The City of Tshwane has tabled a draft Problem Buildings and Property Management by-law aimed at clamping down on unsafe, abandoned, and illegally occupied buildings. The stated purpose is to make neighbourhoods safer, but the implications for property owners are significant.

This by-law is reportedly designed to address hijacked or neglected buildings that put residents and communities at risk. The measures include regular inspections, compliance notices, and the authority to declare a building a problem property if it is deemed to be unsafe or unlawfully used.

The wide-ranging penalties and enforcement mechanisms which are intended to ensure compliance may have unintended consequences if implemented recklessly. The fines range from R20 000 to R50 000 upfront, with an additional R10 000 per day until compliance is achieved. If a building is officially listed as a problem property, penalties may eventually climb to 10% of its municipal valuation. Furthermore, the City may recover costs for cleanup or security directly from the owner’s municipal account.

The clause that permits expropriation of properties deemed abandoned or neglected is particularly worrying. It hands city officials sweeping discretion and could be misapplied against owners who are unable to afford to make immediate repairs or afford to evict unlawful tenants due to the legal costs associated with the lengthy eviction process. The City also has powers to seek eviction orders, order demolitions, or appoint administrators to collect rent and fund rehabilitation work.

The proposal has sparked debate about whether these measures will genuinely improve urban safety or merely expose owners to financial strain and legal uncertainty.