SA Building Regulations (NBR) Introduction

1,263 Comments

1. Hi Mariclaire, Container homes are becoming increasingly popular in South Africa, but they must comply with national and municipal building regulations before they can be legally erected. Here’s what the user needs to know:

   1. Compliance with SANS 10400 (National Building Regulations)

   Even though a shipping container is a pre-built structure, it still qualifies as a “building” under the National Building Regulations and Building Standards Act (Act 103 of 1977). This means:

   ✅ Municipal Approval Required – The local municipality must approve building plans before placing the container on-site.
   ✅ Structural Integrity – The container must meet structural stability requirements, especially if modifications (doors, windows, load-bearing changes) are made.
   ✅ Safety & Health Standards – Ventilation, insulation, and fire safety must comply with SANS 10400-T (Fire Protection) and SANS 10400-O (Lighting & Ventilation).

   2. Zoning & Land Use Regulations

   Before erecting a container home, the property must be zoned for residential use. The user should:

   Check municipal zoning regulations to confirm that a container home is allowed.

   Obtain special approvals if the container will be used as a secondary dwelling.

   Comply with aesthetic guidelines, especially if the home is in a residential estate or controlled area.

   3. Foundations & Utility Connections

   Even if the home is unclad, it still requires:

   A proper foundation to support the container (municipality may require engineer approval).

   Water, sewage, and electricity connections that comply with local bylaws.

   4. Temporary vs. Permanent Structure

   If the container is temporary, some municipalities may allow it without full building plan approval. However, if it is intended as a permanent dwelling, it must comply with all SANS 10400 regulations and municipal bylaws.

   5. Next Steps for You the User

   1️⃣ Check with the local municipality about zoning laws and container home regulations.
   2️⃣ Submit building plans (if required) before placing the container.
   3️⃣ Ensure the container meets structural and safety standards (may require an engineer’s approval).
   4️⃣ If in a residential estate or complex, check whether body corporate approval is required.

2. Hi Paul, You are correct that some elements of this project might be considered Minor Building Work under SANS 10400-A (General Principles and Requirements), but the City of Cape Town is likely to require formal building approval.
   Here’s why:
   Breaking Down the Project & Approval Requirements

   1. Carport (Galvanized Mild Steel – 4m x 7m)

   Under SANS 10400-A, carports under 40m² are considered Minor Building Work, meaning they may not need a full building plan but still require municipal notification and approval.

   However, because this structure will support a deck and pergola, it is no longer just a carport—it becomes a load-bearing structure, requiring an engineer’s sign-off and full approval.

   2. Timber Deck & Pergola on Top of Carport

   A deck is considered a habitable extension and does not qualify as Minor Building Work.

   The pergola may qualify as Minor Building Work, but since it is part of an upper-level platform, it will likely require approval.

   Structural integrity & safety: A registered structural engineer must confirm that the carport can safely bear the weight of the deck, pergola, and any occupants.

   3. Replacing a Bedroom Window with a Sliding Door

   Altering an external wall (even just replacing a window with a door) requires municipal approval.

   Safety & fire regulations (SANS 10400-T) apply because it creates a new exit onto a raised structure.

   Why the Municipality Might Not Consider It “Minor Building Work”

   It alters the existing structure and use of space (carport becomes a foundation for an outdoor living area).

   Load-bearing concerns: The carport must be engineered to support a deck and human occupancy.

   Overlooking & privacy issues: Raised decks can create disputes with neighbors regarding privacy and views.

   What You Should Do Next

   Consult a Structural Engineer to assess the carport’s ability to support the deck and pergola.

   Check City of Cape Town zoning rules for height restrictions and land use allowances.

   Submit a building plan to the municipality—while some elements might be Minor Building Work, the overall project likely requires approval.

3. Hi Igshaan, Yes, in most cases, you do need a building plan to construct a carport, even if it is not attached to the house. Here’s what you should consider:

   1. National Building Regulations (SANS 10400)

   According to SANS 10400 Part A (General Principles & Requirements), any structure larger than 10m² requires municipal approval.

   Even for smaller carports, local municipal bylaws may still require a minor works application or site development approval.

   2. Factors That Determine If a Plan is Needed

   Size: If the carport exceeds 10m², a full building plan is required.

   Materials: Permanent structures (e.g., metal, brick, or concrete) typically need approval.

   Location: If the carport is close to property boundaries, it may need a relaxation application to comply with zoning laws.

   Stormwater & Drainage: The municipality may require proof that the carport won’t affect drainage or neighboring properties.

   3. What You Should Do

   Contact Your Local Municipality: Different areas have different zoning and building rules, so they should check with their local planning office.

   Submit a Building Plan if Required: If a plan is needed, you will have to hire a draughtsperson or architect to prepare it.

   Check HOA Rules (If in an Estate): If you live in a gated estate or complex, the Homeowners’ Association (HOA) may have additional requirements.

4. Cavity wall insulation is not a mandatory requirement in South Africa, but here are the key points you need to know:

   1. South African Building Regulations on Thermal Insulation

   According to SANS 10400-XA (Energy Usage in Buildings), all new buildings must meet certain energy efficiency standards. This includes requirements for insulation to reduce energy consumption, but the specific method of insulation (e.g., cavity wall insulation) is not prescribed.

   Builders have flexibility in how they achieve compliance with the standards, as long as the building envelope (walls, roofs, and floors) meets the thermal performance requirements.

   2. Cavity Wall Insulation

   Cavity wall insulation is commonly used in colder regions or areas with extreme temperatures because it helps regulate indoor temperatures, reducing the need for heating or cooling. While it’s not mandatory in South Africa, it can improve energy efficiency and comfort in your home.

   If your house is in a region with significant temperature fluctuations, like parts of the Highveld or the Western Cape, adding cavity wall insulation can be a wise investment.

   3. Builders’ Obligations

   Developers and builders are required to construct homes that meet the minimum thermal performance set out in SANS 10400-XA. If you are unsure whether your home complies, you can request the relevant documentation from the developer.

   If cavity wall insulation was promised in the sale agreement or building contract, the builder would be obligated to include it.

   4. Checking Compliance

   To determine if your house complies with SANS 10400-XA:

   Look at the energy efficiency certificate or ask the developer for proof of compliance.

   Have a professional energy assessor evaluate the home if necessary.

   5. Benefits of Adding Cavity Wall Insulation

   While not mandatory, cavity wall insulation offers several advantages:

   Improved Energy Efficiency: Keeps your home cooler in summer and warmer in winter, reducing electricity costs.

   Increased Comfort: Helps maintain consistent indoor temperatures.

   Soundproofing: Reduces noise from outside.

   6. Consider Retrofits

   If your new build does not include cavity wall insulation and you would like to add it, it can be retrofitted. Consult with a reputable insulation specialist to discuss options.

   Cavity wall insulation is not mandatory in South Africa, but ensuring your home meets the energy efficiency standards set by SANS 10400-XA is essential. If you’re unsure, consult your developer or a building inspector to confirm compliance and explore insulation options to enhance your home’s comfort and energy efficiency.

5. Hi Richard, In South Africa, an Occupational Certificate (OC) is a critical document that confirms a building is safe for occupation. The requirements for obtaining an OC are outlined in the National Building Regulations, specifically SANS 10400.

   **What is required for an Occupational Certificate?**

   To obtain an OC, the building must comply with the relevant provisions of SANS 10400, including:

   1. **Structural integrity:** The building must be structurally sound and comply with the requirements of SANS 10400-XA: 2011 (Structural design).
   2. **Fire safety:** The building must comply with the fire safety requirements of SANS 10400-T: 2011 (Fire protection).
   3. **Electrical installations:** The electrical installations must comply with SANS 10142-1: 2019 (The Wiring of premises standard).
   4. **Plumbing installations:** The plumbing installations must comply with SANS 10252: 2019 (The design, installation, and testing of plumbing systems standard).
   5. **Drainage and sanitation:** The building must have a functional drainage and sanitation system that complies with SANS 10400-P: 2011 (Drainage).
   6. **Ventilation and natural lighting:** The building must have adequate ventilation and natural lighting, as required by SANS 10400-O: 2011 (Natural lighting and ventilation).
   7. **Access and facilities for people with disabilities:** The building must provide access and facilities for people with disabilities, as required by SANS 10400-S: 2011 (Facilities for people with disabilities).

   **Do final fixtures and fittings, tiling, light fittings, etc. need to be in place?**

   While the OC is typically issued before the final fixtures and fittings are installed, the building must still be safe for occupation. This means that:

   * The building must have a functional roof, walls, and floors.
   * The electrical, plumbing, and drainage installations must be complete and safe.
   * The building must have adequate ventilation, natural lighting, and access for people with disabilities.
   * Any permanent fixtures, such as built-in cupboards, kitchen units, and bathroom fittings, must be installed and comply with the relevant standards.

   However, the following items are not necessarily required to be in place for an OC to be issued:

   * Final painting and decorating
   * Tiling (except for essential areas, such as bathroom and kitchen floors)
   * Light fittings and other decorative fixtures
   * Floor coverings, such as carpets or laminates

   **What about your OTP purchase and Registration of Transfer?**

   It’s common for the sale agreement to specify that registration of transfer will occur after receipt of the OC. In your case, it’s concerning that the contractor may still have significant work to complete in terms of finishing.

   To mitigate this risk, you may want to consider the following:

   1. **Review your sale agreement:** Check your OTP purchase agreement to understand the specific conditions and obligations related to the OC and registration of transfer.
   2. **Communicate with the contractor:** Ensure that the contractor is aware of the outstanding work and the need to complete it promptly.
   3. **Obtain a partial OC:** In some cases, the local authority may issue a partial OC, which allows for occupation of a portion of the building while the remaining work is completed.
   4. **Negotiate with the seller:** If possible, negotiate with the seller to delay registration of transfer until the contractor has completed the outstanding work.
   5. **Seek professional advice:** Consult with a lawyer or a property expert to understand your rights and obligations under the sale agreement and to explore possible solutions to this issue.

   I hope this information helps clarify the requirements for an OC and the potential implications for your OTP purchase. If you have any further questions or concerns, please don’t hesitate to ask!

6. Hi Ricky, Thank you for reaching out with your concern. It is disheartening to hear about the situation you are facing, and I understand how stressful it must be. Here are some steps and advice on how to proceed:

   1. Your Rights as a Consumer

   Under South African law, you have several rights as a consumer, especially when dealing with registered home builders and developers:

   National Home Builders Registration Council (NHBRC): Since your home is enrolled with the NHBRC and the developer is registered, they are required to comply with the NHBRC’s Code of Conduct and provide you with a home that is free of major defects and built to the agreed-upon specifications. Any deviation from the agreed-upon design or finishes is a breach of contract.

   Consumer Protection Act (CPA): If the finishes applied are not what you explicitly requested and agreed upon, you may have grounds to argue that they are not adhering to the terms of the contract. The CPA ensures you receive the service and product you paid for, as per the agreed specifications.

   2. Steps to Take

   Here’s how you can address the situation:

   Document Everything:
   Keep all written communication, agreements, and meeting notes (including the one where the finish was agreed upon). These will be essential if you escalate the matter.
   Take photos of the plastering work currently done and compare it to the agreed specifications.

   Contact the NHBRC:
   Lodge a formal complaint with the NHBRC about the developer not fulfilling their obligations.
   The NHBRC can mediate disputes between homeowners and developers and may intervene to ensure that the developer remedies the situation correctly.
   Contact the NHBRC by phone or via their website to begin the complaint process.

   Seek Legal Advice:
   If the NHBRC process does not yield results, consult with an attorney who specializes in construction or consumer law. Many attorneys offer initial consultations at no cost, and they can advise you on whether you have grounds for legal action.

   Consider Arbitration or Mediation:
   If you want to avoid a lengthy legal battle, you could suggest arbitration or mediation with the developer. This would involve an independent third party assessing the situation and recommending a fair resolution.

   3. Addressing the Developer’s Options

   It seems the options presented to you are not ideal. Here are potential responses to each:

   Option 1: Tyrolean Finish: You explicitly rejected this finish during your design meeting, so it should not be forced upon you.

   Option 2: Scratch Plaster Coat: If they choose to apply a second layer of scratch plaster, they must guarantee the work, as this is their responsibility. Do not accept any work without a written guarantee of durability and quality.

   Option 3: Credit for Remedial Work: If you accept this option, ensure the amount credited is sufficient to cover the costs of hiring another professional to correct the issue. Request quotes from independent contractors to establish the true cost of remedial work.

   4. Preventing Legal Action Against You

   If the developer sends you a legal letter, do not panic. Respond to their letter through an attorney or by stating that you are engaging with the NHBRC and exploring your rights under the CPA. Stand firm that you are only requesting what was agreed upon and documented in the original design specifications.

   5. Additional Help

   Contact the Consumer Goods and Services Ombud (CGSO): They assist consumers in disputes with suppliers, and the service is free of charge. Visit their website at https://www.cgso.org.za.
   Reach out to a local consumer protection office in your area for advice or assistance.

   I hope this helps guide you on the best path forward. If you need further assistance or advice, don’t hesitate to follow up. Remember, you have rights as a homeowner and consumer, and there are regulatory bodies in place to protect you.

7. Q1. I am struggling to find what constitutes an additional or second dwelling in Tshwane. Is it if there is a stove installed, or a kirchen sink? Where would I find confirmation of this? The 2nd dwelling would be part of the house with an interleading door. Q2. I have also seen that several sites state the the erection or demolition of interior walls (non load bearing) require building plans, however SANS regulations state (if I recall correctly) that only notification to council is required- is this a new amendment? Thank you.

