THE APPROVAL OF BUILDING APPLICATIONS & THE … · CONTRAVENTION OF THE ACT. 4.4 of Act 103/1977 (The Law) states: “Any person erecting any building in contravention of the provisions

THE APPROVAL OF BUILDING APPLICATIONS & THE

COMPLETION CERTIFICATEPresented by:Videsh Boodu

Physical Address: Unit D, 18-20 Cypress Avenue, Stamford Hill, 4001Postal Address: Postnet Suite 149 Private Bag X504 • Northway 4065

Tel: 031 202 4726 • Fax 086 428 1056Email: [email protected] • www.saibd.co.za

1THE APPROVAL OF BUILDING APPLICATIONS & THE COMPLETION CERTIFICATE

Prepared by Videsh Boodu -

mailto:[email protected]

http://www.saibd.co.za/

IS THERE A PROBLEM?

TO ANSWER THIS WE WOULD

FIRST HAVE TO LOOK AT THE

LAW & HOW BUILDING

APPLICATIONS AND

COMPLETION CERTIFICATION

IS HANDLED.



BUILDING WITHOUT THE

REQUIRED CONSENT IS A

CONTRAVENTION OF THE ACT.

4.4 of Act 103/1977 (The Law) states:“Any person erecting any building in contravention of the provisions of subsection (1) shall be guilty of an offence and liable on conviction to a fine not exceeding R100 for each day on which he was engaged in so erecting such building.”



THE L.A. (Local Authority) OBLIGATIONS on

SUBJECTIVE MATTER & WRITTEN REASONS“7(1) If a local authority, having considered a recommendation referred to in section 6(1)(a)-(a) is satisfied that the application in question complies with the requirements of this

Act and any other applicable law, it shall grant its approval in respect thereof;(b) (i) is not so satisfied; or

(ii) is satisfied that the building to which the application in question relates-(aa)is to be erected in such manner or will be of such nature or appearance that-(aaa) the area in which it is to be erected will probably or in fact be disfigured thereby;(bbb) it will probably or in fact be unsightly or objectionable;(ccc) it will probably or in fact derogate from the value of adjoining or neighbouring properties;(bb)will probably or in fact be dangerous to life or property,

such local authority shall refuse to grant its approval in respect thereof and give written reasons for such refusal”



ALL LOCAL AUTHORITY BY-LAWS WERE

REPEALED.

29 of Act 103/1977 (The Law) states:“(1) Subject to the provisions of section 31 the provisions of any law applicable to any local authority are hereby repealed in so far as they confer a power to make building regulations or by-laws regarding any matter provided for in this Act: Provided that such provisions shall be deemed not to have been repealed in respect of-(a) any such building regulation or by-law which has not been replaced by or which is not repugnant to any national building regulation;(b) the area of jurisdiction, or any part thereof, of any local authority in so far as it has in terms of section 2(2) been exempted from the application of any national building regulation, irrespective of whether such area of jurisdiction or part was exempted after the commencement of such national building regulation.”



TIME LIMITS IMPOSED ON THE

LOCAL AUTHORITY FOR A

DECISION NOTICE.7.1 (b) of Act 103/1977 (The Law) states:“Provided that the local authority shall grant or refuse, as the case may be, its approval in respect of any application where the architectural area of the building to which the application relates is less than 500 m², within a period of 30 days after receipt of the application and, where the architectural area of such building is 500 m² or larger, within a period of 60 daysafter receipt of the application.”



BUILDING OCCUPATION WITHOUT

THE REQUIRED CONSENT IS A

CONTRAVENTION OF THE ACT.

14.4(a) of Act 103/1977 (The Law) states:“The owner of any building or, any person having an interest therein, erected or being erected with the approval of a local authority, who occupies or uses such building or permits the occupation or use of such building---------------(iv) otherwise than in such circumstances and on such conditions as may be prescribed by national building regulation, shall be guilty of an offence.”



