Apply for an administrative penalty
An administrative penalty applies to any unauthorised structures or land uses identified on a property that contravene the Development Management Scheme (DMS) or conditions of approval of a previous land use approval. To rectify a contravention, you must submit an administrative penalty application.
About
The City’s
Development Management Department checks all building plan applications to ensure compliance with the DMS. If we identify any unauthorised building work or land use on a property, the contravention needs to be rectified.
The property owner can rectify the contravention by:
Please note
An administrative penalty only applies to the aspect of the building work or land use that contravenes the DMS or conditions of approval of a previous land use approval.
The Municipal Planning Tribunal (MPT) will determine an appropriate fee for the administrative penalty application.
To determine the fee, the MPT considers:
- the behaviour of the person involved in the contravention;
- the nature, duration, gravity and extent of the contravention;
- whether the unlawful conduct was stopped; and
- whether or not the person involved in the contravention has previously contravened the current planning by-law or a previous law.
Submit an application
municipal planning by-law
Contraventions are prescribed in terms of section 130 (5) of the
Municipal Planning-By-law (MPBL). To rectify any contravention, you must submit an administrative penalty application in terms of section 42(r) of the MPBL.
We only accept building plans and land use applications submitted online via the
Development Application Management System (DAMS). Read our registration guidelines for help registering if you do not have an account..
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Step 1: Login to e-Services.
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Step 2: Read or download the
user manual and follow the steps to submit an application for the determination of an administrative penalty.
The following documents are mandatory to process the request:
Categories of contraventions to which an administrative penalty does not apply:
On 7 December 2023, Council prescribed updated categories of contraventions to which the provisions of section 130 (2) and (3) of the MPBL do not apply.
View the categories.
View the exemption areas on City Map Viewer:
- Step 1: Go to City Map Viewer.
- Step 2: Open the Spatial Planning Layer
- Step 3: Select 'Administrative Penalty Exempted Area' to view
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