8. Good day,

   i have been advised about new development housing taking place around south jozi , its both rent to buy and straight buy. i wanna find out how does one verify if its legit and the houses are being built yet there are rumours that they are illegal. with whom can one double check before falling into the trap.

   Regards
   first time buyer

9. Hi, we are tenants in a block of flats.
   The block has only 1 lift, which is continuously breaking, at which point the lift doors slam shut and the lift freezes.
   I have been trapped inside more than once.
   The lift is dangerous, and poses a danger to the building occupants.
   Despite numerous requests to the landlord and body corporate the problem continues to occur.
   Is there a statutory body or local council where I can report the building and/or body corporate?

   Thanks for your advice.

10. Unless you are getting a bank bond, there is no timeline.

11. It will depend on height and size whether plans are required, but you should check with your local authority before you start.

12. Your local authority. It is their responsibility.

13. Keep complaining to the NHBRC. But I don’t think that the law insists on a snag list!

14. Hi Candice, FPASA has a course titled SANS 10400: Plan Appraisal. This course breaks down Parts A, T and W. We also offer an Advanced Fire Prevention course which breaks down further SANS codes which are applicable to fire/fire safety.

15. Hi
    I would like to know what you must do if the developer does not want to do the snag list. i have filled a formal complain with NHBRC. They gave the developer 21 days to respond which he did not.

16. Contact the SABS and ask.

17. Hi there,

    I would like to find out if there are any companies that provide training on the Building Regulations and Standards.

18. Based in Caoe Town, and have a small double storey duplex with no yard space on the sides and just enough space for 2 vehicles to park in the front driveway.
    Therefore the idea for a galvanized mild steel double space carport(4 mts wide x 7 mts long)
    Then to erect a pergola with a timber deck floor on top of the structure and enclose with a polycarbonate top.
    Finally to replace the upstairs bedroom window with a sliding door to exit onto the pergola area which will be on top of the carport.
    Technically al this is Minor Building Work,however I have a feeling the local municipality might not agree.

19. Hi Doreen, The NHBRC is only involved with NEW house building and not with any renovations or additions. Note that all renovations and additions must have approved plans from your local council before work begins.

20. Hi there,

    Would a company constructing a new loft in a house (ie. a renovation, not building a house from scratch) be required to register with the NHBRC? I have searched for them on their website and nothing comes up.

    Thanks so much!

21. Hi Vanessa, No ways! Of course yo will need plans and approval BEFORE building starts. Why don’t you ask the Nutec guys to supply you with a letter from council that gives your

    specific

    building on your erf an exemption from submitting plans. Do not get conned it might cost you dearly in future.

22. We are thinking about building a nutec house in our backyard, for my in laws to live in. It will be in the region of 60m2. We stay in the Sinoville,Pretoria area.Will we require local authority permission and plans. The nutec house suppliers we have approached have all told us this is not needed. Is this definately the case?

23. Hi Lyesha, Contact the building inspector for your area and ask them to come and inspect and see if it is illegal.

24. Hi Neil, Once your plans are approved most councils (and banks) allow 12 months to complete the building. Extensions can be applied for if necessary.

25. Hi Danie, yes the banks will give loans for timber frame and timber log homes. Read more here: http://www.logbuilding.co.za/ and here: http://itc-sa.org/

26. Just need to now what is the requirement if we wanted to build a log cabin at the coast. And do the bank allowe loan for this.

27. The NHBRC manuals are a guide to good building practice. They basically mirror what SANS 10400 says in different detail SANS 10400 is law. NHBRC manuals are used to train people to be compliant. I think you are confused! And yes the manuals have recently been revised.

28. Thanks CGS for the info.

29. Hi Antoine, you can only get them from the SABS here: http://store.sabs.co.za/

30. Hi Arabang, Yes you do and you need to have plans approved before you start to build.

31. Hi Willie, You must report this to your local municipal planning department and the inspectors must follow up.

32. Hi
    Who can I contact regarding a building that was build without any building plans

33. Hi , Do I need permission to built a carport (closed with wood panels on the sides)?

34. Here ar the details for your area: Web address: http://www.nhbrc.org.za Office number: (012) 444-2600

35. I NEED CONTACT NUMBERS FOR NHBRC

36. Hi I have just purchased a new build house, and was wandering if cavity wall insulation is mandatory

37. do i need a plan to build a carport that is not agains the house.

38. Hello
    What are the laws surrounding having a container home erected on your propert? It will be unclad
    Thank you

39. I want to buy a vacant stand and build a house on it. How much time am I given to complete building the house on the stand?

    Thank you.

40. Hi. Who to complain to about a new structure 1m gap on both sides. Building a window 2m above our dining area. Window 2m x 2m.

41. Does a newly built home have to have the final fixtures and fittings, tiling, light fittings, etc in order to get a Occupational Certificate?
    My OTP purchase states Registration will occur after receipt of occupational certificate. My concern is that Registration of Transfer occurs with still much work to be done in terms of finishing by the Contractor.

42. Why is this needed if we have millions of wendy houses in peoples back yards? I mean look at the back yard dwellers and also this is no permanent fixture. Just asking 🙂

43. Hi Good day.

    I am hoping i can get some help or advice

    I am building a house in an estate in the south of JHB through a well known developer in the area. At the beginning of the project i requested that my house be plastered in a combination of scratch plaster and sponge float finish and not their normal Tyrollean finish. They now plastered the house about 2,5months ago, but all smooth plaster in preparation for the tyrollean which was clearly requested to them in a design meeting which is in writing that we did not want. its now been 2months since i brought the problem to their attention in which they acknowledged and were suppose to offer an alternative and suitable option of plaster or wall coating to remedy this but this week they gave me an ultimatum where i must accept on of three options:
    1.the application of the tyrollean finish or,
    2.a scratch plaster coat they will apply over the existing plaster but will not guarantee me that it will not peel/delaminate and crack over any length of time or,
    3.a credit for what they say is will cost to do the above plaster which will not cover me having to get an external company to fix the problem.

    I have begged and pleaded with them to consider doing the remedial work correctly so that they can guarantee the work or offer another suitable wall covering but they will not and now have stopped all site work and shut down my site and have notified me that i will be receiving a letter of some sort that is being drafted up. I can only imaging that this must be a letter from their lawyers or legal team and with their strong financial backing so i am left stranded with a home that i feel i will have to receive hand over with something i did not request or want, and financially can not correct myself or maybe fight against.

    Can you possibly advise if there is anything that can be done and how i can go about this or am i actually stuck. As a client and consumer i feel i am being robbed of my rights.

    For legal purposes i do not wish to disclose at this stage the name of the development company as i am trying to resolve this amicably with them but they are really tying my hands behind my back which is why i am seeking NHBRC advice on how to go forward as they are registered with you as well as my home being enrolled under NHBRC as well.

44. As long as people have plans approved by council, and they are not asking for a deviation (e.g. to build closer to the boundary or against a boundary, or to go higher than allowed) then they don’t need neighbour’s consent.

45. You might do, depending on the extent of it – height etc.

46. Hi. Do you require permission and planning to build a kids jungle gym..

    Thanks

47. Hi, who do we complain too about houses coming up in our area without them seeking permission from any of the neighbours about building the house?

48. I am not aware of any training providers. I would be grateful if anyone out there can help.

49. Good morning

    I am Mkhuseli looking for a training provider who will provide training on Building regulations standards and property management training for our employees .

    I want to do specification for training

    Your response will be much appreciated.

    Thank you

    Kind regards
    Mkhuseli Ntotho

50. Hi Zolelwa, Only if your deck has a solid roof covering will you need plans, if it is just a deck then you will be OK.

51. Hi

    Please advise if we want to do a deck input backyard extending from the back of the house . The height of the deck is 600cm. Do we need plans and council approval?

52. No you can’t just convert one type of roof to another. You will need to consult with a roofing specialist to ascertain feasibility.

53. Hi,

    I bought a house a year ago with a flat roof. I see now how much maintenance it is going to take and would like to convert to a single pitch. Can I not just cut back the sheeting and put trusses on top of the existing beams to convert? I have been warned it may be a fire risk. How can I find out if this idea is feasible without paying someone to draw up plans and submit, just to possibly get rejected…

54. If you can prove it is a latent defect (i.e. that he knew about the cracks) you can hold him liable. You can try the route of getting an arbitrator to intervene, otherwise you will need a lawyer.

55. All the regulations are general rather than specific.

56. Hello Penny,
    We have a Commercial Office Building with two storeys.
    The Ground Floor has a Common Reception Lobby with hardwood slatted panelling against a plastered brick wall.
    Are there any specific rules relating to Fire for the panelling?

57. I don’t know – maybe someone else does?

58. Good day

    I bought a house two years back. Now there are cracks all over. The seller doesn’t want to take any responsibility. I mean it is clear that he knew about those cracks as there are even signs that they have worked/patched this cracks before. What is my recourse?

59. You could try calling the council and asking if a building inspector can inspect. Otherwise you will have to pay an engineer or someone with a related qualification to inspect. Just be careful because unscrupulous people might try and con you into doing unnecessary maintenance work. Of course you could also contact your landlord and ask him/her to investigate.

60. You cannot stop a neighbour from planting trees. You could however contact the owner and convey your concerns.

61. All builders must be registered with the NHBRC and all homes must be enrolled with them. If you want to owner build and take responsibility for your own construction you need to apply for an exemption from the NHBRC. This will involve a multiple question test. They might allow you to do this now but also might fine you.

62. You can contact us via Contact Us

63. This is not an issue that concerns the building regulations. You probably don’t have a leg to stand on unless you had an agreement in writing that specified the ceiling would be fixed. That said, there may be other clauses in your lease agreement that cover you. For instance the lease may state (they usually do) what kind of repairs are the landlord’s responsibility. So start with your lease agreement.

64. If the engineer is the competent person he/she would be doing inspections all the way through. The council is responsible for inspecting the site, then foundation trenches, roof and roof trusses, and plumbing. Their approval is required for the occupation certificate to be granted. However if the council says you must use and engineer, I presume they would accept an engineer’s approval.

65. These are informal settlements that are not intended to be permanent – it’s a problem!

66. Yes you will need plans.

67. There are no specific laws that I am aware of. If widening involves demolishing and/or building new walls, you will need approved plans.

68. Maybe someone else can answer this question?

69. Your extension will requires plans that must be approved by council. Neighbours will only have to give permission if you deviate from the regulations.

70. The first question is are you allowed to sub-divide? Ascertain this first!

71. You have to put a written complaint into council. You can also try calling law enforcement.

72. As long as you have council approval it isn’t illegal at all. They would be the ones to be concerned because the house could be being used to house three or more families! Why do you think the bank is objecting?

73. There are no specific safety regs for children in the NBR Russ.

74. Hi Penny
    Are you aware of any safety regulations for first floor and above windows and doors regarding child safety?
    thanks
    Russ

75. You need to contact the local authority – i.e. the municipality

76. We don’t have members! Are you referring to the NHBRC? If so contact them please.

77. This is a common problem. You may be able to hold the previous owner liable, but to do this you will probably need the assistance of an attorney.

78. This is likely to qualify as minor building work, in which case you won’t need plans, but it’s best to check with the local authority.

79. Because they are “informal” settlements. It’s a problem.

80. Good Day Penny. Why does building regulations not apply in informal areas ? No plans are approved by the local authority. Near us in White River Mpumalanga a whole new nabourhood was build with no plans. Or even build using building regulations.

81. Hi, Please advise if one needs municipal plans approved for an external concrete slab 100mm thick with tiled finish and an adjustable louvred awning over, similar to the Weathermaster type. Thank you.

82. I have bought a house with 3 kitchens or kitchenettes and the bank says that I may not have more than 1 kitchen in my house but the municipality says nothing about the amount of kitchens or kitchen zinks – is this illegal

83. Why are building Regulations not followed in townships ? All now fall under a municipality , if you build in town inspectors are there before you even start. I have spoken to people who build in the townships who do not even have plans or any inspections was done. When are inspections going to be carried out on houses build in townships or even when houses are being build illegally ?

84. Good day, I bought a house 2years ago. Two weeks ago I received a notice to obtain written approval for the unauthorised building work which are my double garage and a carport. I bought the house as is, now I need to spend another R8000 just to get plans. Can you please help me

85. Hi we asked one of your members to build a house for us. After the house was completed we were informed that we need to notify them with the things or items we were not satisfied with within 3 months and we have done that and nothing was done about those things.

    The house was handed over to us last year August (2015) the walls have cracked and the wall next to shower is licking.

86. Hi

    I need guidance.

    We are busy with an addition. We have had the foundation and floor (damp proofing) inspections done by a
    municipal building inspector. This inspector indicated to us that he would do the roof, sewage and final inspection. He has since moved to a new area in the last couple of weeks. During the approval process the municipality never indicated any requirements for engineer involvement. When I reached the new inspector he now insists that they have not done roof inspections for years and he is referring me to an
    engineer to do so. According to information I can find municipal inspectors can do the inspections? This is a single storey residence property. Can anyone refer me to the specific regulation on who is required to do inspections (municipal inspector or engineer). Please advise so I can have the correct information when dealing with municipal officials?
    (

87. who do I complain to about noisy builders working on a Sunday in a residential area?

88. I want to sub-divide a piece of land into 3 separate pieces +- 410m2 each. Each will get his own house. Now my layman’s question is, does each house have to have its own entrance from the public road, or can I have one road going from the public road through to the back of my land, and each house’s entry road branches off from this “shared” road? This is in Potchefstroom just in case it makes a difference. Thanks

89. Hi,

    We recently bought a place in Johannesburg, we want to extend by building extra room on the roof of the garage

    What are the steps to follow, should neighbors giver permission? Please advise

    Mariska

90. if you had to use a reusable sorce of energy what would the most effitiant equipment to use

91. hello

    i’d like to contact to you with e-mail.

    is it possible?

