WHAT PROPERTY DEMOLITIONS ARE
a. Definition: In Zimbabwe, property demolitions refer to the intentional destruction or removal of structures, buildings, or other improvements on a property, usually carried out by authorized entities, such as government agencies, local authorities, or law enforcement, to enforce compliance with laws, regulations, or court orders.
b. Who effects property demolitions:
- Local authorities (e.g., Harare City Council, Bulawayo City Council)
- Government agencies (e.g., Ministry of Local Government, Public Works and National Housing).
- Law enforcement agencies (e.g., Zimbabwe Republic Police, Municipal Police)
- Court officials (e.g., Sheriffs, Bailiffs)
c. Common acts relied upon for demolitions:
- Urban Councils Act (Chapter 29:15)
- Rural District Councils Act (Chapter 29:13)
- Building Act (Chapter 20:22)
- Environmental Management Act (Chapter 20:27)
- Public Health Act (Chapter 15:09)
- Land Acquisition Act (Chapter 20:10)
- Deeds Registries Act (Chapter 20:05)
- Survey Act (Chapter 20:21)
- National Museums and Monuments Act (Chapter 25:11)
- Regional, Town and Country Planning Act (Chapter 29:12)
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REASONS AND PREVIOUS CASES OF DEMOLITIONS IN HARARE !!
- Lack of Approved Building Plans !!
Constructing a building without approved plans from Harare City Council is a common reason for property demolitions.
The Regional, Town and Country Planning Act (Chapter 29:12) requires property owners to obtain approved plans before commencing construction. It is thus imperative that you verify if the property you intend to purchase is approved and compliant with relevant laws.Example!!
In 2020, Harare City Council demolished a 4-story building in Avondale due to lack of approved plans, citing non-compliance with Section 36 of the Regional, Town and Country Planning Act.
Unauthorized Extensions/Renovations !!
Making structural changes or additions without necessary permits from Harare City Council can lead to property demolitions.
The Urban Councils Act (Chapter 29:15), Section 154, requires property owners to obtain permits before making alterations.
Example !!
In 2018, Harare City Council demolished unauthorized extensions to a property in Chisipite, citing non-compliance with Section 154 of the Urban Councils Act.
Failure to comply can result in:
– Demolition
– Fines
– Legal action
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- Non-Compliance with LAND USE Regulations !!
Operating a commercial business in a residential area or violating zoning restrictions can lead to property demolitions.
The Regional, Town and Country Planning Act (Chapter 29:12), Section 43, governs land use and zoning.
Example !!
In 2022, Harare City Council shut down a warehouse in a residential area of Southerton due to zoning non-compliance, citing Section 43 of the Regional, Town and Country Planning Act.
Common land use violations:
– Commercial activities in residential areas !!
– Industrial operations in agricultural zones !!
– High-density developments in low-density areas !!
Environmental Hazards and Absence of an EIA Certificate !!
Non-compliance with environmental regulations can lead to property demolitions.
The Environmental Management Act (Chapter 20:27), Section 72, requires property owners to prevent environmental pollution.
Examples !!
– Polluting nearby water sources (Section 73, Environmental Management Act
– Unauthorized waste disposal (Section 75, Environmental Management Act
– Harmful chemical storage (Section 78, Environmental Management Act)
WHAT HAPPENED !!
In 2019, Harare City Council demolished a factory in Workington due to chemical pollution, citing non-compliance with Section 72 of the Environmental Management Act.
- Squatting or Illegal Occupation !!
Occupying land or property without permission or unlawfully can lead to demolitions. This happens even if you purchase from a squatter as they are not legal owners of the property. Buyers are often pronounced squatters despite paying for the property, resulting in double loses.
The Squatters and Unauthorized Occupiers Act (Chapter 18:10) empowers authorities to evict and demolish unauthorized structures.
Example !!
In 2020, Harare City Council demolished illegal settlements in Epworth, citing Section 3 of the Squatters and Unauthorized Occupiers Act.
Boundary Disputes !!
Disputes over property boundaries can result in demolitions.
The Deeds Registries Act (Chapter 20:05) and Survey Act (Chapter 20:21) govern property boundaries.
Scenarios that could result in demolitions !!
– Incorrect boundary pegs
– Overlapping property lines
– Unclear title deeds
IN A SIMILAR CASE THAT OCCURRED IN 2019
A boundary dispute led to the demolition of a property in Chisipite, Harare, citing Section 12 of the Deeds Registries Act.
Non-Compliance with Noise Pollution Regulations !!
Failure to meet noise pollution standards can lead to property demolitions.
The Environmental Management Act (Chapter 20:27) regulates noise pollution.
Scenarios that could result in demolitions !!
– Excessive noise from industrial activities an industry affecting nearby residential areas
– Noise from entertainment venues, like a noise nightclub
– Construction noise exceeding limits
For Example
In 2020, Harare City Council shut down a nightclub in the CBD due to noise pollution (though not demolished, this remains an executable possibility), citing Section 73 of the Environmental Management Act.
- Non-Payment of Rates and Taxes !!
Failure to pay property rates and taxes can lead to property demolitions or auctions.
The Urban Councils Act (Chapter 29:15) and Rural District Councils Act (Chapter 29:13) govern rate payments.
Scenarios for Demolitions/Auctions !!
– Non-payment of property taxes (Section 298, Urban Councils Act)
– Unpaid water and sewage bills (Section 306, Urban Councils Act)
– Refusal to pay rates (Section 292, Urban Councils Act)
FOR EXAMPLE
In 2020, Harare City Council auctioned off properties in Warren Park due to unpaid rates and taxes, citing Section 298 of the Urban Councils Act.
- Non-Compliance with Health and Safety Regulations !!
Failure to meet health and safety standards can lead to property demolitions.
The Occupational Safety and Health Act (Chapter 28:27) and Public Health Act (Chapter 15:09) govern health and safety regulations.
Scenarios !!
– Inadequate fire safety measures (Section 12, Occupational Safety and Health Act)
– Poor sanitation and hygiene (Section 77, Public Health Act)
– Structural integrity issues (Section 13, Occupational Safety and Health Act).
As Happened !!
In 2018, Harare City Council shut down a nightclub in the Harare CBD due to non-compliance with fire safety regulations, citing Section 12 of the Occupational Safety and Health Act. Though not demolished, this remains a possibility in similar cases
The list goes on and on, but we will end here.
As you read the above points, we would like you to know that we are on your side.
VERIFICO LLC: DECLARATION
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