THERE ARE 3 CONDITIONS TO BE MET

FOR THE LOCAL AUTHORITY TO ISSUE

A COMPLETION CERTIFICATE14 of Act 103/1977 (The Law) states:“(1) A local authority shall within 14 days after the owner of a building of which the erection has been completed, or any person having an interest therein, has requested it in writing to issue a certificate of occupancy in respect of such building-(a) issue such certificate of occupancy if it is of the opinion that such building has been 1erected in accordance with the provisions of this Act and the 2conditions on which approval was granted in terms of section 7, and if 3certificates issued in terms of the provisions of subsection (2) and. where applicable, subsection (2A), in respect of such building have been submitted to it;”

8

Electrical, Structural, Fire Protection & Fire Installation.

THE APPROVAL OF BUILDING APPLICATIONS & THE COMPLETION CERTIFICATEPrepared by Videsh Boodu -

UNLESS A BY-LAW IS SIGNED OFF BY

THE MINISTER, IT IS CONSIDERED VOID

IN TERMS OF THE NBR.

BY-LAWS DO NOT EXIST.

29 of Act 103/1977 (The Law) states:“(8) (a) A local authority which intends to make any regulation or by-law which relates to the erection of a building, shall prior to the promulgation thereof submit a draft of the regulation or by-law in writing and by registered post to the Minister for approval.

(b) A regulation or by-law referred to in paragraph (a) which is promulgated without the Minister previously having approved of it shall, notwithstanding the fact that the promulgation is effected in accordance with all other legal provisions relating to the making and promulgation of the regulation or by-law, be void.”



THE OCCUPANCY (use or function) OF A

BUILDING IS TO BE APPROVED.

ANY CHANGE TO THIS USE / FUNCTION

WITHOUT AN APPROVED APPLICATION IS A

CONTRAVENTION OF THE LAW.

“A25 GENERAL ENFORCEMENTNo person shall use any building or cause or permit any building to be used for a purpose other than the purpose shown on the approved plans of such building, or for a purpose which causes a change in the class of occupancy…………”

10

CHANGE OF USE OF A BUILDING ALSO REQUIRES APPROVAL


SOME TAKE AWAY LESSONSOBLIGATIONS OF THE OWNER:

• Only start construction post

building application approval.

• Do not occupy a building without

an occupation certificate.

• That the use or function of a

building cannot change without a

new building application.



SOME TAKE AWAY LESSONSTHESE OBLIGATIONS ARE SOMETIMES

OVERLOOKED or IGNORED TO THE RISK OF

THE OWNER. WHY IS THIS SO?

• Sometimes these can be attributed to

ignorance of the owner & failure of the

professionals / builders informing the

owner of these obligations.

• Sometimes these can be attributed to the

lengthy approval process and Local

Authority insisting on non-mandated,

onerous requests.



BEFORE WE LOOK AT THE LOCAL

AUTHORITY OBLIGATIONS

WE ASK THAT THE BUILT

ENVIRONMENT

PROFESSIONALS (including

builders, plumbers, carport suppliers

/ installers etc.) INFORM THE

OWNER OF THE LEGAL

OBLIGATIONS




AUTHORITY OBLIGATIONS

ARCHITECTURAL

PROFESSIONALS – NOTE THAT

NOT INFORMING THE OWNER

OF THIS LEGAL OBLIGATIONS IS

A CONTRAVENTION OF THE

ARCHITECTURAL CODE OF

CONDUCT




AUTHORITY’S OBLIGATIONS

IT MUST BE NOTED THAT

SOME LOCAL AUTHORITIES

HAVE IMPROVED ON A FEW

OF THEIR OBLIGATIONS.

WE ARE THANKFUL OF THEIR

EFFORTS TO IMPROVE THE

SITUATION. 15


A building application decision has a time limit.Although the Local Authority has substantially improved in this

area the following problems are evident.

