Tshwane warns building owners: Comply or face legal action

The metro is informing building owners in the city that they must adhere to national building regulations or face legal action.

This announcement comes after a building fire last week in Sunnyside that claimed the lives of two people .

MMC for Economic and Spatial Planning, Sarah Mabotsa, says that various certifications are required to be compliant with the National Building Regulations and Building Standards Act, and the city will not make any exceptions.

“To comply with this act, when acquiring a property with an existing building, the buyer must ensure that the seller provides them with a copy of approved building plans for all existing buildings on the property; a certificate of occupancy as per the approved building plans; and certificates of compliance for electricity, plumbing, and gas installation if applicable,” Mabotsa said.

For all proposed new work, such as new buildings on vacant land, or additions and alterations to existing buildings, the owner of the property must appoint an architect who is registered with the South African Council for Architectural Professions (SACAP).

One can confirm if the architect is registered with SACAP by searching the register of professionals at www.sacapsa.com.

The mandatory documents for the submission of a building plan application include a copy of the title deed, the zoning certificate, a diagram from the surveyor-general, the sewer connection slip, an engineer appointment form (if applicable), the agreement certificate (if applicable) and the architect’s registration certificate.

Except for Class H4 buildings (residential buildings that stand on their own plot of land, with no other large buildings on the property), building plans for all residential buildings are circulated for comment to various departments.

After obtaining all mandatory comments, the city’s building control division evaluates the application and approves or disapproves the building plan.

During the construction phase, there are three mandatory inspections conducted by the metro. These mandatory inspections take place when the foundation is set out, when open drainage is installed, and the final inspection after all construction has been finished.

For all residential buildings, except Class H4 buildings, the city departments that render comments on the initial building plan must also conduct a final inspection of the building, in conjunction with building control and building plan management.

If all departments are satisfied that the building complies with their respective legislation, the certificate of occupancy will be issued stating that the building is ready for occupation.

“Failure to comply with the abovementioned process may result in contravention of the National Building Regulations and Building Standard Act, resulting in the city instituting legal action against the owner of the property in question and, subsequently, a fine or a demolition order as determined by the court,” Mabotsa said.

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