Building Without Authority

We have become increasingly aware of instances of employees (or ex-employees) and /or occupiers building without permission of the landowner. 

This problem is compounded by the speed with which buildings can be built on a farm, sometimes without the landowner’s knowledge. Buildings can literally be started and finished within a few weeks and sometimes as quickly as a few days. 

McCarthy & Associates Attorneys have had to proceed to court recently and more frequently, among other things: 

1.  Interdict the continued building of unauthorized structures; and/or
2. Obtain orders to demolish structures.

Such litigation is emotional and can be expensive. 

SOLUTIONS 

1. The landowner (preferably via a third party) must communicate the accommodation rules (in English and Zulu) to employees/occupiers, which rules include no building without authority;
2. Landowners should record the status of housing/buildings annually.  This can be done through photographs taken of each household along with Google Earth photos;
3. Landowners should conduct monthly inspections of the housing on their properties;
4. If there is evidence of a site being cleared or building materials being brought onto the property, the landowner must IMMEDIATELY:

• Communicate verbally to the employee/occupier who is building that they may not build; and 
• Confirm this in writing (in English and Zulu) with proof of service; and 

• Photograph the site/building materials/building operation; and 
• Seek legal advice. 

Please also see our previous article in this regard, Problems and Solutions for Employee Accommodation  (24 May 2022)