92. Good day,

    I was wondering if you could help with an issue.

    In February we found a nice 2 bedroom house that we liked so we paid the deposit and on the day of signing the contract we were notified that there was a problem with the roof and it was leaking in the one corner. The landlord had someone come out to look at the roof, who them continued to tear apart a part of our ceiling in the living room area, on the day we had to move in… They left a hole in the ceiling until they could do something about the leak, which took about 2 months with a leaking roof now affecting half of our house – living room and main bedroom. After notifying the landlord that we are considering moving because the leak was getting out of hand she contacted the same people to try to fix the roof a second time, which turned into a worse leakage once again.

    Having now gone from having only a small leak, to a leak running from one side straight through to the other side, to having the entire front part of the house – living room and main bedroom – leaking from everywhere and having the water run through the kitchen to the back door. Again she got someone to ‘fix’ the roof which also just lead to even worse leakage that before….which lead to the ceiling collapsing in both the living room and the bedroom with us inside.

    We then came to the agreement to only pay half the rent seeing as we can only use half the house, which the landlord agreed to. Now it seems the leakage is fixed but we still don’t have a ceiling and the landlord is demanding full rent.

    We are very unhappy regarding this and would like to know if we have any foot to stand on regarding the ceiling matter.

93. can anyone tell me where to get some information regarding the widening of a complex entrance and what the laws are?

94. Good evening, we have a problem that residence build with out having their plans approved by the local authorities.
    Some of the residence was warned by the municipality without complying by the request. We did complained about the situation but without no success.

    can you assist me with contact details of the Building Authorities were we can forward our complain too.

    Appreciated your assistance.

95. hi I live in a complex and want to enclose my verandah to match the existing there are already pillars and the foundation was designed for this purpose we will brick it up with three windows my question do I need to submit plans the BC will approve the request

    Regards
    082 570 7392

96. Thank you Janek. Understood.

97. Hi Pieter, I have replied 🙂

98. Hi Pieter, Sorry for the delay, we do the replies on a voluntary basis when we can. There are no regulations in the SANS but there will be standards of manufacture that must be set by the SABS. If installation is covered by them you will have to contact them and ask. See here: https://www.sabs.co.za/

99. Good Morning. Any feedback from the moderators? Will appreciate.

100. Who regulates the installation of burglar bars on residential properties? Are there any set standards available surrounding the construction thereof and specifically surrounding acceptable workmanship?

101. i bought a stand for cash my brother is building the double storey house for me and he is not registered with nhbrc.i have a qualified engineer inspecting the house and municipality inspector and the architech who are currently inspecting the house.only today the person from nhbrc came to my property to stop the builder as he is not registered with them.i am bit confused ,is it a must for them to intefere in my property?i am just confused i need help

102. Hi,
     We have been living on our property for 4 years, our Neighbour has always hired out his property.
     We recently got new tenants which have started to move in slowly, when I came home the other night I saw that they have planted a huge tree, (there are a couple more lying down to be planted)
     I can see this tree causing problems in the future, what are my rights as a home owner?

103. Hi
     I’m renting a flat on the first floor of a rather old building. I’ve been renting for the last 6 years now. I have become concerned about the safety of this building the last couple of months as it feels if the floor is moving when one walks around. I wanted to know if old buildings like this needs to be or can be inspected for safety purposes? If so how does one go about doing that?

104. What is the minimum qualification/s for a Building Control Officer

105. All the information you need is on this website – or you can buy my book Owner Building in South Africa – which is available from all good bookshops. You need plans approved by your local authority – you need a competent person (read the article on this site) and if you don’t have the money, you need finance.

106. Perhaps you should buy a copy of my book Owner Building in South Africa – it has all the information you need. You will find it at any good book store. You don’t need a certificate to be allowed to build. You need plans and you need a competent person to draw your plans. This person will guide you through the whole process and determine whether you need a soil inspection.

107. This is governed by local zoning regulations and bylaws. Contact the municipality for information.

108. I’m sorry I don’t understand the question!

109. The National Building Regulations apply to all construction even on farms. You will need plans approved by the local authority in the area. They will tell you how many houses you can build. I presume if you built “labourers cottages” you could build quite a lot.

110. Yes you can providing you adhere to all the relevant building regulations.

111. Check your existing plans to see if the plumbing is on the plans. If you are incorporating a garage into living space you probably do need plans. Check with the local authority because they are the ones that can fine you.

112. I agree with the fencing contractor – and if you are prepared to pay half, I’d be very surprised if the disagreed.

113. No it is not true – it’s a fallacy! All building in SA is governed by exactly the same laws and regulations – farms are no different. It is just that people in rural areas tend to do their own thing and get away with it. But it doesn’t make it legal.

114. The builder. But the competent person – whoever this is (it could be your architect or an engineer) – is expected to check that everything is done according to plan. Part A of the NBR details all this and has copies of the documents that should have been signed.

115. Hi Silas, Sorry but we have a policy of not answering students questions and doing their research for them, this you will have to find out.

116. Are there specific standards such as SANS or ISO in respect of container conversion accommodation and ablutions etc. I would specifically be interested to see what standards will be applied when containers are being stacked. I know that 5 levels has successfully been done in other countries.

117. Please help me, I’m a student in this field. What are the 3 avenues by which a developer can comply with the requirements of the NBR in terms of NBR and Bldg std’s ?

118. I was always wondering who is actually responsible for the setting out of the building? Is it the Architect or the Structural Engineer? On which plans should the building dimensions and coordinates be given?
     Does the code stipulates this responsibilities?

119. Penny, is it not so that if a farm is a certain square metres then you don’t need plans?

     Regards.

120. Hi,

     We bought our house in Umhlanga in 2008, which has a precast (Vibracrete) wall between us and our neighbours.

     When we bought our house, part of the precast wall was covered in a vigourous climber that completely hid about 10m of the wall and, as we were busy with renovations to the house, we only cut the creeper back about six months after taking occupation of our house, at which point we noticed that the wall was leaning over towards our side. The level of the ground on our neighbours side of the wall was (and still is) about 500mm higher than the level of the ground on our side of the wall. Furthermore, there is a growth of bamboo, wild bananas and various other large trees on the fence-line on our neighbours side which we are convinced is causing the fence to slowly fall over towards us.

     At the stage when we noticed the situation, we approached the neighbours and asked if they would cut back the trees and remove the soil lying up against the lower panels of the precast wall. They agreed to do so, however, a few months after our request, the sold their house and moved to another province.

     After giving our new neighbours a chance to settle in, we approached them with the same request and they quite happily trimmed the bamboo, bananas, trees and bushes back, but didn’t clear any soil from the wall. Plants also continue to grow and with last weekends heavy rain, the wall is leaning over even more.

     Yesterday (11 May 2015), I got a fencing contractor to come and quote to do repairs and his opinion was that the neighbours should be responsible for the damage.

     I would just like a second opinion on this before I discuss this with our neighbours. We are prepared to go 50/50 on the cost of the repairs, even if they are completely liable for the damage.

121. Hi
     I want to build with facebrick and use a cement brick as a backing brick to keep cost down.

     Can I do that , and is there any requirements I need to adhere to ?

122. Hi penny

     I have an outbuilding it has water and electricity a front door and a toilet there was two steel doors used as a garage on the one side..I want to convert this into a granny flat I will put a new roof on . Does anyone need to get involved?

123. Hi.Seeing that property is so bloody expensive,myself and a few other people are condering to buy a farm and build our own houses on it.How many houses can you build and what are the regulations regarding building your own compound,if you will.Thank you

124. Please kindly request you to note the mistake made on the 2nd line… that supposed to be written like this ” Safety preventative measures….”

     Hope you will note the correction on the above statement.

     Kind regards
     N.Tabasa

125. Good day,

     To whom it may concern please do assist.

     I need safety pregenerative measures that applicable when building foundation floor of the building single story, aand also with relevent ergonomics.

     Trust that this communique finds you well and hope to hear from you and answers will be anticurated. Thanks

     Kind regards
     N.Tabasa

126. I live in Durban, KZN. how many meters must a double storey building be built from the boundary.
     Can I build a double storey building on my boundary with no windows on that side.

127. Hi i just bought vacant land, unserviced in a suburb area. i want to build but my family tell me before i can go and talk to an architect i need to get inspectors to inspect my plot and give me certificate. Where do i get this inspector? Is the municipality doing the inspection? Do i need a soil inspector? Fumigation inspector?
     Thank you

128. good day

     I am in need of some help / advise please.

     My fiancé and I are looking to build a granny flat / cabin on his mothers plot.

     what steps do I take?
     plans?
     financing from the bank?

     Am basically clueless in this regard .. all I have is the plans for the cabin

     thanks in advance

129. Hi. Janek and Modigati,

     I ma not sure if we are talking about the same thing, NHBRC manuals are no longer used for any site non compliance and supervision for site as from effect October 2015. There is on booklet that has been revised and is more of a reference book to the updated sans 10400.

     Please visit any NHBRC office for more information.

130. Low-cost RDP housing projects are enrolled with the NHBRC, it has been legislated that all government houses needs to be registered.

131. correction RDP projects must also be enrolled with the NHBRC by COGHSTA

132. Hello dear Penny and/or Janek,
     I’m looking for a version in PDF of the south African building Code.
     Could you send me a link or send me the building code by email ?
     Many thanks

133. Hi Gert, Not so, ALL new buildings must be registered with the NHBRC. Even owner builders that apply for an exemption must register the build with them. Exceptions are the government low-cost RDP housing projects.

134. Hi

     Was it always mandatory for a new building to be enrolled with the NHBRC. I was always under the impression that this was only the case for new buildings that was financed by a bank.

     Kind Regards

     Gert

135. Yes you do need approved plans before you start building. As this would be regarded as an extension you don’t need to enrol the structure with the NHBRC and so there is nothing to force you to use a registered builder. But you do need the involvement of a “competent person” and Council will check foundations, roof etc and give you a completion certificate.

136. A solar geyser (water heater) is one of the options. In terms of hot water supply Requirements for water installations in buildings shall be in accordance with SANS 10252-1 (that governs installation) and SANS 10254 (2012) that governs geysers – “This standard applies to all water heaters that fall within the scope of SANS 151, including the storage tanks of solar water heaters that fall within the scope of SANS 1307, and the storage tanks for heat pump systems.” It details all the allowable options. But you’d be best off with a solar geyser.

137. Hi Modigati, I am not aware of any new Building Regulations from 1st January 2016. Please give me more information about what regulations you are asking about and I will see if I can help you.

138. I have had that a new building regulation will be in operational from the 1st of January 2016. If it is already in place, how can i access it?

     If it is already in place, will you please email it to me on the following email.

     Thanks

139. Is a solar geyser mandatory or what if I’m building a new house and can I still go for a old conventional geyser.

140. Hi Penny,

     I bought a house about a year ago and decided not to have a garage built as part of the purchase as the price asked for the garage was ridiculously high and I was planning on building one possibly in the near future and I was wondering if you could please give me some guidance:

     1. Do I need pre-approved plans before starting construction
     2. Do I need an architect and/or an engineer to be involved in the process
     3. Can the building work be done by myself or do I need to have a registered builder do the work

141. The fact that there was a fence there previously is irrelevant. The title deed is what is important. And if the property has already been resurveyed, that’s where the new fence must go. End of story. Apologies it has taken so long to reply…

142. No it is not!

143. You need plans for any freestanding wall over 1.8 m. And the garage also requires plans. So yes you can object and the local authority does have the power to make him demolish if need be.

144. To the City of Johannesburg planning department.

145. The best is to check with your local authority. You probably will need plans.

146. SANS are only available from the SABS. You can buy online or from their offices.

147. The local authority in charge of that area.

148. Absolutely – otherwise he isn’t a builder. He certainly wouldn’t be accepted by the NHBRC and you must use an NHBRC registered builder.

149. Sorry Darryl we don’t. It falls under, the Board of Agrément South Africa, a body that operates under the delegation of authority of the Minister of Public Works. And if you build using this or any other non-standarized product where there aren’t SANS that apply to them, you need an:
     “Agrément certificate
     certificate that confirms fitness-for-purpose of a non-standardized product, material or component or the acceptability of the related non-standardized design and the conditions pertaining thereto (or both) issued by the Board of Agrément South Africa”

150. I agree with you Estie. Here is the only section from Part T of the building regulations: Fire Protection that I can find that relates to locking emergency fire exits in general.

     4.16.9 Every locking device fitted to an access door or escape door in any escape route shall be of a type approved by the local authority, provided that in any building where an electronic locking device is required for security purposes, such locking device shall be of a type which unlocks automatically when any of the fire detection equipment or electrical fire protection equipment of the building is activated or when there is no power to the locking device.
     NOTE Locking devices that are unacceptable include keys in break glass boxes. Locking devices that are acceptable should be capable of being operated in a single movement without the use of a key.

151. Your conversion will require approved plans from the municipality, and these must be drawn up by a competent person. As far as carport structures are concerned, it is their size rather than the materials used that dictate whether or not you need plans. That said, the municipality can grant a waiver. See more here.

152. Then you must contact a building company that can give you a quotation. Make sure they are registered with the NHBRC (and therefore operating legally).

153. i need a kitchen small dinning room&a lounge with 3 bedrooms but i need to know the price first7 thank you

154. We are busy buying a house and want to convert the single garage into a 2 bedroom granny flat, we will need to extend a bit. What is the process i need to go through. How do i start the process?

