George Municipality has taken note of recent media reports and statements made by the Minister of Human Settlements regarding the National Home Builders Registration Council (NHBRC) investigative report into the Victoria Street building collapse on May 6, 2024.

George Herald reports that the municipality said the comment by the minister refers specifically to the NHBRC’s procedures.

“The George Municipality did not receive a copy of the report under discussion and cannot comment on the contents thereof. The investigation is in the hands of the SAPS,” the municipality said in a statement.

“George Municipality acknowledges the public interest in this matter and wishes to clarify the municipal role regarding the approval process for the development on Erf 15098 George, as well as its co-operation with relevant authorities during the investigation process.”

According to the statement, as part of the 2023/24 audit, the Auditor-General of South Africa conducted a high-level review of the municipality’s building control functions – specifically plan approvals, compliance inspections and the issuing of occupation certificates. “The building plans for Erf 15098 George were included in this audit. No significant findings were identified, and no corrective actions were recommended.”

The municipality said that the initial pre-application for the rezoning of Erf 15098 was submitted on September 3, 2020, followed by a revised pre-application submission, received on November 23, 2020, proposing a five-storey block of flats with a rooftop deck. The rezoning application was submitted on April 20, 2021, and approval was granted on October 1, 2021.

A site development plan was submitted on April 21, 2022, and approved on May 25, 2022, whereby it was confirmed that all the planning requirements applicable to the proposed development were addressed in the proposed layout.

The building plan, consisting of a basement, ground floor parking, and four residential floors (a total of five storeys), was submitted on July 12, 2022, and approved on July 6, 2023, after being deferred for corrections and additional information. This building plan corresponded with the approved site development plan.

“In accordance with Section A22, the engineer informed the municipality on June 29, 2023, that they intend to commence with construction on July 3, 2023. The municipality advised that the plans were not yet approved. Further enquiry was made on July 6, 2023, upon which it was confirmed that the plans were approved.

“The municipality does not have evidence that the construction commenced prior to approval of the building plan. Note that the National Building Regulations do not demand of the municipality to verify that the owner has registered their project with the NHBRC prior to commencement. Compliance with the Housing Consumers Protection Measures Act [94 of 1998] is the responsibility of the developer and is enforced by the NHBRC.

“Although the municipality has not received the NHBRC’s full report, it has been noted in public statements that construction commenced without the required NHBRC enrolment certificate, and that the building was registered with the NHBRC as a single-storey structure,” the municipality said.

This process – registration, enrolment and inspection – is carried out exclusively by the NHBRC in collaboration with the developer and their appointed professional team. Municipal building inspectors are not involved in this process. The only building plan application submitted to the municipality was for a five-storey development, the municipality said.

“It is important to clarify the distinction in responsibilities – municipal inspectors are responsible for compliance with National Building Regulations and local building control bylaws, zoning laws, and other municipal bylaws; while NHBRC inspectors oversee compliance with national home-building standards and enforce regulations under the Housing Consumers Protection Measures Act.

“George Municipality was approached by the Western Cape Provincial Government, SAPS and ECSA during the week of the incident and provided the required documentation on the day of their visits to our offices.

“The NHBRC requested a meeting to be held on July 30, 2024, to gather information in support of their internal investigation and the municipality fully co-operated by providing all requested information and support during this meeting. The municipality is not aware of any attempts by the NHBRC to meet or engage prior to this date, and any claims suggesting a lack of co-operation are strongly refuted.

“The municipality reiterates that it is not involved in any on-site construction inspections, which are carried out by the developer’s appointed professionals, and in the case of residential developments, overseen by the NHBRC.

“The municipality acted in accordance with its standard protocols, and the scale and massing of the building is not out of the ordinary for today’s norms and standards, where we live in an era where building of 30 storey and more are designed. The fact remains that an engineer must design and oversee the execution of the design, and the NHBRC is the oversight for the duration of the construction project.

“George municipality remains committed to transparency, accountability, and collaboration with all oversight bodies to ensure public safety and regulatory compliance.”

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