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Trust Freddy Herald Correspondent
In the interest of public health and safety, the Harare City Council has warned commercial buildings owners against illegally subdividing their properties and using plans drawn by unregistered persons in violation of the Architects Act and other model buildings bylaws.
According to the Architects Act (chapter 27:01), unregistered persons are only permitted to design and or draw single-family residential houses designs, along with their outbuildings and factory buildings that are no more than 400 m2 (exempt works).
This comes at a time when turmoil is rife in Harare’s buildings as property owners and in some cases, tenants, partition shops without approval in violation of the town planning regulations.
As a result , each shop might end up accommodating over 20 different indigenous entrepreneurs who do not have business licences and exceeding the number approved by the local authority.
According to a public notice issued yesterday by Harare City Council director of works Engineer Zvenyika Chawatama, the council will be enforcing compliance to the Architects Act (Chapter 27.01) as read in conjunction with Model Building By-laws (1977).
Regarding the occupation and use of buildings, Engineer Chawatama no person shall occupy or use a building which has been erected otherwise than in accordance with plans and drawings approved by the local authority,unless they have the local authority’s written approval.
“Save with the written permission of the local authority, no person shall occupy or use a building for a purpose other than that for which such building was erected.
“No person shall put a building to use in a manner which is liable to depreciate the value of neighboring properties or to cause a nuisance.
“ No person shall permit the occupation or use of a building by persons exceeding the number approved by the local authority. 5. No person shall subdivide a building in such a manner as (a) to be prejudicial to the health or safety of persons using the building or the general public; or (b) to depreciate the value of neighboring properties or to cause a nuisance.”
Health experts have already sounded alarm as some of the new malls are attracting hordes of people, yet they are poorly ventilated and do not have proper ablution facilities.
Property owners first need to apply to their respective local authorities for approvals to go ahead with the subdivisions and after approval, the municipality will inspect the property and give guidelines on how the subdivisions should be carried out. Engineer Chawatama further stated that the City of Harare shall not accept for approval any building plans which do not comply with the said Act and Model Building Bylaws 1977. “All commercial and related buildings (non-exempted works) as stated in the Architects Act (chapter 27:01); shall be designed by registered architects. Designers in each category shall carry full design liabilities as required by the public health and safety laws.
“Serial numbered green forms and yellow forms will be issued per every non-exempted works submission and every exempted Works submission respectively.”
Quoting model building by-laws of 1977, chapter 2, Eng Chawatama said: “In considering plans submitted for approval in terms of Part I, the local authority shall have regard to (a) the location on the site of the proposed buildings; and (b) the design and exterior decoration of a proposed building, and (c) the general appearance which the building is likely to assume, and (d) the suitability of such a building in the setting for which it is designed; and(e) urban aesthetics generally.
“Notwithstanding the fact that a proposed building will comply with these by-laws in all other respects, the local authority may (a) reject the plans of the building: (b) require the plans to be modified; if, in the opinion of the local authority, the proposed building is not likely to be in general harmony with the class and character of buildings in the neighbourhood, or is likely, for any reason whatsoever, to be dangerous or unhealthy.”
However, property owners have been given a grace period of three months to put their houses in order as compliance exercises will effectively start at the beginning of next year.
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