Multi-million pula development faces demolition

MBONGENI MGUNI
Staff Writer | Friday February 26, 2010 00:00

 

The Gaborone City Council (GCC) is presently awaiting an enforcement notice from the Ministry of Lands and Housing after which the developers will have 21 days to show adherence to the law in terms of the building or face a once off fine of P5 000 and daily fines of P500 until compliance is shown failing which the building will be demolished.

Responding to enquiries from Business Week, GCC spokesperson Seeletso Lekgaba confirmed that the Extension 9 development, believed to be worth between P7 million and P8 million, was the subject of an application by the local authority for an enforcement notice.

Lekgaba said the notice was prompted by the developers' failure to produce records showing compliance with the Town and Country Planning Act with regard to multi-person residential buildings.

'The Gaborone City Council is aware of that issue,' she said. 'It appears that the developers do not have evidence of compliance with the Act. It would appear that they have not gone through the procedures or they do not have records of having gone through the procedures.

'GCC does not have a record of the developers going through the necessary procedures. As a result, GCC has taken the necessary steps in accordance with the law and we are awaiting an enforcement notice from the minister.

'Once this notice is signed, the developers will have 21 days to rectify their failures, which we are aware of. It is very much possible, according to the Act, that demolition could take place. It is up to the minister to order that or not to.'

Sources close to the development say the proposed building flouts sections of the Act regarding setback or the minimum distance between a building and its boundary fence or wall on the sides and the back. According to GCC, the setback for any type of residential building has to be two and half metres if the building is less than five metres tall.

For taller buildings, the setback is required to be not less than half the height of the building. Thus a seven metre-building would have to be not less than three-and-a-half metres from its boundary fence or wall at the back and on the sides.

It is unclear whether there are issues with the building standards of the development itself. 'The building is too close to the boundary wall and its windows overlook neighbours' houses,' says a source. 'It's almost finished now and workers from the contracted firm are busy almost day and night.'

GCC officials said prior to any development, those involved were required to apply to the local authority for planning permission. The Council then studies the parameters involved in accordance with the law, looks at the impact of the development on the neighbourhood, the expected density of traffic and other considerations.

'The Council then takes the application to the Town and Country Planning Board, which will give or deny permission,' said the GCC official.

According to the Town and Country Planning Act, once the enforcement notice is issued, the developers of the Extension 9 building will still have room to appeal to the minister or take their grievances to a magistrate's court which may suspend the notice until consideration of the appeal is given. The GCC spokesperson advises property developers to acquaint themselves with the provisions of the Act in order to avoid time and cost overruns in their projects.

'Members of the public should familiarise themselves with the relevant laws relating to building developments.

They should also acquaint themselves with building codes and standards,' said Lekgaba.