Metro starts tearing down Perridgevale property
● Garage first to go, but municipality also eyeing other structures allegedly built without approved plans
When municipal contractors arrived at a property in Perridgevale yesterday to start demolishing a garage that was built without approval, they found it was being used as a living space, apparently for a visually impaired man and his daughter.
As roof sheets were removed, and curious neighbours looked on, property owner Cecil Primo maintained it was only a matter of time before he received the necessary approval, and that the municipality would be left “with egg on its face”.
But while the garage is the first to go, investigations are still under way into the rest of the property, including student accommodation and a second storey attached to the main house, to confirm if it complies with the National Building Regulations.
Primo has vowed to take further action against the Nelson Mandela Bay municipality as he feels he is being targeted, and that there is a personal agenda against him and his family.
The Kingston Road property first appeared on the municipal building inspectorate’s radar in 2018, a few months after Primo bought and registered the property in his name.
The ward councillor, neighbouring residents and estate agents had complained about the property, prompting a visit from the area’s building inspector in August 2018.
A week after the initial visit, Primo was issued with a notice that he had built without approved building plans.
He was told he should stop construction pending submission and approval of the plans.
What followed was almost three years of back and forth between Primo and the municipality, which resulted in a demolition order being granted for selected sections of the property in July 2021.
In February last year, municipal officials conducted a site visit to the property where a meeting was held to establish which sections were to be demolished.
That order was finally actioned yesterday morning.
The order pertained to a garage built along the perimeter wall of the property, and contractors started by removing the metal roof sheets.
A contractor on site said the demolition could take up to two weeks.
According to the National Building Regulation and Building Standards Act, no construction may take place without approved building plans.
Only registered designers, such as professional architects, architectural technologists or draughtsmen, are permitted to submit plans to their local municipality.
It is that designer’s responsibility to ensure the design complies with any zoning or title deed restrictions applicable to the property.
Once plans are submitted to the municipality, they are circulated between the relevant departments such as town planning, drainage, and fire safety, which then have the opportunity to scrutinise them and provide comment.
Representatives from these departments meet weekly to discuss the submitted plans and comments.
Based on these comments, the building control officer will
recommend plans for approval or non-approval, after which the appointed designer will receive feedback on whether construction can proceed.
During the construction process, building inspectors will visit sites to ensure that what is built on the site is a true reflection of what appears on the approved building plans.
If any unauthorised construction takes place, a notice will be issued for construction to cease pending the submission and approval of plans.
If the property owner does not comply with the notice, the municipality will take further steps.
“We visited the property in Kingston Road this [yesterday] morning where municipal officials executed a demolition order for a building that does not comply with building regulations,” municipal spokesperson Mamela Ndamase said.
“The property owner, Mr Primo, is in violation of Section 4(1) of the National Building Regulation and Building Standards Act, as he is building without prior written approval from the local authority.”
Ndamase said the court order for the demolition of all the illegal building work was granted on July 8 2021.
Following the demolition of the garage, other sections of the property could also be taken down due to an alleged lack of approved building plans.
However, sitting in his kitchen, looking at the municipal contractors tearing down sections of his property, Primo said the municipality had another thing coming if they thought he would take this lying down.
“Of course I will fight this process. I will have to take further steps, because I did nothing wrong.
“I have been in the construction industry for years and I know what the building regulations say.
“I have complied.
“I even allowed them onto my property this [yesterday] morning to comply with their unwarranted demolition order,” Primo said.
Last year, Primo claimed the approval of his plans had been held up by a delay at town planning as he had to change the zoning of his property.
Yesterday, he said his plans were submitted to the building inspectorate and complied with all the necessary regulations.
He said it was therefore only a matter of days before his plans were approved.
“Now what is going to happen when my plans are approved halfway through them demolishing my buildings?
“That is why I am saying they have not heard the last of me.”
Primo said he opened his home to people who had fallen on hard times, housing a visually impaired man and his daughter on the property rent free, and that they would now be without a place to stay once the municipality had finished the demolition.
“We were not issued with an eviction notice or anything,” Primo said.
“I am also yet to see a copy of this demolition order.
“Their officials just showed up, asked for access to my property, and then started tearing it down.”
However, Ndamase said the attorney appointed to the matter had informed him timeously of the demolition.
Officials on the scene also said no eviction notice was required as the section being demolished was never approved as habitable space and appeared on the unapproved building plans as a garage, not an additional dwelling.
Primo said there were properties across the city that did not comply with regulations, yet no action was being taken against them.
“Just take a drive through the northern areas or townships,” he said.
“There is no way all those properties adhere to regulations, yet for some reason I am being targeted.”
Curious neighbours, who emerged from their homes to see what the commotion was about, were reluctant to comment.
One neighbour said he was not concerned about the additional buildings on Primo’s property, but said if there were concerns over regulations, the demolition was warranted.
“I’m not sure about the process, but the law is the law.
“If he does not comply, then he must be held accountable.
“You never know how something like this reflects on the rest of the neighbourhood.
“It might just impact on property value, in which case everyone around could suffer.”
Another neighbour said the construction on Primo’s property had been a topic of discussion for several years, and they welcomed action by the municipality.
“We have seen municipal officials visiting this house in the past, and always wondered if it had to do with the constant construction,” he said.
“I just assumed it was a matter of time until something like this happened.”