With the compilation of the “Draft problem property bylaws” a new set of draft legislation to combat the deterioration of abused and neglected central city properties, the City of Johannesburg is taking steps to counteract a further decline in city environment. However, the draft legislation has been criticized by many.
Drawing attention to this issue recently, David Jacobs, Northern Region Manager for the Rawson Property Group, said that the legislation is aimed at what the city defines as ‘problem properties’.
The Estate Agency Affairs Board’s magazine, Agent, has listed these as properties which are abandoned, overcrowded, illegally occupied, being used as a dumping site, structurally unsound or a threat to safety or health. Also on the list are buildings where taxes, rates and service charges have not been paid for three of the previous 12 months.
The new legislation gives the City of Johannesburg the power to ‘list’ the property as a ‘problem’ and to invite comment and objections from interested parties. The City also then has the power to appoint an administrator who will be given full responsibility for the property.
This apparently enlightened legislation, said Jacobs, has collected considerable ‘flak’ from certain members of the legal fraternity. This appears to be on account of one or two proposed rulings as instructing the administrator to recover rehabilitation costs from the owner.
“This will obviously not be possible,” said Jacobs, “because experience has shown that such owners are often not contactable or are totally unable to pay. Similarly, the administrator is empowered to collect outstanding rents and other sums owing from the building’s tenants. However, most administrators are not equipped to do this and this would in any case be deemed as a violation of the owner’s legal rights.”
In addition, said Jacobs, it has been commented that the City already has enough legislation to deal with this issue if it really makes up its mind to do so.
“We as real estate agents who have franchises active in Johannesburg’s CBD would welcome any steps taken in this direction. Bearing in mind that there are many conscientious CBD landlords and agents who do look after properties well, we now need firmer steps taken to see that those letting the side down are brought to book. It may be that the criticism of the current legislation is justified – we are not in a position to comment on this – but what is certain is that action of some kind is now badly needed.”