     Also i have heard that if you build a shade cloth car port you dont need plans to be passed but you do need for a steel roof ,is that correct?

     thank you
     Robyn

155. Good day, is an emergency fire exit, in the workplace, which is lockable with a key legal? The fire exit is locked at night time and over weekends.
     We have inquired from our security management and their response was: “Fire escape doors should always be locked and only be accessed when we experienced an emergency situation.
     In such a situation, staff can call any of the security rooms on xxxx and state the following: your name, department and office contact number; describe the incident to the security control operator – any injuries; get the name of the security control operator who in return will call for the necessary help required.”
     I understand the need to have restricted access, but a key-locked fire escape? Surely that cannot be legal? Rather something like an alarmed exit to restrict access, but to have to wait for someone to come with a key while the building is burning, is ludicrous.
     Thanks,

156. Hello Penny / Janek

     I have a question about new building products specifically the use of polystyrene blocks with concrete pour was walls. The literature in South Africa is rather sparse on the topic and I was wondering if you have any further information on the topic as it relates to relative pricing, available builders etc.

     Thanx.

157. Hi must the builder be able to install window and door frames as well as the doors?

158. Dear Penny,

     Thank you for your answer a while ago.

     4 Months ago i bought a wooden house 100m2, two levels. Approved plans and structure was apparently correctly supervised and inspected, erected 10 years ago.

     When it is windy the complete house moves and when the wind is severe it feels like you are on a boat in the wild Atlantic.

     I decided to look at the building plans, 400 x 300 foundations are stipulated for all poles, there are about 30.

     Desperation and my wife not wanting to stay there anymore, made me remove the soil around one of the
     “main” poles and you won’t believe it: ABSOLUTELY NO FOUNDATION. Just poles stuck in the ground about 800 deep in clayish soil. When it rains, all is muddy, including around the poles.

     I have had a professional engineer onsite and will recieve a report soon.

     Your comments will be greatly appreciated.

     Thank you and kind regards,

     nick.

159. There is a game farm in Limpopo area and the owner wants to build a Lodge on the farm
     If he get a architect to draw up the plans
     Who needs to approve it
     It is going to be eco friendly

     Thank you

     Magda

160. Hi,

     We want to add a Iron/louvre roof over our patio floor. What is the requirements? Do i need building plans for it? It is 3500×3640.

161. I need a manual of SANS082 ,I think for timber frame construction.Does anyone know where can I get hold of it

     Regards

162. You will find all the info you need in the National Building Regulations. In addition, you need plans that must be drawn up by a competent person, and they will ensure that the deck is properly designed. You can only build once the plans have been approved by the local authority.

163. If you are converting a room into a kitchen you will need plans. If not I don’t think you need any “approval” as such.

164. I guess so Nick – though the regs do say you need to notify the municipality of your intention to build. The only other issue could be that the wall would create a “room” which would have a different function.

165. There is no regulation at all. As the owner of the property it is up to you to decide who can use the pool. If there are existing lease agreements that allow tenants to use the pool you will though have to honour these. A pool areas BTW SHOULD be fenced!

166. Yes you would need a plan – and it’s very unlikely that you would be allowed to do this.

167. Strangely enough it is not mandatory to use an NHBRC builder for extensions – though it is usually advisable. In terms of building inspections, these must be done mby the municipality – so contact them.

168. Yes you do – unless the municipality gives you a waiver.

169. Sorry Greshan, this website focuses on the NBR. I suggest you contact a H&S consultant for advice.

170. No it is not true. Your builder probably doesn’t know how to do this correctly… I have no idea of cost implications.

171. I guess it depends exactly what your new business is doing. You’d have to register with CIPC as well. Maybe the Master Builders Association.

172. All plans must be drawn by a competent person. The link explains exactly what the regs mean by “competent person.” You will see that you need a relevant qualification (which it seems you have) and you must be registered. The alternative would be to draw the plans yourself and get a qualified/registered person to sign them off for you. You could do the basic plans prior to buying the plot, but obviously site plans and so on would need to be done once you have the plot. You will also need to take levels into account – otherwise you will have to ensure that you buy a plot that is totally level.

173. I we wane build a log house I have bean a draughtsman for 10 year but last 7 years strictly mechanical
     I am more than capable of drawing the correct planes but I am not qualified “civil” draughtsman, can I draw the planes myself and just have someone approve it? we are still looking for the perfect plot, So can I have the planes approved before we bought the property or would it be better to first get the property so that the location and direction could also be shown

174. Hi

     Besides NHBRC and CIDB do you know of any other regulatory boards within the property development industry that a start up company would have to be registered under in order to be fully compliant in south Africa?

175. Hi,

     Im currently having my home built -For the roof , initially my builder said he builds his own trusses,however just last week he said by law you cannot build trusses- is this true?

     What cost implications am i looking at building trusses VS Bought Trusses- Please advise!

     I am in Cape Town

176. Hi. I am in the process of starting a construction company (for home building) and currently trying to gain an understanding of all the required regulations. Ive done all the basics (register with NHBRC,SARS, etc). However in terms of health and safety, do you know what the requirements are? Do you need like a file on site? or is there a checklist etc somewhere?
     thanks

177. I want to build a carport in front of my house entrance, where/or whom do I need to submit my notice to? “local authority” here means City of Joburg? please really need your help.

178. Please could you advise on a neighbour who has built a 3 metre wall at their own cost (between the two properties to which we agreed but have no idea if this height complies with regulations) and has since rebuilt his garage and added a loft above the garage which will overlook into our property. Do we have any grounds to object to this especially since it may well have implications for anyone wanting to buy our property? Appreciate your advice.

179. I want to build a wooden house in my backyard its within the building lines,wendy house tipe,do I need plans etc

180. I have all the necessary building plan approvals for an extension on existing property in place, but after listening to some bad advice, failed to have the building inspections done. The building work has been completed (by NHBRC builder). I want to get this rectified. Any idea how?

181. Hi would like to know if I should have a plan if I want to close up my front yard with sheeting.

182. Is it legal to build external stairs on or over the boundary lines???

183. • 11 500 x 10 mpa standard size cement stock bricks length 220 mm width 110 mm and height 75 mm
     • 1 350 x 7 mpa cement building blocks length 390 mm width 190 mm and height 190 mm
     • 8 m3 19 mm crush stones
     • 8 m3 river sand
     • 120 x bags of high strenth cement
     • 24 running meters of 114 x 38 mm SA pine structural timber, SABS approved 5 mpa
     • 108 running meters of 75 mm x 50 mm SA pine strctural timber, SABS approved
     • 300 running meters of 38 mm x 38 mm SA pine structural timber, SABS approved
     • 114 running meters of 838 wide with 762 mm cover width 0.5 mm galvanised mild steel corrugated roof sheeting
     • 850 x flat double roman concrete roof tiles
     2 x 6 m2 loads of ready mix concrete

184. Good day – we have a property with a number of houses on it which are rented. There is a pool on the property. What are the regulations regarding this type of situation and people using the pool. The area is large and cannot be fenced in.

185. Dear Penny,

     We have a wooden log cabin that stands on poles about 2m high. Are we allowed to build walls of 1.8m underneath right around to make the poles less visible and hide the junk that we store underneath?

     My thinking is that if it is allowd to build a wall of 1.8m without plans around a property, why not underneath the cabin? (minor building work).

     Thanking you,

     Nick.

186. Hi there

     could you please let me know the regulations around turning an existing portion of your house into a separate entranced granny flat with a kitchen, what approvals do you need as there is no new building as such?

     Many thanks

187. Dear Sir/Madam,

     I would like to build a elevated wooden deck at my house which will hang over a steep slope in the garden.
     What building code should one follow to make sure i build the deck according to a certain standard.
     Im especially talking about the maximum span of the beams depending on the beam sizes, the loads to be taken into consideration, ect.

     Your help would be appreciated.

188. Hi Peter, We had the same problem. We stay in Carletonville and we first spoke to the owner and he said we are harrasing him. Then we went to our Municipality and they gave them a notice and a copy of the building law (and to us). So this past Sunday they were putting up the roof and my husband told the builders that they can not build on a Saturday afternoon, and on Sundays and Public Holidays. He said that he is going to call the Police and the builder said that he is not scared of the police. we went to the Police and showed them the Municipality document and a few minutes later they arrived at the site. The Police DID stop them from building further and also Monday was a holiday and it was nice and quiet. We also have rights.

189. Hi Andre, They have been around for a while, you can contact one of the companies that do this here: AA Containers. They can advise you how to do it.

     Where the problem comes in is with the banks and finance, here is an extract from a MoneyWeb story:

     The bank will also require written proof of the following:
     The cost benefit of the alternative building method measured against that of bricks and mortar;
     That all unconventional buildings systems will be constructed under the supervision of a professional structural engineer; and
     That all alternative structures will be covered by comprehensive homeowners insurance by all the major companies in South Africa.

190. Hi Steffan, That is why the NHBRC has a comprehensive “snag list” process and if you missed this then they will not get involved, as you have found out. This will now become a legal matter where you might have to hire an attorney, this could become costly so you must weigh up the cost of the legal route against the cost of installing the insulation yourself at your cost.

191. Hi Deborah, Yes you do.

192. Hi Buks, Aaaah! The R104 runs from Mpumalanga to Rustenburg, more than 200Km. How do I guess what area your plot is in. Contact your local planning dept and ask them.

193. Hi Theo, By law in SA any product that is used in the building industry must first be approved by Agrément SA before being taken to market. You can find out more here: agrement.co.za

194. Tri 21 Panel Solution – Technical Benefits
     We are in process of joining hands with a Uk based company. There precast system has been commonly used worldwide; what makes our system special is that they use Fibresteel in lieu of rebar in the main body of the panel, with rebar embedded columns around the edges of the panels and any openings, such as windows, doors, etc.

     They can also pre stress each panel section, giving the panels added strength and enhancing their load-bearing properties.

     My question is where must I start to get such a system approved in south Africa whereby all banks would be willing and able to issue bonds with regards to the end product. If this system is as good as it promised to be it can have a huge effect in our low income housing solutions.

     Looking forward in hearing from you

195. I live next to the R104 on a plot.How far from the boundary fence am i allowed to build?

196. Do you need plans if you want to build a steel structured 2 bed flat in your back yard in south africa

197. Hi, i have bought a plot and want to build a container house, i have done research but in SA it seems its a bit new! Who can i contact to assist me in the steps i should follow!

198. I discovered after living in our house for a year and a half that the developer did not install any insulation in our roof even though it is clearly stated on the approved plans. He is refusing to do anything about it and the NHBRC says the time period after occupation is too long for them to do anything about it. Do you have any advice on the best route to follow?

199. Hi Peter, This is a major problem all over SA. You have to report them to the local authority. In Cape Town there are forms to fill in and they are obliged to take action, I am not sure about the other municipalities. This is not only a National Regulation but noise is covered in most by-laws of SA so the Police are also obliged take action. Good luck!

200. We have theD Chinese developers building on our road and literally are building 24/7, the first thing you hear on Sunday at 6 in the morning is tools and steal dropping. Is there nothing we can do about that?

201. There are two separate issues here – the water and electrical connections, and the laying in of services. You can apply to the local authority for the connections, but you need approved plans before the services can be laid in. A draughtsman or an architect can do the work, provided that person is qualified – see article on Competent Persons.

202. As far as I know there can only be a CoCT sewer manhole on a private property if there is a servitude registered on the property. Are you sure this isn’t a manhole cover to the drains on your property? If it’s your manhole then you can get a registered to plumber to move it – but you’ll probably need to submit plans first. If it’s a CoCT manhole on a servitude, you won’t be able to move it. I suggest you contact the City and ask if a building inspector can visit your property to check.

203. Our property has a COCT sewer manhole on it. We are planning on renovating and would like to move the manhole outside our boundary fence. Who pays for moving the manhole the City or the home owners?

204. Good day

     We have purchased a piece of land in the Buffelsdrift area ( Pretoria North East) and we want to build a wooden house/ log home. The actual building takes 3 weeks to ‘build and set up’, but we now need to get approval from the the city for water and electricity, can you perhaps advise me on this process and do we need an architect or only a draftsman?

     Thank you!

205. There are no regulations that relate to this issue. Unless there are local authority bylaws there isn’t much you can do. Maybe contact the Department of Education and raise the risk of asbestos.

206. Not normally, though you should notify the local authority that you are doing this. See minor building work for more info.

207. Parking and driveways etc fall under local authority bylaws and they will need permission from the local authority to do this. I would assume (not necessarily correctly) that neighbours’ consent would be needed. Contact your local authority as a matter of urgency and demand answers (in the nicest possible way).

208. We don’t do building; we don’t test lighting; and we don’t do environmental surveys. We simply provide information that relates to the National Building Regulations.

209. The City of Jhb has relaxed its bylaws regarding swimming pools and plans so the chances are you won’t need plans. But contact them directly to make sure. Here is some more info that might help you.

210. As long as you are within the building line you should be okay. Have a look at the article on minor building work for more info.

211. Nope.

212. Are there any regulations against the designing and construction of balconies that directly overlook onto neighbouring properties thereby compromising the privacy between neighbouring properties?

213. I want to level part of a sloping drive outside my house so I can have a braai and table and chairs on it. Can I cast a slab (8m by 4m) without planning permission, raising the lowest point by about a foot?
     Many thanks
     Stephen

214. Hi I have a purchased a house in a secured complex, my private yard is on a mountain slope, however it is level. I would like to build a small simple square splash pool in the yard, I live in Johannesburg. Do I require plans? engineer certificate or any type pf approval other than my body corp?

215. Hi, Which kind of building do you do ? do you test lightning at companies or not? do you do environmental surveys?

216. Hi, 2 important questions…. I live in a residential area, a church that was 2 doors away bought the house behind us and now use some of the property for parking which means people park at the wire fence facing our back door and entire back yard. Is there rules of communication and approval that should have happened before they made the bought property public parking?

