Building question

Hello

We are currently having major issues with the local municipality reference a building permit for a property we own.

The planning officer is refusing to accept our application for a permit unless we agree (prior to application) that we will move the proposed wall back several meters from our boundary to allow a neighbour to drive across the bottom of garden so he can park his car on his land ( the path to our neighbours house is a footpath not a road and is four and a half feet wide). Our neighbour has complained to the municipality that our wall ( we have cleared the undergrowth in preparation) will be outside our boundary as he has driven across the end of our land on previous occasions (when the site was derelict for a few months prior to our construction).

We have been to the municipality planning office several times over the past few days to apply for the permit but each time we attend the inspector simply says "you will agree to move your wall back from your boundary or I will not grant your permit". They dully admit it's our land but are refusing to even accept our application unless our architects drawings show the wall back from the boundary.

The surrounding properties have no set back and as such ours would not have to have one as stated by their own planning guidelines!

When we question this the inspector just says "it's the law". He agrees that its our land and as such the neighbour has no access to it, so without a wall he can't drive his car across our land anyway. But if we build the wall we must move it back to allocate enough room to get his car in ! ! !

The last time we attended the municipality to apply the inspector literally walked away from the desk and told us we agree or we get out!

We now have our solicitor involved.

Is this common practice among municipality employees? Would complaining to the municipality achieve anything?

We are going in circles and getting really frustrated. Two immediate neighbours knocked down their own old walls as we would be building brand new standard walls which they would obviously get for free. The neighbour who made the complaint lives 150m away and isn't adjoining our land. So now we have our neighbours on our backs wanting us to start but without the permit we legally can't!

What would happen if we just built without the permit, do municipalities actually ever take people to courf/fine for this?

Any advice would be most appreciate,

Thanks

Hello gssilemaurice

gssilemaurice wrote:

What would happen if we just built without the permit, do municipalities actually ever take people to courf/fine for this?

Any advice would be most appreciate,

Thanks


Too bad to read the troubles your neighbours are giving you and it's sad to say that it's a very common issue here!

Municipalities can get the walls knocked down if you build without permit! It is not advised at all! Better wait till your solicitor tells you what you can legally do or not.

Regards
Kenjee
Expat.com

Also find out if that inspector is on the take and has had a mutual agreement with that neighbour ( I know I will get flamed but since it is and has been  the Modus Operandi as far as town and city councils are concerned , well better let you know so that your solicitor can look at that angle also). Worth escalating it by having a journalist ( print or like radio 1 ) bringing this kind of situation in the open .

Hi.
1. The  municipality must accept your application in the first place. You should submit your application at the designated counter. The inspector has nothing to do with the submission of the application. His work starts after the application has been submitted and accepted by the clerk at the counter. If they find that there is any missing documents or some amendments must be made, the municipality should inform you in writing within two weeks of the submission of your application.
2. If the clerk doesn't accept your application, ask him for a written explanation as to why he is refusing your application. If he refuses to give you a written explanation, tell him that you will file a complaint with the nearest police station, the Mayor and the Town Clerk.
3.If the clerk still refuses to accept your application, file a complaint with the nearest police station. Ask for a meeting with the Mayor and the Town Clerk. Bring your attorney when you meet the Mayor and the Town Clerk.
N.B
A few years back, I asked for a building permit for the construction of a block of flats. The inspector kept asking me verbally to make some changes/modification. After accepting to make the verbally requested changes for more than three months, I was fed up. I asked my Attorney to accompany me in a meeting with the Town Clerk. After listening to me, the Town Clerk called in the inspector. The latter couldn't give valid reasons for asking for the changes. I received my approved plans without any changes or modifications within one week.

I hope the above will be of help to you.
You can contact me onxxx or by email at xxx if you need help.

Regards,
Ihsan

Moderated by Bhavna 8 years ago
Reason : Members should exchange their contact details via private message. As for professionals, they should freely register in the business directory.
We invite you to read the forum code of conduct

A back hander with a wad of money will get you what you want 😀

External wrote:

Also find out if that inspector is on the take and has had a mutual agreement with that neighbour ( I know I will get flamed but since it is and has been  the Modus Operandi as far as town and city councils are concerned , well better let you know so that your solicitor can look at that angle also). Worth escalating it by having a journalist ( print or like radio 1 ) bringing this kind of situation in the open .


+1. Most municipal officers are on the take.. which is common knowledge. Take matters public and refer to a solicitor and newspaper too. The officer might be a family friend of the person who complained.

While my post is still active as this site admins are too keen to discourage any criticism of the govt bodies.

Adding to my above statement could you pm me your town or city where you are based. There is an old saying that if you are unable to get your work done by being polite and honest then you will have to bend your ways. I might be advice at no cost to you or if you need some heavy muscle for free... :D

Hello everyone,

Just to inform you that this thread is quite old.   :huh:

Should you want to share any information/experience do not hesitate create a new thread on the Mauritius forum.

Cheers,

Cheryl
Expat.com team

[Topic closed]

Closed