1. The proverbial ‘second bite’ to an application, where a 2nd refusal is based on items not considered in the 1st refusal. This adds another 30 or 60 days to the time limits.

2. Refusals from departments that are mandated by the NBR (storm water & waste water) for ‘No Comment received’ is an admission of non compliance with section 7 of the Act.

PROBLEMS WITH THE CURRENT SITUATIONOBLIGATIONS OF THE LOCAL AUTHORITY:



A refusal notice is subject to written reasons Any refusal notice that vaguely references the title of a part of the NBR or SANS is insufficient reasons that causes undue delays. An example being; “show compliance with SANS 10400 Part P”The ‘deemed to satisfy rules’ for SANS 10400 P (sewer) DRAINAGE has 27 headings under requirements only. These are further broken down into 108 subheadings. With a total page count of 60. (add 90 definitions headings to this = 198 subheadings) just for 1 of many parts.

WE ASK THAT THE REFUSAL NOTICE BE MORE SPECIFIC.




A refusal based on a By-Law is not mandated.Section 29 of the Act = By-Laws do not exist. These (e.g. on site sewer disposal guide & storm water design guideline)

Guidelines not mandated in any law with regards to building applications. These guidelines & their current implementation is too onerous and halting development, having a negative effect on the municipal rates base, Governments development agenda & the GDP. This also contributes to ‘illegal’ development.

WE ASK THAT THE APPLICATION BE JUDGED ON THE NATIONAL BUILDING REGULATIONS & ANY APPLICABLE LAW, NOT GUIDELINES.

THE PROBLEMS WITH THE CURRENT SITUATIONOBLIGATIONS OF THE LOCAL AUTHORITY:



SECTION 7 = SUBJECTIVE MATTER• Section 6 of the NBR describes the functions of the BCO which are all

OBJECTIVE. – Currently a person with the mandated power of the BCO is making this decision.

• Section 7(1)(b) of the NBR describes the functions of the Local Authority & includes SUBJECTIVE matter related to disfigurement, unsightly or objectionable & value of adjoining properties. – Currently the refused decision is based on 1 subheading (& Part XA) of the above & due to the hot climate & low solar irradiance is (subjectively) non relevant.

• The qualifying part in the definition of a local authority is a group of people (note the subjective matter). – Currently a person is making this subjective decision.

WE ASK THAT THE DECISION BASED ON SECTION 7 BE MADE BY THE LOCAL AUTHORITY (group of people) & THAT THE MINUTES OF THE MEETING THAT LEAD TO THE DECISION BE PROVIDED & THAT THE DISCUSSIONS RELEVANT TO THE SUBJECTIVE MATTER OF SECTION 7 BE PROVIDED.




THAT COVERED BUILDING APPLICATIONS IN TERMS

OF SECTION 4 OF THE NBR ACT 103 OF 1977

SECTION 14 OF THE NBR ACT 103 OF 1977 COVERS

THE DUTIES & OBLIGATIONS OF THE OWNER, LOCAL

AUTHORITY & APPOINTED COMPETENT PERSON IN RELATION TO CERTIFICATES OF OCCUPANCY

SECTION 4 PRE CONSTRUCTION PLANNING

SECTION 14 POST CONSTRUCTION OCCUPATION



The Law regarding Occupation Certification.Section 14 of the Act A of the Regulations stipulates the requirements for an occupation certificate issued by the Local Authority 14(1):1. 14(1) The building construction must comply with the approved

application (Section 7).2. 14(2) COC’s from the Electrician for wiring is required.3. 14(2a) COC’s from the appointed competent persons for (a) the

structural system; (b) the fire protection system; (c) the fire installation system,

4. A19 COC’s from the appointed competent persons which required a rational design or assessment.

5. A18 Proof that the appointed Plumber is a trained Plumber in terms of Government Notice No. R. 1875 of 31/08/1979

6. SANS 10400 A Form 4 goes further by stipulating a COC for “energy usage in a building”

SIX (OR LESS) ITEMS LEGALLY REQUIRED FOR AN OCCUPATION CERTIFICATE


one could argue that as the soil poison is not visible for inspection, a certificate should be provided

DEPENDING ON THE APPOINTMENTS OF COMPETENT PERSONS, THIS LIST COULD GROW LONGER

ON

LY IF

AP

PLI

CA

BLE



The current situation regarding Occupation Certification.

