Contact Us

Tel: 031 311 7497
Fax: 031 311 7859

Email: enforcement@durban.gov.za

The Enforcement Branch helps to protect the use of properties' as controlled by the Town Planning Scheme. If there is a misuse on a property, then the Appeals and Enforcement Division will take the necessary steps to ensure that the unauthorised use is stopped, for example excessive noise, fumes, traffic generation, illegal use and so on.

What do you do if you have a problem?

A written formal complaint must be lodged with the department and should contain the following details:

  • Your name and address as it may become necessary for you to attend court as a witness on behalf of the Department.
     
  • The address of the property or premises in question.
     
  • The nature of the complaint.

What is the next step?

  • The complaint will be investigated and the department's records will be checked to find out whether Land Use Management authority has been obtained.
     
  • An on-site inspection will be done to confirm that the activity unauthorised and if this is confirmed the owner / occupier will be advised to either cease or comply with the conditions of authority, if any.
     
  • In some instances, the submission of a special consent application may be necessary to regularise a situation, assessed in terms of gravity of matters and prevailing policy of the Council.
     
  • Should no authority have been granted and the offender / transgressor continues to operate, a notice will be issued ordering that the unauthorised use stops (Section 77 of the Town Planning Ordinances No. 27 of 1949 (Natal) ).

How long will it take to process the complaint?

  • Your complaint will be acknowledged by the department within five working days of receipt.
     
  • A follow-up letter advising you of the position and the course of action that the department has decided on will be forwarded to you after the aforesaid 
    inspection. You will be informed of further developments, but please bear in mind that the process is lengthy.
     
  • If the transgressor refuses to comply with the terms of the notice, the matter will be brought before the local magistrate's court. The deptartment is currently seeking High Court interdicts with claims for costs against conspicious offenders.