     Secondly they just bought the house next to us and I hear they want to run a driveway to exit their church down the new property, are ther rules to that as well? And if they do the new driveway and the road the exit leads from is so narrow that it cannot accommodate 2 way traffic, is there any ground to get council to intervene since it will cause a lot of traffic and a whole other issue.

     Appreciate any feedback

217. Hi. Do I need to approval to make a carport in-front of my garage?

218. What are the regulations regarding the removal of the ceiling in classrooms and passages in a school building during school hours. The reason for this is supposedly to inspect the roof beams before the removal of the asbestos on the roof. The entire process makes no sense to me. Please explain! Is it even legal to do this during school hours?

219. Only if you are registered Chris.

220. You need to check the regs for the complex.

221. An attorney

222. It often is.

223. Yes Chantal you do need plans and these need to be drawn up by a competent person.

224. The current regulations are not retrospective. You would have to check what the bylaws were half a century ago. I note that you are writing from an insurance company.

225. To access the bylaws contact the local authority directly. If your property has been damaged then they are liable to fix it. And if you have problems with it – appeal to the local authority for assistance. Sounds like what they have built is illegal anyway.

226. WHAT! Which local authority is this? It must be a bylaw. Let me know and I’ll see what I can find out. Sorry for the delay in getting back to you.

227. You need approved plans for all structures.
     Licenses will come from your local authority in terms of business requirements – i.e. where you can run a business – what parking etc you need.

228. You need plans for all walls over 1,8 m. The local authority will determine whether an engineer’s certificate is required or not.

229. Erik, first of all apologies for the late reply. We have had hundreds of people asking questions and it takes days to answer. There is nothing to stop you doing some of the work yourself. You can apply to the NHBRC for an exemption from registering your house – so that you can owner build, though you will still need a competent person to complete and submit the plans and officially take responsibility for the build. Alternatively you can come to an arrangement with an NHBRC-registered building contractor and agree (in writing as part of your contract) that you will do certain work – which will undoubtedly reduce your costs.

230. I think you might need a certificate in terms of the new energy regs (e.g. XA) to prove what glass was used.

231. Unless you can identify the original people who did the work, you will have to go to third party professionals. If you have the money you could also lay charges against the original builder. Also, if he was not registered with the NHBRC you can contact them and/or lay charges of fraud.

232. 1. I think you mean 50-year flood line. While some local authorities allow building here, do you really want to take the risk of losing it. If you do, check that your insurance co will cover damage.
     2. If double walls are load-bearing you are definitely going to need approved plans to make these changes. And unfortunately we don’t do referrals.
     3. I guess you are right – the previous owner made illegal changes. And yes, when you do renovations you can update the plans to “as built”.

233. It depends largely on height. But it’s up to the local authority to decide. Check with them.

234. Apologies for the delay in responding. I do hope this has been resolved. Basically you need to complain to your local council, or you can take action in terms of the PAJA Act. Either way it can be retrospective.

235. It all depends on the zoning regulations of your local authority Pete. Contact them and ask.

236. All the usual building regulations apply to all structures – however where a “non-standardized product, material or component” is used, according to the NBR, you need an agrément certificate that confirms fitness-for-purpose of this non-standardized product, material or component, or the acceptability of the related non-standardized design and the conditions pertaining thereto (or both) issued by the Board of Agrément South Africa which is a body that operates under the “delegation of authority” of the Minister of Public Works.

237. Sorry Patrick we do not offer that kind of service.

238. Yes Beni there are. You will find them in SANS 10400 Part F: Site Operations. Scroll down to the heading on this page to the subheading Control of Unreasonable Levels of Dust and Noise.

239. What are the rules about the time of day you can have workers doing alterations?

     We live opposite a building site and they start 6am every day including Saturday and Sunday.

     Surely there are rules about this and especially on a weekend?

240. If the wall was yours they cannot remove it without your permission. And if it is really “high” and “massive” they need approved plans from council. So contact your local authority.

241. No – but there may be bylaws regarding elements within the kitchen that alter this. Your local authority will be able to advise (I hope)

242. Do the plans specify a painted wall – or just a plastered wall?

243. Shaun this will be covered by the zoning regulations of the local authority. It varies.

244. It can be single brick (single-leaf). The specs are contained in Part K of SANS 10400 – Walls – under the subsection freestanding walls – i.e. walls without lateral support that are not retaining walls. There are tables in the regs that tell you how high the wall can be in relation to its thickness and whether piers are required. e.g. If the wall is 110 mm thick – a single brick laid end-to-end – then it can only be 1 m high; if you laid them long sides together, the wall would be at least 220 mm thick and you can build up to 1,8 m; if you use a unit that produces a 290 mm thick wall then it can be 2,2 m high. A 110 mm thick wall can be between 1,5 m and 1,9 m in height as long as the prerequisite piers are included.

245. I answered this question – or one very like it – yesterday. Probably not, but check with the council to be sure.

246. I think this falls under city or local authority bylaws. And you do have to start building within a certain period, plus I think you have a certain time to complete the build – though you can get an extension. Check with your local authority.

247. Only a competent person who is trained and qualified and registered is allowed to draw plans. And only this person may submit the plans to council.

248. Paul electricity is not covered in the National Building Regulations, which in any case doesn’t give this kind of detail. You may find this information in SANS 10142: The Wiring of Premises. And meter boxes are pretty standard in size, aren’t they?

249. You can object, but whether this will get you anywhere is another story. Then there is the PAJA Act – this link will give you more info.

250. This isn’t a National Building Regs issue, but it is one that hundreds of people write to us about. Once thing that is very clear is that working from your driveway IS trespassing. However, if they can’t cut the trees without accessing your driveway, you might have an even bigger problem. It isn’t clear whether the trees actually encroach on your property – or the council’s property (if the latter draw their attention to the fact). If the trees do encroach on your property, you can insist the neighbour removes them. This includes any roots that may have established themselves on your property as the trees have grown. He/she is within his rights to grow trees on his own property, even if they obstruct your view, block out sunlight etc. If it is genuinely a safety issue, then you could put him/her to terms in writing. If he ignores this your only recourse will probably be to get a lawyer to write and threaten legal action. Maybe put your complaints in writing, and then try to talk to the neighbours.

251. Gideon you are right – you cannot simply build over a manhole cover. But you cannot build an extension without approved plans either. If you need to move the manhole, this will have to be included on your plans, and the local authority will decide whether or not this is feasible/allowable.

252. Hi,

     I own a property with three manhole covers (not sure if it is storm or other). One is exactly where we planned an extension to the existing building.

     What are my options in terms of getting approval to build over/remove/move the manhole?

     As i understand one cannot simply build over the manhole?

     Thanks!

253. Johannesburg is, as far as I know, the only local authority that doesn’t require plans for swimming pools. If your contractor said you didn’t need plans this is fraud – contact him and demand he has plans drawn up at his costs and put in writing that you will hold him liable for any other damages. If there is a power line servitude, this will be on the title deeds.

254. I don’t think so, but perhaps you should check with the council regarding what their bylaws require.

255. Yes you do need plans. Only minor building work doesn’t require plans; even temporary buildings have to be authorized by the local authority – and plans will often be required.

256. Hi, i moved into a house 2 years ago and my neighbor planted evergreen trees, about 1.5m high and from the front wall to the pavement, between my driveway and his side. My problem is that the trees grow in such a way that they become bushy, pose a threat at night, block my right-hand side view when i reverse and they(him and the wife) have to stand on my driveway to maintain their trees. I tried talking to them and they do not see anything wrong with that and I feel they are trespassing and disturbing my peace.

     Please help

257. Sounds to me that they are changing what is on the approved plans. Contact your local authority and ask how you can lodge an official objection. Or it may be sufficient to just let them know what is happening. You cannot simply block up external doors that are on the approved plans.

258. Your local authority will be able to give you this information.

259. It is not what we require Karl – we are just an information website. If you look at Part A of SANS 10400 you will see:
     “Agrément certificate
     certificate that confirms fitness-for-purpose of a non-standardized product, material or component or the acceptability of the related non-standardized design and the conditions pertaining thereto (or both) issued by the Board of Agrément South Africa”

260. This is not covered by the National Building Regulations

261. I don’t believe any of this is legislated. You meed to negotiate with the person you are buying from.

262. All structures must comply with the National Building Regulations. In terms of a “wendy house” you would reference all the usual Parts – e.g. foundations, walls (specifically timber), roofs, ventilation etc. I don’t know anything about SANS 10082 I’m afraid.

263. Francois, from what I can see in Part H of SANS 10400, Foundations, the height of foundation walls of a single storey house should not exceed 1,5m. Further, the height of fill beneath floor slabs should not exceed 1 m. However, it is possible that they were designed differently for a reason – by an engineer. This would be on the approved plans.

264. Hi, what is the maximum height the foundations of a house are allowed to be above the ground in South Africa? We have a builder building next to us and the foundation is about 2 metres high.

265. I would like to know where i coud get the specifications and regulations for the erection of a wendy house storage facility, reffering to the sans 10082 with regards to this dry storage facility.

266. Using a fibreglass shell is one method of building a pool. Most local authorities require plans for ALL pool types, and there are standards that must be followed when building. I am not 100% sure, but I think the City of Johannesburg is the only local authority that doesn’t required plans for swimming pools. In any case, check with your local council.

267. Have a look at our book Owner Building in South Africa – you will find some information there.

268. You will definitely need plans for the bathroom; you may not need plans for the dry walling – that will depend on your local authority.

269. Chris you should contact the local authority and discuss your concerns. If you don’t get any joy then let us know. Here’s a link that might also be useful.

270. Building plans are required for ALL structures as described on this website. Only minor building work does NOT require plans. Furthermore, these plans must be approved by the local authority.

271. There is no law governing this. You will need to come to an agreement with your neighbour.

272. hi, I have an bank/slope on one side of my property, who is responsible to put up a boundary wall or is it 50-50 for my neighbour and I. Thanks

273. Hi. I would like to know – if a vacant piece of land is bought, and a wooden cabin structure with a tile roof is erected to live in, are builing plans required to do so?

274. Janek

     Property next to me which belonged to the school has been sold and building is in progress. It seems like 5 single quarters but the contractor keeps saying it is a house. Why would he lie? What is he hiding? What avenues can I pursue to get answers as I feel this new building is going to impact on my living conditions, security and the value of my property.

275. Hi,

     I have a double storey house the second floor is essentially 1 big room. I want to separate the room into 2 using dry walling and add a bathroom to use existing pipes from downstairs(running new pipes to join existing).

     Will I need to get plans drawn and approved to change the interior ? I will not be making any modifications to existing building or walls.

276. Any financial advantage buying a newly completed house directly from a builder rather than making use of an estate agent. What are the pitfalls, if any?
     Thanks for your assistance

277. Hi

     I recently purchased a property and appointed a contractor to finish the property he advised me to put in a pool which he said that he would give me a engineer report and that it did not need to be on a plan. I had an inspection from our atlee agency for the area that say there is a overhead power line servitude and I need a plan for the pool. What recourse do I have to get this corrected.

278. I am interested in buying an undeveloped smallholding in the Somerset West area.

     What are the minimum requirements that the seller must ensure is in place before selling, eg. water point, electricity point up to the boundary etc.?

     There are municipal services available in the area.

     Thanks

279. Hey I just want to know I dont want to build a pool but I want to put a fiberglass shell in the ground do I still need plans for the pool and must it get approved?

280. Hi, we live in a complex. Do we need plans to put a wendy house in an enclosed courtyard, as a temporary domestic quarters? Large courtyard, so would take up less than half the courtyard.

281. Hi

     We have a covered patio which is shown as such on our building plans. We want to enclose the patio by installing Aluminum stack doors. That is the only alterations that will be made. No alterations will be made to the structure of the existing walls just the installation of the stack doors.

     Do we need to get approval from Tshwane and must are plans be revised?

     Thank you for your assistance.

     Ivan

282. Hi…
     Would you require any building permits for container homes? What is if any are the rules regarding container homes.
     Thanks
     Karl

283. What are the laws regarding CCTV cameras pointing inside a private property? Said property has now been sold but I am not sure if it includes the CCTV cameras.

     I have posted this question a few months ago but received no reply. Since my last post, I have discovered that a total of 9 cameras have been installed around the neighbours house of which at least two point directly into our property.

284. Good day, my neighbour has purchased the next door house which is a single storey house and now wishes to make it a double storey house. The problem now is that this will obscure the view I have of the town from my bedroom window. Can I object on the basis that my view is now going to be obscured and that this will devalue my property. Please advise. I live in Pietermaritzburg, Kwazulu Natal.
     Thanks.

285. Hi

     I am taking on the management of my building project, I am in the process of awarding separate contracts to the builder, Plumber, electrician and carpenter. Can you please let me know at what stages do I need to get the council building inspector out to site. Is there any advice you can offer.

     Many Thanks
     Deenan

286. Are there size requirements and specs for meter boxes forming part of the boundary wall , for 3 phase electricity supply meters? If so where can I find them? For a Bryanston property.

287. Hi Morne, Site densities are not covered by the Building Regulations but rather by the Zoning Bye-laws for the area that the plot is situated in. You will have to contact the Planning department of the Council for the area and ask them what is OK.

288. Hi Wendy, apologies for the delay with this reply. I suggest that you contact the Council planning department for Langebaan and report this. Contact the inspector in Malmesbury, he will know who can do something for you in that area, his name and number: Michael Jacobs 022 487 9400

289. Hi Gerri, So long as the structure is smaller than 40sq m. Read this post for guidance: sans10400.co.za/minor-building-works/

290. Hi Jay, What many people do is change the way a building was approved and after the build then put in “as built” rider plans. You might hit a snag when the inspector comes to inspect your foundation trenches before the concrete is placed. Point out to him that it does not encroach any building lines and you will submit new plans at the completion of the house.