Some of the additional requirements from the eThekwini BCO:1. Certificate from Architect for roof insulation.2. Glazing Certificate from SAGGA.3. Surveyors Certificate for position of the Building, even after

the beacon certificate was provided.4. ITC Certificate.5. Separate Engineering Certification for different structural

elements.6. Water Departments Certificate (in terms of a By-Law)7. Plumber to be registered with eThekwini (see point 6)

These 7 items are additional items not required by Law.




The current situation regarding Occupation Certification.Some of the additional requirements form the eThekwini BCO:

1. Certificate from Architect for roof insulation.2. Glazing Certificate from SAGGA.3. Surveyors Certificate for position of the Building, even after the beacon certificate was provided.4. ITC Certificate.5. Separate Engineering Certification for different structural elements.6. Water Departments Certificate (in terms of a By-Law)7. Plumber to be registered with eThekwini (see point 6)

These are additional items not required by Law.

THE RESULT IS THE FOLLOWING:1. The owner cannot occupy the building2. The owner illegally occupies a presumably compliant

building.3. The banks withhold the final draw on building loans.4. Loss of income.5. Stagnation in the development sector.6. The downward spiralling effect of this stagnation.




Let us unpack these additional requirements for Occupation Certification.All deemed to satisfy requirements are to be inspected by the BCO as per section 6 of the Act.

1.Certificate from Architect for roof insulation. – In Most cases this would be a deemed to satisfy design & the duty of the BCO to inspect for the confirmation of material & thickness. THIS REQUEST CAN THEREFORE BE AS TOO ONEROUS & BEYOND THE MANDATED SCOPE OF WORK FOR THE BCO.

2. Glazing Certificate from SAGGA. – In most cases this would be a deemed to satisfy design & therefore the duty of the bco to inspect, in cases where they are not a deemed to satisfy design, a Competent Person is to be appointed to design & inspect &certify. Note the emphasis on Competent Person. SANS 10400 N 4.1.1(a) specifies that glazing & frames are to be in accordance with SANS 10400 B & then list exceptions (deemed to satisfy). SANS 10400 B is for Structural Design & has specific definitions for 3 types of competent persons. THIS REQUEST FOR A SAGGA CERTIFICATE CAN THEREFORE BE AS TO ONEROUS & BEYOND THE MANDATED SCOPE OF WORK FOR THE BCO.

3. Surveyors Certificate for position of the Building, even after the beacon certificate was provided. – REGULATION A11 “Where, in the opinion of the local authority, the location of any boundary of a site has not been accurately determined such local authority may, require the owner, at his own cost, to engage a professional land surveyor and to submit to the local authority a certificate, in an approved form and signed by such professional land surveyor” As can be seen, the requirement is only for the boundary beacons & only if in the opinion of the local authority the beacons where not accurately determined. It is therefore the duty of the BCO to measure the building position if the beacons where pointed out. THIS REQUEST FOR A SURVEYORS CERTIFICATE FOR THE POSITION OF THE BUILDING CAN THEREFORE BE AS TO ONEROUS & BEYOND THE MANDATED SCOPE OF WORK FOR THE BCO.

4. ITC Certificate. – We have observed the request an Institute for Timber Construction certificate for Non-Timber Roofs. THIS IS A WASTEFUL DELAY IN THE CASE OF A CONCRETE OR STEEL ROOF CONSTRUCTION. Again the Laws & Standards require that a Competent Person design, Inspect & Certify the roof construction. This Competent Person is either an Architectural Professional or Structural Engineer. This Appointed Competent Person (in terms of form 2) is to issue the COC. THIS REQUEST FOR AN ITC CERTIFICATE CAN THEREFORE BE AS TO ONEROUS & BEYOND THE MANDATED SCOPE OF WORK FOR THE BCO.

