What does “contravention” mean?
“Contravention” means a contravention/disobeying of the land use -or town planning scheme of the applicable Municipality.
What is a Contravention Notice?
“Contravention Notice” means a notice served by the local authority on a property owner or an individual who has committed a contravention in terms of the land use -or town planning scheme of the applicable Municipality.
A property owner is found to have contravened the land use -or town planning scheme of the applicable Municipality if an “illegal” land use is being operated on the subject property without the suitable zoning rights.
Usually it is the neighbour of the contravening property that reports an illegal land use to the Municipality, where-after the Municipality will send a development compliance officer to investigate the alleged contravention.
In Tshwane (Pretoria), a contravention notice is served for the owner to cease all illegal activity within 28 days. The matter is then passed to the Municipal court in order to take legal action in order to force the property owner to cease the illegal activity or to comply with the zoning regulations.
Municipalities are allowed to take action against property owners that uses their properties for purposes other than zoned for.
A property that is zoned Residential 1 should be used for a family dwelling house only and not for business related uses (such as a commune or guest house). Consent-use approval should be obtained in order to operate a legal land use in terms of zoning regulations. A town planner can be appointed to assist property owners in this regard.
Guilty parties can be charged by breaking the property rates policy and with their next property rates & taxes account; the owner can receive a much higher “non-permitted land use” rating.
How do I complain about intrusive uses in my area?
A professional town planner can be appointed to lodge a formal complaint to the Municipality. Town planners can also be appointed to report any illegal land uses or contravening uses to the Municipality.