By Correspondent
There two Acts which primarily deal with the issue of demolitions.
The Urban Councils Act and the Rural District Councils Act, with each tailored for its specific area.
The Urban Councils Act
Section 180 and 186 prescribe that illegal structures can be demolished if they are built over sanitary facilities.
These include drains, water pipes, sewers or water mains.
However a prior warning or notice of 30 days must be given by Council.
Many residents have usually ignored Council notices for intent to demolish their illegal houses.
Section 199 gives the councils power to enforce title deed conditions and circumstances under which townships can demolish buildings.
Council can also enact by-laws for the demolition of temporary structures that are unhealthy or have been erected without permission.
This gives it power to demolish both temporary and permanent illegal structures.
Rural District Councils Act
Under Section 73 of the RDC Act states that Councils have the power to demolish any building which has been built in contravention of conditions on its title deed.
This for any changes one has to apply for change of reservation before they can built.
Otherwise, Council has the power to demolish the building on your own land if it is against the conditions stated on the title deed.
Furthermore, it is given the power to recover it’s expenses, incurred in the process of demolitions, from the stand owner.
However, just as under the UCA, Council is required to give or serve notice to the owner and occupier of the building or land before any demolitions.
If one feels aggrieved, after being served a notice of demolition, they can, within 28 days, appeal to the Administrative Court.