5. Separate Engineering Certification for different structural elements. – The Act, Regulations & Standards treat all structural elements as a system & the appointed Competent Person is to take the overall responsibility for the Structural System. SANS 10400 A form 4 which is the standard certificate to be used also describes the structure as a system. THIS REQUEST FOR SEPARATE CERTIFICATES CAN THEREFORE BE AS TO ONEROUS & BEYOND THE MANDATED SCOPE OF WORK FOR THE BCO.

6. Water Departments Certificate (in terms of a By-Law) (see point 7 below) – As quoted previously By-Laws in terms of building applications DO NOT EXIST. Until such time that the Minister signs off this ‘By-Law’ THIS REQUEST CAN THEREFORE BE AS TO ONEROUS & BEYOND THE MANDATED SCOPE OF WORK FOR THE BCO.

7. Plumber to be registered with eThekwini (see point 6) – Regulation A18 is the Control of Plumbers & Plumbing Work. It further restricts plumbing works to a person contemplated in GN R. 1875 of 31 August 1979. It further restricts the Local Authority as such “No local authority shall, for the purposes of these regulations, register any person to practise the trade of plumbing after the coming into operation of the Act.” eThekwini Municipality has a list of registered plumbers under there ‘By-Laws.’ This ‘by-law’ cannot be used in terms of the NBR & the Occupation Certificate. THIS REQUEST CAN THEREFORE BE AS TO ONEROUS & BEYOND THE MANDATED SCOPE OF WORK FOR THE BCO.





1. Certificate from Architect for roof insulation. – In Most cases this would be a deemed to satisfy design & the duty of the BCO to inspect for the confirmation of material & thickness. THIS REQUEST CAN THEREFORE BE AS TO ONEROUS & BEYOND THE MANDATED SCOPE OF WORK FOR THE BCO.

2.Glazing Certificate from SAGGA. – In most cases (buildings walls <10m tall) this would be a “deemed to satisfy” design & therefore the duty of the BCOto inspect, in cases where they are not a deemed to satisfy design, a Competent Person is to be appointed to design & inspect & certify. Note the emphasis on Competent Person. SANS 10400 N 4.1.1(a) specifies that glazing & frames are to be in accordance with SANS 10400 B & then list exceptions (deemed to satisfy). SANS 10400 B is for Structural Design & has specific definitions for 3 types of competent persons. THIS REQUEST FOR A SAGGACERTIFICATE WHERE THE DEEMED TO SATISFY RULE IS USED IS THEREFORE TOO ONEROUS & THE BCO IN TO INSPECT FOR THE COMPLIANCE.







25

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2. Glazing Certificate from SAGGA. – In most cases this would be a deemed to satisfy design & therefore the duty of the BCO to inspect, in cases where they are not a deemed to satisfy design, a Competent Person is to be appointed to design & inspect &certify. Note the emphasis on Competent Person. SANS 10400 N 4.1.1(a) specifies that glazing & frames are to be in accordance with SANS 10400 B & then list exceptions (deemed to satisfy). SANS 10400 B is for Structural Design & has specific definitions for 3 types of competent persons. THIS REQUEST FOR A SAGGA CERTIFICATE CAN THEREFORE BE AS TO ONEROUS & BEYOND THE MANDATED SCOPE OF WORK FOR THE BCO.

