BSB International Link CC v Readam South Africa (Pty) Ltd and Another

BSB International Link CC (BSB) erected a commercial building on Erf 426, Parkmore Township, Johannesburg. Readam South Africa (Pty) Ltd (Readam), an adjacent property owner, alleged that the building was constructed without lawful approval of building plans in terms of the National Building Regulations and Building Standards Act 103 of 1977 (NBSA) and in contravention of the Sandton Town Planning Scheme, particularly regarding maximum coverage (60%) and parking requirements. The City of Johannesburg Metropolitan Municipality, although cited, failed to participate meaningfully and produced an incomplete Rule 53 record. Expert evidence showed that the building covered approximately 86% of the site and provided insufficient parking. The High Court granted an order reviewing the approval of the plans and directing partial demolition to ensure compliance. BSB appealed, mainly contending that the incomplete municipal record prejudiced its defence and that the demolition order was incompetent.

The appeal was dismissed with costs, save that the High Court order was amended to substitute an order reviewing and setting aside the unlawful approval of the building plans under section 7 of the NBSA, and to add a requirement that a suitably qualified engineer certify that partial demolition would not compromise structural integrity or safety.

The case clarifies the locus standi of adjacent property owners to challenge unlawful building plan approvals and to seek demolition relief at common law. It affirms that unlawful municipal approval of building plans is reviewable under the NBSA and draws an important distinction between the statutory demolition remedy in section 21 of the NBSA and broader common-law discretionary remedies. The judgment also raises significant constitutional and interpretive concerns regarding the rigidity of section 21 as interpreted in earlier authority.