Illegal land use
What is illegal land use?
Illegal land use is a broad way of speaking about the many ways in which land can be used illegally – from building without the right permissions and using land for purposes which it is not supposed to be used, to living on land that belongs to someone else, without permission. We call these actions ‘contraventions’ and these scenarios are governed by the law and must follow specific processes.
Illegal buildings and developments
We investigate and take appropriate action against concerns reported on any of the following perceived contraventions:
- Land or building use or construction, in the wrong zone – i.e. building a commercial property in a residential-only land use zone or living in a building only zoned for commercial use
- Development of new buildings or changes to existing ones
- Alterations to heritage buildings or site
- Development of building or building works without proper permission or approval
- Dangerous buildings or structurally unsound buildings
How to report
Contact one of our Development Management Information Hubs and consult an official. It is best to make sure the situation is actually illegal before reporting.
If and when you do submit an official complaint, please take note of the following:
- Your complaint must be in writing
- It cannot be anonymous
- You have to include your name and address
- You need to include the name and address of the alleged offender
- You will need to give us a detailed account of the alleged contravention or incident
- We may need you to give evidence
You can find out more about how we address incidents like this in our Land Use and Building Complaints Contraventions and Enforcement booklet.
Please note
If the reported land use incident is proven to be illegal, the City will first officially ask the offender to stop their illegal activity. If the offender does not stop, the City can then prosecute. Please be aware that prosecution can take a long time and success often depends on the co-operation, information and evidence provided by complainants.
Illegal land or building occupation
As a caring city, we are aware that many people are desperate for land and housing. However, we also have to protect the rights of land owners, whether private or public.
If someone is illegally occupying land and will be made homeless if evicted, there are a number of processes which we will have to follow to make sure we uphold their basic rights to shelter, as protected by the constitution. The rights of the homeless are also protected by The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE). At the same time, we need to hear about any structures being erected on land, without permission so we can act accordingly.
Report land invasion
If you suspect someone is living on land or in a building that does not belong to them, you can report it to the Land Invasion Unit on 080 022 5669.
Reporting tools
We want our citizens to help us combat illegal activity, especially when it comes to protecting land, property and the environment.
Here are some other common complaints and the numbers you can use to report them:
| Situation | Contact number |
|---|---|
| Fire risks | Fire and Rescue: 021 590 1900 |
| Building rubble on pavements |
|
| Dangerous or overhanging trees | City Parks: 021 400 9538 |
| Air and noise pollution | City Health: 021 590 1419 |
| Illegal informal trading | Metropolitan Police Services Toll-free: 086 076 5423; 021 694 1710 |
| Traffic and parking offences | Traffic Services: 021 596 1480 Toll-free: 086 010 3054 |
| Traffic light problems | Traffic Services: 021 596 1480 Toll-free: 086 010 3054 |
| Street light problems | Roads and Stormwater (toll-free): 080 022 3054 |
| Illegal dumping and waste disposal | Solid Waste Management: 021 694 1710 Illegal dumping hotline: 0860 103 089 |
| Safety on construction sites | Western Cape Department of Health: 021 441 8000 |
report or request a municipal service
If you want to report a common issue, like a verge that needs trimming or a blocked drain, or a problem with a City-run facility, you can either go straight to service requests app or visit City Connect for step by step instructions on how to submit a service request or report a problem.
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