3.Surveyors Certificate for position of the Building, even after the beacon certificate was provided. – REGULATION A11 “Where, in the opinion of the local authority, the location of any boundary of a site has not been accurately determined such local authority may, require the owner, at his own cost, to engage a professional land surveyor and to submit to the local authority a certificate, in an approved form and signed by such professional land surveyor” As can be seen, the requirement is only for the boundary beacons & only if in the opinion of the local authority the beacons where not accurately determined. It is therefore the duty of the BCO to measure the building position if the beacons where pointed out. THIS REQUEST FOR A SURVEYORS CERTIFICATE FOR THE POSITION OF THE BUILDING IS THEREFORE TOO ONEROUS & BEYOND THE MANDATE OF THE BCO, TO REQUEST THIS.






26

BCO

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EASU

RE T

HE P

OSIT

ION






4.ITC Certificate. – We have observed the request an Institute for Timber Construction certificate for Non-Timber Roofs. THIS IS A WASTEFUL DELAY IN THE CASE OF A CONCRETE OR STEEL ROOF CONSTRUCTION. Again the Laws & Standards require that a Competent Person design, Inspect & Certify the roof construction. This Competent Person is either an Architectural Professional or Structural Engineer. This Appointed Competent Person (in terms of form 2) is to issue the COC. THIS REQUEST FOR AN ITC CERTIFICATE IS THEREFORE TOO ONEROUS & BEYOND THE MANDATE OF THE BCO, TO REQUEST THIS. NOTE THAT THE INSTITUTE OF TIMBER

CONSTRUCTION IS NOT MENTIONED IN THE LAW, REGULATIONS AND STANDARDS5. Separate Engineering Certification for different structural elements. – The Act, Regulations & Standards treat all structural elements as a system & the appointed Competent Person is to take the overall responsibility for the Structural System. SANS

10400 A form 4 which is the standard certificate to be used also describes the structure as a system. THIS REQUEST FOR SEPARATE CERTIFICATES CAN THEREFORE BE AS TO ONEROUS & BEYOND THE MANDATED SCOPE OF WORK FOR THE BCO.6. Water Departments Certificate (in terms of a By-Law) (see point 7 below) – As quoted previously By-Laws in terms of building applications DO NOT EXIST. Until such time that the Minister signs off this ‘By-Law’ THIS REQUEST CAN THEREFORE BE AS TO

ONEROUS & BEYOND THE MANDATED SCOPE OF WORK FOR THE BCO.7. Plumber to be registered with eThekwini (see point 6) – Regulation A18 is the Control of Plumbers & Plumbing Work. It further restricts plumbing works to a person contemplated in GN R. 1875 of 31 August 1979. It further restricts the Local Authority

as such “No local authority shall, for the purposes of these regulations, register any person to practise the trade of plumbing after the coming into operation of the Act.” eThekwini Municipality has a list of registered plumbers under there ‘By-Laws.’ This ‘by-law’ cannot be used in terms of the NBR & the Occupation Certificate. THIS REQUEST CAN THEREFORE BE AS TO ONEROUS & BEYOND THE MANDATED SCOPE OF WORK FOR THE BCO.


27

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4. ITC Certificate. – We have observed the request an Institute for Timber Construction certificate for Non-Timber Roofs. THIS IS A WASTEFUL DELAY IN THE CASE OF A CONCRETE OR STEEL ROOF CONSTRUCTION. Again the Laws & Standards require that a Competent Person design, Inspect & Certify the roof construction. This Competent Person is either an Architectural Professional or Structural Engineer. This Appointed Competent Person (in terms of form 2) is to issue the COC. THIS REQUEST FOR AN ITC CERTIFICATE IS THEREFORE TO ONEROUS & BEYOND THE MANDATED SCOPE OF WORK FOR THE BCO.

5.Separate Engineering Certification for different structural elements. – The Act, Regulations & Standards treat all structural elements as a system & the appointed Competent Person is to take the overall responsibility for the Structural System. SANS 10400 A form 4 which is the standard certificate to be used also describes the structure as a system. THIS REQUEST FOR SEPARATE CERTIFICATES IS THEREFORE TOO ONEROUS & BEYOND THE MANDATED SCOPE OF WORK FOR THE BCO.