291. Hi

     I have approved plans and im ready to build. I now would like to move my dwelling from 3 meters to 4 meters away from the boundary walls. Can I do this as it is moving away from the wall and not towards the wall.
     Or do i need to submit amended plans ? This would just delay the building another 3 to 4 months.

292. I need to obtain clearance certificates for foundations,slab and roof for a improvements recently done in a house. The house is in Boksburg in Atlasville. Names of possible service providers and associated estimates would be appreciated.

293. I would like to put up a carport at home. Do I need a plan?

294. Hi…My mother has recently moved into a small house with a back door and front door. Burglars broke the back security gate lock and bashed the wooden door for entry. The owners of the house have now decided to remove the door and brick it up completely. Now there is only a front door so she must walk around the house to get to the back yard. Surely this cannot be legal ? (fire hazard)and if not, who can be contacted for the regulation please? Many thanks

295. Good day

     Im looking at purchasing a plot of 975 sqm, and would like to build x4 120sqm townhouses. Is this possible according to regulations? Who should i contact to get confirmation?

     Thanks

296. Hi Abrlour, It all depends what the sale agreement with the seller says. If the geyser was defective when the sale was made and the two parties agree who will pay to fix it then this should have been written into the agreement. If it is a latent defect and the seller was aware of the defect at the time of the sale then the buyer will have to prove that the seller was aware of the defect and concealed this fact when the sale was made. This may not be that easy. The estate agent must be challenged as they then did not do a proper job when they inspected the property before putting it up for sale. You could approach the Estate Agency Board for advice. This is a civil matter and the costs of litigation could be more than the cost of fitting a new geyser.

297. Hi

     Does a geyser leaking into a wall have to be fixed by the seller of a property?

     Abelour

298. Are there any regulations or policies covering shipping containers as building components for houses?

299. if i want to build farmworker dwellings on a piece of my farm. what is my restrictions in terms of rezoning and how many houses can i put up for my farmworkers without having to rezone?

300. Hi All,

     If I design a residential/commercial property by myself and draw my own plans, am I required to have the plans ‘stamped’ by a registered architect, or can I submit directly to the council for approval?

301. Hi Penny

     We have a covered patio which is shown as such on our building plans. We want to enclose the patio by installing Aluminum stack doors. That is the only alterations that will be made. No alterations will be made to the structure of the existing walls just the installation of the stack doors.

     Do we need to get approval from Tshwane and must are plans be revised?

     Thank you for your assistance.

     Ivan

302. Hi when building plans are approved is there a certain date that you have to start building and or does the plan expired.

     Regards,

303. Can a boundary wall be a single brick wall or does it have to be a double brick wall ?

304. Janek, Penny,

     I intend to purchase a smallholding 6-8 Ha. I also intend to build a house more suited to my family needs, requirement and taste. Is there a maximum limitation on the building size (square meter under roof) on a smallholding?

     Regards

     Shaun

305. We recently built a garage on our boundry with approved plans am I responsible for painting the neighbours side of the wall

306. hi

     the previous owner of my property, signed a notarial deed to share our servitude and the neighbours. the nieghbours are now erecting a complex and plan to put a gate at the bottom of the servitude.
     as per the notarial deed, they require my permission to perform any construction within the servitude. i have objected to any construction, however i see that they are starting to build a wall.

     who can i take this up with

307. Does a kitchen have to have a door leading to outside?

308. We live in Langebaan in a quiet residential area, in a single family dwelling. The house next door to us, also a single family dwelling, has recently been sold and is being rented out to up to 10 unrelated young people living in the main house, the domestic quarters and a Granny flat. The owners do not live there. When we wanted to build an extension on our house in 2011 we had to sign an affidavit to the effect that this room would not be rented out and be used only as a home office before they would approve the plans. Are they allowed to rent the house out to this number of people and who could we talk to in this regard? Thanks

309. I live in a complex & the adjacent complex is putting up building without our permission. Is this allowed?

310. Willem, I have replied to your other email that you sent. To repeat, all municipalities are different so the scrutiny and approval fees will be different unless you live in Johannesburg then please just read the post here: sans10400.co.za/landscaping-2/swimming-pools-2/

311. Is it true that if you build a swimming pool you must pay R3000 to get your swimming pool drawing approved by you’re local municipality?

312. I am not sure what might have lapsed. If a boundary is in the wrong place you need a land surveyor to redo the measurements and then rectify the situation. Unless there are changes to the title deeds nothing can have lapsed – especially if it is just a fence that needs to be moved.

313. You should have had the plans signed off by council, and it would be up to them to call for additional certificates if required. I’m sure you could get the same engineer to give you additional certificates, but the point is who needs or wants them?

314. You can apply to the NHBRC to owner build, in which case you can get an exemption and you won’t have to register with them. They do a multi-choice exam that you will need to pass. But you will need a competent person to oversee the build.

315. No idea … ask the local authority, they should know.

316. Check your lease agreement in terms of liability. Then consider getting legal advice.

317. The law that relates to registration with the NHBRC does not apply to extensions and additions.

318. SANS 10400-A (2010) The application of the National Building Regulations Part A: General principles and requirements
     “B.11 Alterations and additions to existing buildings
     Although in general the National Building Regulations are not retroactive in application, a problem might arise when alterations or additions are carried out on buildings that have been erected in compliance with earlier building by-laws.
     In the case of an addition it might be possible to treat the new portion as an entirely separate part which can be designed to comply with the National Building Regulations without having any effect on the original portion of the building. In the case of an alteration, this will seldom be so and it therefore becomes necessary to ask to what extent that part of the building which is not to be altered should comply with the National Building Regulations. This might be particularly pertinent in the application of fire regulations where escape route requirements, for instance, tend to be more stringent.
     It is obvious that a pragmatic and essentially practical approach is necessary. In terms of the functional regulations every attempt shall be made to ensure the safety and health of the occupants of the building, but this should be within the context of what might be practical and economically sound in an old building. If an owner or entrepreneur cannot alter a building to suit his purpose at a cost which will enable him to have a reasonable economic return, he will probably not alter the building at all. This could lead to the perpetuation of a situation which might be dangerous but one which is in compliance with old by-laws and is thus perfectly legal. Such a situation could often be considerably improved by making certain changes that are practical and economically sound even though they would not provide the same standard as would be expected in a new building.
     Both the owner and the local authority will have to consider what they are trying to achieve with the Regulations and the answer should be tempered by the knowledge of what is reasonable and practical to require of an existing building.”

319. The National Building Regulations are exactly the same for you, me and churches. There should have been an approved plan and the church have been built according to this plan. Often local authorities turn a blind eye to construction work in rural areas.

320. This has nothing to do with the National Building Regulations, but why shouldn’t you be allowed to?

321. It depends entirely on the contract you have with your contractor.

322. Never ever pay in full for building work until it is complete. The only recourse you would have in terms of a leaking pool would be if the contractor was a member of the National Spa and Pool Institute (NSPI). All you can do now is go to a lawyer and take action through the courts.

323. This is not an NBR issue, but it shouldn’t make any difference to his rates at all. The issue is whether the council will have any objection to you running a business from home. Generally you can do so as long as you don’t have members of the public visiting the business premises because then parking because an issue.

324. He can dig trenches but he needs plans to build – and the trenches need to be checked against the plans before the concrete is placed in the trenches.

325. Can a builder dig trenches without passed plans

326. Hi I’m renting on a property and have a small business which I have permission from my landlords to run,I wanted to find out if I have advertisements put up regarding my business,will this affect my landlords rates in anyway,will they be fined by the municipality?

327. Greetings,
     Who do I complain to if a contractor has been fully paid to build a swimming pool- but has disappeared prior to finishing. Before finishing with the pool, the builder realized that the pool is leaking- he no longer responds to our telephone calls and email messages. He has also been paid for a pool cover which he has not fitted.

328. Hi

     After a contractor has contractor has completed a house, how long is the warranty period and what should the warranty entail?

329. Good day I want to find out, if you have a shop in a mall can you carry in your goods through a fire escape route?

330. You should get legal advice from a lawyer who specialises in Sectional title properties. Essentially you will only own the building and all the land surrounding the house/s is common ground and you may use and get special rights to use certain areas, such as a fenced off garden area for your use, by agreement with the other title holders. For any renovations and additions at a later stage you will first have to get the ok from the HOA and the neighbours before any plans can be submitted for approval. There is an article here that you might find interesting: top-tips-for-sectional-title-buyers

331. Under the Prescription Act a buyer has 3 years from the date of becoming aware of the “latent defect” to claim from the seller. The “voetstoets” clause does not cover the seller in this case. The CPA (Consumer Protection Act) does not cover a once off sale from a seller to a buyer unless the seller is in the business selling houses. Here the estate agent should be cited as they are in the selling business but most of them will hide behind the fact that they never asked the seller if their plans were up to date.

332. Hi

     How long can the previous owner be held accountable for structures that were not included on the set of plans submitted to and approved by council?

     Thanks
     Jaco

333. Hi,
     I am considering purchasing a property, but because these are a shared plot (one plot divided in two for two “townhouses”) So the developer tells us that it doesnt usually lead to issues, im a liuttle confused tho, as it is a sectional title how will this affect my property?. he says that it will be a “two house complex” thus meaning the two owners form the body corp… how does this affect me future extension plans? and any other decisions for my property?
     Please help, im totally clueless.
     Thanks

334. This sounds as though there are too many illegal dwellings on one property and this is not allowed. You must contact your local council planning department and report this to the inspectors, they might want this in writing.

335. Hello
     I have three neighbours fro there surrounding homes who are building corrugated shacks up against my boundary vibacrete wall without gaining permission from me.
     Would you kindly advise please.
     Many thanks and regards.
     Shirley x

336. My church has constructed a steel structure with a roof. what must a church do to meet construction regulations? A church is in a village. The structure was constructed by exprience, unqualified personnel.

337. All buildings on all properties are governed by Law to submit plans and that they be built to SANS standards.

338. Hi,

     Does the building regulations (SANS) apply on farm buildings as well? A lot of farmers build their own sheds and so. Must that comply with regulations since it is not really in the municipal boundaries?

     Thanks!

     kind regards
     Elane

339. In response to your answer ‘council might want you to retrofit the house to comply with the new regulations. They are not allowed to do this’ – is there any way I can prove this??? I bought a house 2 years ago and part of the sale agreement was that the owners would have ‘as built’ plans drawn as the approved plans on file date back to 1965 and do not include certain additions. We have just got the new plans approved, but council wants us to retrofit the garage (built in 1965) to comply with new regulations. What are my options?

340. This is an area of great concern to us here and we want to try and address this with the Estate Agency Board and look in the future to get legislation passed to fix this loophole. Please read our recent post here: house-without-approved-plans

341. Hi,

     I purchased a house 4 months ago. I recently contacted the previous owner & asked for a copy of the plans as he added on an entertainment area onto the house.
     He says no plans were drawn up as this would have increased the value of the house & rates & taxes.
     Should the banks have picked this up before issuing the loan?
     Can the previous owner be held liable for not disclosing this in the contract?
     What can I do now?

342. Hi, I plan to build a outbuilding (2bedroon) I would like to know what’s the process if I want to
     take this project on without a certified builder. The inspector passing the final building.

343. I am a degreed Mechanical Engineer, with sound theoretical background and huge interest on steel structures, I fully understand the codes and their interpretation. Am I qualified to design, fabricate and erect steel structures in South Africa.

     Regards,
     Chris

344. Good day our new neighbour removed a section of the shared boundary wall between our properties and erected a high wall and a massive structure extending from the entrance wall to their house. Is this allowed and do they require permission?

345. We have a great problem with molf at the flat we are renting.we have been complaining since last year and my kids are in out of hopsital on a monthly almost weekly basis.I have decided to have the repairs done myself as the owner and managing agents are not responding to the matter urgently.The doctors have cobfirmed that the mold is one of the main reasons we are always sick.I have alot of hospital bills and the repairs will cost quite a bit as there cracks in walls the paint is starting to peel off and they did not bother to fix the vent in our bathroom and the ceiling in completely covered in mold.

     have stopped paying the rent as my medcal bills are almost as high as the rent and bow the repairs.

     Really love living here and my neighbours are really great as well I dont think the owner will give back my deposit if I wanna move so we not in a place to do so.

     The contractor has agreed to take part payments.what are my rights as I feel its a violation.The health inspector validated my claims in hopes that they will come forward but nothing

346. It depends who is the rightful owner of the wall. If the wall is totally on his property then he can add to the height so long as the wall stays under the height allowed in the local by-laws. If it is over this then he will need planning permission and possibly neighbours consent. You will have to check this with the local council about height restrictions for your area. As for cutting the trees that are on your side of the wall, this is NOT allowed and this is not building regulations but common SA Law. You can write him a letter asking for an explanation and follow up with a lawyers letter. Any branches that were over the boundary on to his side he is entitled to trim.

347. It all depends on the extent of the additions and how close to the boundaries you intend building. Each suburb in Johannesburg has its own zoning regulations that say what is allowed without neighbours permission. You will have to contact your local council planning department and give them your address and ask them what the by-laws say for your area.

348. Hi.

     We have a clothing business and are expanding nationally,we do have our own team of shopfitters,tilers and ceiling and drywalling contractors that work for our company.

     We are now required by some of our Landlords to have the business registered for building and maintenance as they are corporate companies like Old Mutual,Liberty and the like…

     please advise which regulatory body should we register with to comply with these corporates?

     Kind Regards.

