Scheme 2008 (revised 2014).
The City of Tshwane can also conduct random site visits and land audits to ensure compliance in a specific area.
The implications of receiving a Contravention Notices
Should the owner of a property or party utilizing a property be served with a contravention notice for non-compliance, it can have certain implications. Failure to comply with a contravention notice can lead to the following:
- Legal Action: In certain cases, the City of Tshwane can start with legal action against the property owner for non-compliance with the relevant planning regulations.
- Penalties and Fines: In most cases, a contravention notice can lead to a one-time penalty or monthly fines issued by the City of Tshwane.
It is important for property owners, individuals, or organizations who receive a contravention notice to seek assistance from a professional town planner to understand their options and obligations moving forward.
What can I do after receiving a Contravention Notice?
Effectively, there are two options to consider when a contravention notice is received.
- Option 1: Stop and cease the activity. In most cases, the property must be restored to its original land use.
- Option 2: Consult with a professional town planner to understand what process is required to legalize the land use. A rezoning application or consent use application can be recommended by the town planner for the unauthorized use.
When a land use application is submitted, it is important that the town planner carry out a proper desktop assessment to ensure that the City of Tshwane will support the application. This is to ensure that the land use is in line with Council Policy and the Spatial Development Framework of the City of Tshwane Metropolitan Municipality.
Contact Urban Arrow today to assist with your Contravention Notices
