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Council Demystify land Rates Payment

HWANGE Local Board (HLB) chairman Councillor Nqobile Ocean Mabhena
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HWANGE Local Board (HLB) is calling on owners of derelict land to expedite payment of rates so as to guard against repossession.

HLB Town Secretary Pastor Ndumiso Mdlalose said those who own a piece of land within the local authority jurisdiction were entitled to pay some form of rates inline with the Urban Councils Act.

 The latest revelations follow an uproar by some residential stand owners querying the local authority’s audacity to bill them despite being located in un-serviced areas or having uncompleted structures.

 According to the Urban Councils Act section 218 all land owners are liable to be charged by a local authority.

 “There is a lease agreement between the land owner and Council which compels the owner to pay a lease fee upon being allocated a stand, this is paid whether the stand is un-serviced or serviced. “Stands with title deeds don’t pay lease fees but are made to pay rates only and service charges while those with leases and are serviced should pay lease fee plus rates,” said Pastor Mdlalose.

He further said if a stand is located within a serviced area the owner is required to pay for all the services rendered to others.

“Every stand should pay something to Council. If the stand is located in a serviced area the owner should pay all service delivery charges (lights, refuse collection, road and sewer maintenance) whether he has developed or not because it is deemed they are the user of such,” said Pastor Mdlalose.

The local authority is seized with the matter of an increase in the number of derelict land. Derelict land is land whose rates have not been paid for a period of five years and above.

HLB has also in the past expressed concern about the high number of residential and commercial stands that have remained under-developed for several years. According to council regulations, if an owner fails to develop a stand for two years, the local authority can repossess it without paying any compensation.

HLB has the authority to repossess these properties as guided by the Titles Registration and Derelict Lands Act (chapter 20:20). Urban Councils Act: Section 218 Owners of land may be charged for services made available Where— (a) any stand, lot, premises or other area, whether with or without improvements, within the council area is or could reasonably be connected to any sewer, water main or electricity main of the council; or

 (b) a service for the removal of refuse, whether trade, domestic or otherwise, has been made available by the council to any stand, lot, premises or other area, whether with or without improvements, within the council area; the owner of that stand, lot, premises or other area—

(i) shall be deemed to be the user of the service in question, whether or not he makes use thereof; and

(ii) may be charged by the council such amount as the council may fix in respect of the service: Provided that the amount so fixed by the council shall not exceed the minimum rate payable to the council by actual users of the service concerned for the time being.

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