     Usamah Mahomed

349. Hi.
     I’m working in UK as a qualified bricklayer, I’m also a qualified electrician and solar panel installer, I also have a few other courses under my belt. I’ve got approved plans for a site I have back home and want to build the house myself, Do I have to be a registered?

350. HI Janek,

     We in the process of selling and while we stayed here we did a number of renovations including building on a guest room and raising the roof in the lounge. Everything is on plan and these plans were signed off by an engineer. The draftsman has subsequently mentioned that for selling we will need to get a foundation certificate, roof certificate and engineer completion certificate. So my question is can I get these all from the same engineer who signed off on the plans?

     Thanks

     Warren

351. a Friend of mine bought a vacant piece of land in town, then found out that the boundaries is incorrect. the fence will have to be moved out into another erf. Now there is a disoute with the owners/managers of the other erf and they say that apparently my friend can’t claim because the claim lapsed/prescribed. Is that true?

352. Please have a look at our page on SANS 10400-Part P, Drainage, Plumbing,Sanitation and Water Disposal and there is a table there that will answer your query.

353. In terms of the Building Regulations and SABS0400 on a factory premises, how many persons per toilet at such a premises?
     We have 62 women on site with 7 ladies toilets.
     Is that sufficient?

354. You should just do the changes and then submit a rider plan to the council with the “as built” changes.

355. You will have to get an architect or a “competent person” (draftsman/person) that is registered with the SAIA (South African Institute of Architects), SACAP (SA Council for the Architectural Profession) or other qualified body to draw up an “as built” set of plans for the council and have them submitted. You may shop around and get a few quotes for this. You will also have to pay the set down council fees for having the plans scrutinised and approved. An inspector will want to visit the property and see that the plans submitted are the same as is existing on site. Just be aware that the council might want you to retrofit the house to comply with the new regulations. They are not allowed to do this. BTW the plans were more than likely submitted and approved at the time but as has happened recently plans in some councils have gone missing or been misfiled or destroyed and they take no responsibility for this 🙁

356. Good morning

     I hope you will be able to help me with this. I inherited a house from my grandfather, the house is not that old, its about 25 years old but it looks like the plans was never approved by city council.
     Is there a way I can get someone to inspect the house and approve my plans or what options do I have?

     Kind regards
     Raymond

357. You can read all about this in Part-F of the Regulations here: site-operations

358. Contact the local municipality planning department and request that they send a building inspector out.

359. Boreholes are not covered in the National Building Regulations but, because this is such an important resource for South Africa, by the Department of Water and Sanitation. The situation you describe sounds totally illegal. You will be able to get all the info you need here: Groundwater/Documents You can report this to your local building inspector as well.

360. It sounds as if you have a legal servitude registered in your property deeds that allow for a sewage pipe to cross your property. If this is so then you are not allowed to build within the limits set. The estate agent or transferring attorney should have pointed this out to you. You can apply for a waiver to build within the 16 meter limits. If they grant you permission then you might have to encase the pipe in concrete around the section that you want to build on.

361. A carport must be open on 3 sides otherwise it is a garage according to the regulations so then yes you will need to submit plans.

362. Without inspecting the property it is very difficult to give some proper advice on this one but they are entitled to ask you to demolish. But you can consult with them and find out what they require to make it legal without demolishing it. You can get permission to build over sewage lines, see our post here: blocked-drains of a house that had a blocked drain under the garage floor addition over a drain. As the pipe was not encased in concrete it got squashed and kept getting blocked. The best is to get an architect and he will know the regulations and can negotiate with the council on your behalf.

363. You will need plans because you are changing the code of use of the area from a garage to a room that people will live in. Each municipality in SA have their own time-line in scrutinising and approving plans so we can’t say. You can have two stoves but you will need a qualified and registered electrician to install wiring and new circuit breakers for the new stove and he will give you a COC so that the council can issue you with an occupation certificate. Keep this on file as you will need it if you decide to sell at a later stage.

364. Yes there is, they call it the density that you may build on an erf. Each municipality has its own zoning plan for each suburb and there is no single answer. Call the local council planning departmemnt give them the erf number and address and they should be able to tell you what percent of the property can be built on.

365. I have a question, my husband and I have permission to build on his inlaws land, is there a certain size that the house has to be. The existing house is very very small therefore the excess land?

     Thanks

     Kerry

366. The competent person that you appoint has to supply the inspector with the A19 and included in that is the rational design of the roof Part-L and the Agrement for the materials used these you will get from the truss supplier.

367. There weren’t any. Before 1986, the Provinces and Municipalities all had their own regulations even though they were similar they were different to varying degrees throughout the country. The National Building Regulations & Building Standards Act 103 OF 1977 was published and in 1986 the National Building Regulations were promulgated.

368. There is no indication if you are on a small-holding, a farm or just a large property in town. You have to contact your local council planning department and find out what the local by-laws are for this as this is not a National Regulations matter. You will most certainly need plans.

369. You can report this to your local council, the contact number in your area is 021 684 4369

370. So long as there are no inspection joins then you will have to encase the pipe in concrete then you can build on top. You will need to get plans approved for the granny flat anyway so you can ask your planning department before you do final plans what their requirements are.

371. So long as the materials used in the building are have an Agrement certificate and the building complies with all the SANS 10400 standards and the by-laws are adhered to. You will have to submit plans and then the council should approve your “Granny Flat”.

372. Have done, 🙂

373. Hi Sushen, I apologise for the delay in replying, we are snowed under after our move and being offline waiting for our line to be transferred. Any house built before 1977 is not subject to supplying a Certificate of Occupation and it is not retrospective. It is not compulsory to have one for a building built prior to 1977. Any alterations done to the building after this date will then be subject to the new act and will have to comply. The certificate should be issued relevant to the new alterations but some municipalities might want upgrades done to certain aspects of the building, such as a new electric DB, as a safety measure before the certificate will be issued. Some banks, through lack of knowledge of the law will demand an Occupation Certificate for any/all buildings. Please go to our Downloads Page and you can download NATIONAL_BUILD_REG_BUILD_STAND_ACT_103_as_Amended.pdf for your records. The section that you need is Article 14. I hope this helps.

374. Hi, Please assist me with this.

375. Hello.

     I am looking for a copy of the NBR which was active in 1969-1971. Do you know where I could possibly find one?

     Thank you, Regards
     Sherika

376. Hi,

     I want to by trusses from someone for my new extensition, when the inspector comes to sign over the occupation must i have a A19 for the roof trusses with tiles.

377. This sounds like a legal matter that we are not really qualified to answer. But if you use common sense here, then the owner should benefit as the cost of the foundation (including materials and labour) are not needed and so should be credited back to the owner out of the quote.

378. You do not say what you want to put in place of the window so I can’t really answer your question fully.

379. The regulations for this will be covered by the local by-laws and not the National Regulations. Check with your local council planning department what they require. But common sense says that a tower the size of the Brixton tower will need plans but a 2-3 meter high mast might only need neighbours consent.

380. This sounds as though they are in total contravention of the Building Regulations specifically SANS 10400-Part K, retaining walls can be a danger to the public and must be designed by a “competent person” in the field and be approved by council. Read the article here: retaining-walls

381. This is out of the league of the SANS10400 and I suggest that before you contact an architect ask you local town planning department for assistance as they will have all that type of information on hand.

382. Hi

     I am designing on electrical for land development and I only have town plan design, how do I determine the total load of the whole area if I don’t have architectural design yet.?

383. The NHBRC has specific procedures in place for situations such as this, just go to this page: nhbrc.org/index.php/search and get the complaints form and submit it.

384. Permission for temporary structures is normally granted for the duration of the building process and this is usually a maximum of one year from plan approval. After this an application for a time extension can be applied for.

385. Most of the GR Cabins are for human habitation so they must have plans approved before construction starts.The smaller garden sheds/storerooms will, most times, in most municipalities not require plans but some will want a letter stating that you are erecting a shed/storeroom. Read more here minor-building-work.

386. HI,

     I have a question with regards to the retrospectively of the National Building Regulations and Building Standards Act 1977 (Act No. 103 of 1977) and in particular with regard to Occupational Certificates.

     Do you require a Occupational Certificate for a building constructed prior to 1977, in that as far as I am aware legislation does not have retrospective effect when they are enacted unless this is specifically made provision for?

     Then, if the act does not apply retrospectively, to what extent must alterations be done to a building constructed prior to 1977 to make it compulsory for a Occupational Certificate to be issued?

     In responding to the above, I would appreciate if you could refer me to the relevant sections of the Act that deal with this and case law if possible.

     Thank you

387. Just to elaborate I am aware this structure would be considered temporary/movable and I will require permission from the council to commence building. What is generally the maximum period which authorization of the temporary structure is granted for?

388. Hi,

     I would like to have a small free standing cabin like GR Cabins put up in my garden supported on cinder blocks. Would I need to submit plans for this?

389. hi Im struggling to find a house I can afford in the area I want to live. do you think buying a plot and building a house would be a better option?

390. Hi Sunil, Yes I am sure that you can do extensions to your out building BUT you will need to draw up plans by a competent person and submit them to council and get them approved before you start building. You should also check if the foundations of the outbuilding will be strong enough to carry the extra weight of a second storey.

391. When a purchaser purchased a certain property where there had been a dispute about the actual boundary, a surveyor resurveyed and all parties concerned agreed with where the pegs were placed.
     However, a long standing fence was not removed and a new fence built.
     Now the new owner wants to erect a wall where the old fence stands and claims that the fact that it has stood for years gives him the right to possess the land on his side of the fence that is actually part of the adjoining property. Said fence was put up many years before either owner purchased their properties.
     Please could you give an opinion about this?

392. Good day sir /madam

     I live in durban, phoenix. I would like to enquire is it possible for me to do an extension on an existing outbuilding? it is a free standing building. I would like to extend it in a vertical direction. Please can u assist with this. Your help will be highly appreciated.

393. Hi we have started. Our granny flat and lounge is to small and would like to swop bed to lounge would mean knocking one internal wall and inside and building up a doorway inside do I need to submit more plans builders have no time to wait kind regard E .Lombard

394. Hi Marizaan, This sounds like a totally illegal structure. Go directly to your local council planning department and lay a complaint immediately

     in writing

     giving them the address and any other information that you can. You can ask them to keep your name anonymous if you are worried. If you do not get any help from them please read our article on the PAJA and download and submit those forms.

395. Hi Wynand, It sounds as if you have started renovations already without getting permission, this could get you into trouble. The grading that you mention is that possibly Grade III B? I have uploaded “Heritage-grading Guide & Policy” on our download-regulations page for you to look at for reference. It would appear that the City of Capetown is now the one that can deal with local heritage buildings read more here: https://www.capetown.gov.za/en/Pages/Citydeemedcomptomanagelocalheritage.aspx

396. Hi Angel, You will need planning permission for the containers and plans will have to be drawn up and submitted. The architect or drafts person will specify if concrete foundations are needed.

397. H UV, You will have to employ a “competent person”, ie. a registered architect or draftsperson, to draw up the plans and then submit them to your local council planning department.

398. Hi Paul, Unfortunately he is right that the materials used and the changes from a “solid brick wall” to one that has columns and palasaides built in changes what was approved by council so rider plans will have to be submitted. You could contact the council inspector and ask if they would consider a waiver on this. The ownership then becomes a legal matter and you would have to draw up a legal agreement that would have to be approved and passed by the HOA at the later stage.

399. I am currently building a house in a development of 20 clusters. The complex will form a HOA at a later stage as the development is not yet complete. I am having a discussion with the developer regarding the perimeter wall of the complex and if it would be possible to modify it to create a better view. Currently it is planned to be a 3m high solid brick wall. We have requested him to install brick columns with a partial wall with 2m high palisade inserts instead. The cost would be covered by us. The height of the columns and palisade would remain at the 3m level. He is claiming that the site development plan would have to be updated and that change cannot be made.

     Firstly who would ultimately own the wall once built? Is it the HOA or the owner of the portion that it is built on?
     Secondly what planning permission would we need to get for the modification done?

     We have consent of the neighbors already.

     Thanks.

     Regards Paul

400. Hi Shane, This sounds like a utility on a public servitude and should show on the site plans of your house as such. I am not sure if you can have this removed.

401. Hi Mike, This really sounds suspect from what you tell us. If you get the erf numbers of the properties then go to your local municipality planning department and ask them if plans for alterations and building on the site was ever submitted and approved. This is serious and you can lay a complaint with the local municipality. If you do not get any help you can approach PAJA see our article here:

     paja-law-protect-rights

402. Hi ,I have a few queries
     1 ) I live in Bedworth Park Vereeniging ,in one of the first houses built in the suburb back in 1977.The stands are nice and big average 5000m2.
     2 ) The Potch NW university vaal campus as well as the Vaal technicon campus border on Bedworth Park , so the Suburb has become a student Mecca with loud music and all night parties.So every house that is sold is turned into a digs.this would be fine if 5or six kids moved into these houses,but these houses have internal alterations and additional rooms added so that the average house now houses 12 kids
     Do the new owners have to subbmit drawings for municipal approval for these alterations.If so how long would this process take .the house next door was recently sold and within days there were builders on site busy with internal and major external additions .Can the existing infrastructure cope with regard to sewer and water reticulation.
     3 ) The vacant stand opposite me now has a double story 24 room house nearing completion,the whole stand is house, surley these plans could never have been approved,
     4 ) Do the owners of these digs properties have to declare this student rental as income or remuneration
     on there IRP5 to SARS every year because 12 X R2500 per month some R360000 per year

403. Hi. i recently purchased a semi attached property. on the left hand side of my house is a Hugh power box which has my power meter and 4 other neighbours meters there as well. is this legal? what can i do to have it removed?

404. how or can you get a house plans for extends that have been build without any plans?