5. Separate Engineering Certification for different structural elements. – The Act, Regulations & Standards treat all structural elements as a system & the appointed Competent Person is to take the overall responsibility for the Structural System. SANS 10400 A form 4 which is the standard certificate to be used also describes the structure as a system. THIS REQUEST FOR SEPARATE CERTIFICATES IS THEREFORE TO ONEROUS & BEYOND THE MANDATED SCOPE OF WORK FOR THE BCO.

6.Water Departments Certificate (in terms of a By-Law) (see point 7 below) –As quoted previously By-Laws in terms of building applications DO NOT EXIST. Until such time that the Minister signs off this ‘By-Law’ THIS REQUEST IS NOT A REQUIREMENT / MANDATED.










5. Separate Engineering Certification for different structural elements. – The Act, Regulations & Standards treat all structural elements as a system & the appointed Competent Person is to take the overall responsibility for the Structural System. SANS 10400 A form 4 which is the standard certificate to be used also describes the structure as a system. THIS REQUEST FOR SEPARATE CERTIFICATES IS THEREFORE TO ONEROUS & BEYOND THE MANDATED SCOPE OF WORK FOR THE BCO.

6. Water Departments Certificate (in terms of a By-Law) (see point 7 below) – As quoted previously By-Laws in terms of building applications DO NOT EXIST. Until such time that the Minister signs off this ‘By-Law’ THIS REQUEST IS THEREFORE TO ONEROUS & BEYOND THE MANDATED SCOPE OF WORK FOR THE BCO.

7.Plumber to be registered with eThekwini (see point 6) – Regulation A18 is the Control of Plumbers & Plumbing Work. It restricts plumbing works to a person contemplated in GN R. 1875 of 31 August 1979. It further restricts the Local Authority by “No local authority shall, for the purposes of these regulations, register any person to practise the trade of plumbing after the coming into operation of the Act.” Currently eThekwini Municipality has a list of registered plumbers under there ‘By-Laws.’ This ‘by-law’ cannot be used in terms of the NBR for Applications & Occupation Certificate. THIS REQUEST IS THEREFORE TOO ONEROUS & BEYOND THE MANDATE OF THE BCO, TO REQUEST THIS.




Section 5(1) of the NBR requires that a Local Authority appoint a

Building Control Officer “to exercise and perform the powers, duties

or activities granted or assigned to a building control officer by or under

this Act.”

Section 6(1) Functions of Building Control Officers: “A building control

officer shall-

a) make recommendations to the local authority in question, regarding

any plans, specifications, documents and information submitted to

such local authority in accordance with section 4(3);

b) ensure that any instruction given in terms of this Act by the local

authority in question be carried out;

c) inspect the erection of a building, and any activities or matters

connected therewith, in respect of which approval referred to in

section 4(1) was granted;

d) report to the local authority in question, regarding non-

compliance with any condition on which approval referred to in

section 4(1) was granted.”

THE DUTIES & POWER OF THE BCO



• That when in doubt the architectural

professional and / or owner requests in

writing in terms of the National Building

Regulations & Standards Act 103 of 1977 and

PAJA the legislated requirement for a request.

• That the BCO base the Occupation Certificate

on the National Building Regulations & Standards Act 103 of 1977.

OUR SUGGESTIONS & REQUESTS


Tel: 031 202 4726 • Fax 086 428 1056Email: [email protected] •www.saibd.co.za





THE APPROVAL OF BUILDING APPLICATIONS & THE COMPLETION CERTIFICATE

Presented by:Videsh Boodu

END OF PRESENTATIONQUESTIONS & DISCUSSION TIME


Tel: 031 202 4726 • Fax 086 428 1056Email: [email protected] •www.saibd.co.za





Documents

THE APPROVAL OF BUILDING APPLICATIONS & THE … · CONTRAVENTION OF THE ACT. 4.4 of Act 103/1977 (The Law) states: “Any person erecting any building in contravention of the provisions