The eThekwini Municipality intends tackling the issue of derelict buildings in the City through the recently gazetted Problem Building By-law.

The By-law aims to provide for the identification, control and rehabilitation of problem buildings in the City.

The By-Law makes provision for different admission of guilt fines for different offences.

For example the proposed fine for entering, occupying or permitting the occupancy of any problem building which a notice has been served is R5 000. Hindering an authorised Municipal official from exercising their duty is R1 500.

Meanwhile the proposed fine for failure to comply with a lawful instruction of a Municipal official or in terms of the By-law is R1 500 as is failure to comply with a compliance notice.

The maximum penalty for anyone found guilty of an offence under this By-law is a fine not exceeding R500 000, imprisonment not exceeding three years or both the fine and imprisonment.

These are the proposed fines which still have to be approved by the Chief Magistrate. Once approved, the amounts will be made public.

This By-law will be enforced in combination with other By-laws as a problem building usually contravenes the Fire By-law, the National Building Regulations, Health and other By-laws.

The By-law is currently in the training and implementation phase with enforcement expected to be rolled out next year. Officials from Safer Cities and iTrump Units are being trained to effectively enforce it.

The By-law outlines steps to identify and label a building as a problem building. This includes buildings that are derelict in appearance or showing signs of becoming unhealthy, unsanitary or unsightly.

The building may also be or appears to have been abandoned by the owner regardless of whether or not rates are being paid. A problem building is also one that is overcrowded, illegally occupied or hijacked.