405. Hi

     I’m planning to build a home with shipping containers do you know if it needs a concrete base(foundation) and if that’s the case will I need to get an inspector to check it.

406. Good day,

     I am hoping you can assist me. We have a property in Kenilworth which we are doing substantial renovations to.
     The front of the house will remain the same however the renovations will extend through to the back area of the house. Our situation is the property is classified as a grade B heritage building. We would like to know what the process is and how long it wold take to submit plans for this project please?( Would the local heritage offices(Plumstead) need to pass the plans first or could we go direct to council?

     Thank you for your assistance.

407. Hi there

     I would just like to find out if there is any laws on this, our new neighbours built a house in less than six months. They put up a wendy house against the vibercreatwall seperating us. The wendy house is basically a fully functional home, with pipe lines and electricity. Our brick paving next to the wendy house is now starting to break and fall in ward. Is this something to consult someone with?

408. Hi Penny,
     Our neighbour is subletting his property to build shacks. the shacks are constructed against the boundary wall between ours and their property. is there someway we can stop him from doing this? thanks

409. Hi, i would like to build a house and have approached the manucipality about the issue. The saurage pipes pass right across the middle of the yard behind the existing property i bought. Now there is an enormous space left in the yard on the other side of the inspection eye (IE), but when i submitted the building plans they mention that i should abide to a 16meter servitude rule something even thou its inside my yard. Im struggling to get my plans approved to build a property within the other side part of my yard. Does the servitude thing apply even thou its inside my yard and im not building on top of pipe? How can i deal with this problem to get my property build on that space as its legally mine showing from yard planning from their offices?

410. Please tell me when or if a law was post that a townhouse complex must have fire walls.
     If a town house built over 50 years ago does not have fire walls is it compliant with building regulations.
     Many thanks
     Michael

411. We are thinking of building a kitchen and bathroom in our double garage and removing the garage door and closing it up putting in windows and a normal door what plans need to be approved how long does it take and are there any regulations on having two stoves in a home

412. Hi there

     I stay in a complex where the garage area originally had a single carport and a door that enters into the garage. From what I have heard if there are 3 walls it’s considered a garage the problem we have is that the single carport was replaced with a double carport and this extends to the house. The one side of the carport is open as it is slightly higher than the wall that separates me from my neighbor. When this was erected we were advised no plans are required we have recently done an inspection this being 11 years later and we were informed this is an illegal structure due to the sewage lines running through the garage. Do we tear down the structure leaving us open to the elements. Do we shorten the roof of the garage creating the required ventilation. I am in the process of approaching an architect that will be used to do plans for the entire complex as I am not the only one but would also like to have some information on the matter.

     Regards

413. Morning

     What regulations would have to be followed with drilling a borehole on municipal property and then making a business out of selling the underground water in bottles.

414. I want to know a carport if i close it with netec board to convert it in a room do i need plans for it.

415. Good day…we have converted our garage into a playroom and builded our garage forward. With other words, you walk from the playroom into the garage. The playroom doesn’t have any windows, but a skylight. Our kitchen is on the other side of the house. We are now thinking of maybe moving the kitchen to the playroom, which is next to the inside braai room who’s got windows. So you’ve got your playroom and out of the playroom you walk into the garage on the one side and to the braairoom on the other side.
     What is the regulations to convert a different room into a kitchen. Do you need plans?

416. Hi We are extending on our house and adding a second dwelling – Granny flat, we where just told by City Planning that a new regulation has come in to play with second dwellings, we will have to pay R17000.00 for engineering cost or something… I can not find anything on this new regulation, can you please help

417. I want to build a wedding venue barn , made all out of wood , i have the space to build it but need to know if building plans are needed and what licences and certificates is needed for me to start a wedding venue.

     The venue will be located in Pretoria – Kameeldrift west area.
     Please email me on klein.yolandi@gmail.com
     Thanks a million

418. Hi

     Do you need a enigneers certificate for a vibricrete fence of 2.4m high?

419. Building Construction Site-Excessive Dust
     What are the regulations with regards to dust pollution on a building site? Are there basic requirements for a builder to make sure dust pollution is controlled (i.e. shade cloth on building site perimeter fence/provide light watering of site regularly to settle dust?) If there are regulations and guidelines in place and builder is not adhering to these regulations, is there a governing body that you can report this to?

420. Hi there

     I would like to know, my neighbours Lapa is build right next to the boundary wall (grass roof actually hanging over the wall), this structure damaged the top part of my wall, and the neighbour refuse to fix it, as it was done, before we bought the property. The structure really does not look appealing, and with the wall falling apart, it’s a real eyesore, and it is on the front of my property so everyone can see it, or climb over the wall into my property, as the neighbour’s front wall is low, and can easily be jumped. The person living behind this person also have a afdak type of structure build right on to the boundary wall. Could you please advice where I can get information regarding the municipal by-laws, and how I can get the neighbours to fix this?

421. Hi

     I would like to know if it is allowed to do certain jobs yourself to reduce building costs. lets say digging the foundation level and leveling the floor surface etc.? I want to build a small house on a plot in Bloemfontein. May I build the whole house on my own or do I need n building contractor for certain jobs?

     Blessings

422. Hi, am I require by law to have a glazing certificate?
     thanks

423. Hi , I’d like to built a deck in my yard in durban are there any regulations or permits required to build a wooden deck.

424. Hi
     We are in a terrible situation where our builder had finished our new home but has abandoned the contract with the last 5 percent owing to him. The problem is now that the building inspector won’t issue an occupancy certificate without the required certs…. Something we will never be able to get from the original builder (people who did electricity, plumbing etc). it’s a bit of a pickle!

     Can we and are we allowed to get 3rd party electricians and plumbers to verify the works and issue the certificates? It’s hard to find contractors who are willing to do it!

425. Hi there … I have a question regarding boundary walls. Can my neighbour just extent (build it upwards without me knowing) ?

     Secondly, he trimmed trees and I saw branches that was growing upwards, not going past his section, was also cut down

     What is my rights ?

426. Hi Penny

     Please can you help with buiding regulations regarding retaining walls? we live in a complex in Benoni, Gauteng, having one side of the complex bordering onto an open peice of land, which has now been devolped into a complex aswell. The gound slopes quite significantly towards our complex and the developer has levelled off the ground using our boundary wall as a retainer wall, the soil has been pushed up against the wall by about 800 cm, interlocking paving has been laid on their side and there is sufficient fall to allow storm water to run off towards the street side. altouhgh the paving does not slope away from our boudary wall either, which could also lead to seeping damp.

     This is apparently illegal .as a seperate retainiong wall should have been build (apporved with plans) and damp proofing laid between the two walls. Am i correct in assuming this. Please can you give me a regulation of some sort that deals with this, in order for me to take the matter further.

     Regards

     Mike

427. Hi There,

     I am wanting to erect a lattice mast in my residential property, it is for my local community watch where we use wireless to connect cameras around the neighborhood to a central monitoring system. There is no internet access provided on these links. What are the laws, requirements and limitations of putting up this mast?

     Thanks,
     Daryl

428. Hello.

     Do you need your neighbor’s consent to extend your house?
     (Property is in Johannesburg)

429. Hey guys

     I have a question or 2,

     I want to build a “granny flat’, but I have found out that the area I want to build is on top of a sewerage pipe, what does the regulation say about that?

     And then What is the closest I can build to the wall that devides the yard with the nextdoor neighbour?

430. You need a agrement certificate that specifies what it is you are building.
     “Agrément certificate
     certificate that confirms fitness-for-purpose of a non-standardized product, material or component or the acceptability of the related non-standardized design and the conditions pertaining thereto (or both) issued by the Board of Agrément South Africa”

431. John the municipal bylaws are generally in line with the National Building Regulations that specify when site operations are allowed. If you click on the link I have given you and scroll down to Control of Unreasonable Levels of Dust and Noise you will see that your contractor is correct.

432. I am having a house built and the contractor has quoted to work Mondays to Saturdays from 8am to 5pm. Is it legal to work on Saturdays until 5pm?
     My Contractor assures me the the municipal by laws allow work to be carried out until 5pm on Saturdays

433. Hi I just recently went up the carport roof to check what is causing the flooding in my carport. I saw that my neighbour’s roof is overlapping on top of my roof and he did not install a gutter instead using my one. Water is pouring into my yard when it’s raining. Am staying in Mitchell’s plain Cape town how do I go about reporting this matter to the council and is there a person I can call to assist with this matter?

434. Good day. I want to build horse stables on my property. So I would like to know what I must do and what is the steps that I need to follow? What people do I need to go and see and who can I speak to about it.

     Thank you
     Mario Nel

435. hi was wondering if anyone could help me out.wanting to build a container home on the lower south coast kzn . where In south Africa are we allowed to build such homes and how could one get that area to approve homes like this!

436. Hi Dot, Every municipality in South Africa has zones that regulate what is allowed in each zone. If you want to build in an area that is an informal zone the you will not need plans. If you are worried then call the local municipality planning department and double check with them.

437. I love your service. We want to build a house in Mamelodi that is on a government given plot for a lady and her son. There is no electricity, running water or gas and everyone around has a shack. Do we need a building permit. I know no one around has. The house will be well built with two bedroom and living space

438. Hi…Thank you for the insightful information. At last there is a website, that does not require you to click through all the ads and then return to Google “search”. At the moment, my wife and I stuck in the middle of the “Buy or renovate” bridge. The best is to stay, and renovate, however the question is “how can we change or add to the current property, to give us what we need and then if it can’t then “buy”. So a few key questions to assist us to speed up the decision.
     1. Is building a pool in the 50 meter flood-line allowed?
     2. We would like “open plan”, Can double walls be broken down and re-enforced with I-BEAMS? Do you know of credible contractors that can take on this type of Job?
     3. The last time I went to the council to obtain the plans of my home, I received copies that do not reflect the correct design of my home. I guess the previous owner built differently to what he registered. Please advise on how I can get this corrected? Anyway, if renovations are to happen, this will have to be updated, I guess…

     Again, thanks for support…

     Best regards
     Vivian Pillay

439. I always spent my half an hour to read this website’s articles daily along with a cup of coffee.

440. The local council does not have the authority to override any restrictive clauses on your Title Deed, and you will have to make an application for the “Removal of Restrictive Clauses”.

     The process involves obtaining comments from certain municipal offices, such as the “Department of Human Development and Infrastructure” as well as “Eskom” and the municipal offices responsible for water works.

     A good idea will be to get in contact with the Town Planner for your area, and have them advise you on which departments will be required to give comment, and who the contact person is with whom you should deal.

     You will also have to submit a Site Plan, indicating the Proposed Position of the Proposed Garage and Home Office, as well as the position of the Building Line as set out by the Restrictive Clause on your Title Deed.

     The documents for this can be obtained from the council offices, and it will also have to be submitted with them.

     You can also contact an Architectural Professional or a Lawyer specialising in Conveyancing to deal with the application on your behalf.

441. Dear Penny

     We have bonded property which we want to remove one of the existing windows which is small and frosted. The size of the existing window is small and we would like to find out if are required to have an architecture to effect the changes to the existing house plans.

     Regards

442. Hi Pamela, If you look at our page of the regulations “Site Operations” there is a section that deals with this:
     Anyone involved in demolition, excavation and building work has to take care not to “unreasonably disturb or interfere with the amenity of the neighborhood”. Specifically there are times that they may not use any machine, machinery, engine, apparatus, tool or contrivance that is noisy or makes a lot of dust.
     Before 6 am and after 6 pm any day of the week.
     Before 6 am or after 5 pm on a Saturday.
     On Sundays or public holidays.

443. I live in a complex and would like too know if building can take place on weekends.
     Thanks
     Pamela

444. Tracy this kind of thing happens all the time and unfortunately unless you check when you buy, you might only find out when you sell – which is what has happened to you it seems. Someone else has just asked the same question, though he is the purchaser and the sellers are refusing to oblige. If the purchaser of your property has already taken ownership and you were not aware of this situation when you sold, then I don’t see how they can hold you liable. However they might chose to involve a lawyer … though I think they would have to prove that you knew the plans had not been updated. My guess is that having “as built” plans drawn and approved would be cheaper than going for litigation (for the new owners). At the end of the day there is no law that I am aware of that says you have to provide approved plans when you sell a house – though it’s illegal to build without approved plans. Often it is the bank that discovers there are no plans – when a purchaser applies for a bond.

445. Hi Penny,

     I want to build a 9m x 3m Precast Concrete(Vibracrete) “Granny Flat”, is there specific regulations one has to adhere for the structure and the use of it? SANS Regs aren’t really showing anything about it or I might have missed it.

     Thanking you in advance

     Warren

446. Joann we are not builders. You will need to find someone in the industry who builds the kind of structure you require. Just make sure you get recommendations, e.g. word of mouth – from previous clients.

447. Hi. I recently sold a property and discovered that the previous owners did alterations but never updated the plans or sought council approval. The new owners are asking for updated plans. Am I liable for this?

448. Hi Penny
     Thank you for the response I appreciate it
     Jannie

449. Kevin my educated guess is that it is the title deed that matters and to get a waiver you will need council permission and probably also the consent of neighbours. You can download a copy of the City of Cape Town’s relatively new zoning bylaws HERE – there may be additional info in this document that will be of assistance to you. There is information in this about building lines. I’m sorry I can’t be more helpful.

450. If the roof is going to convert the area into a livable room then yes you will – presuming you mean a solid roof with rafters, beams and a solid covering on top.

451. So the question is whether the builder should be reducing his quotation? That is really a question of ethics. The more important question is whether the concrete foundation that already exists is adequate for the new wall. This will be in terms of both the size of the foundation – width and depth – and what mix was used for the concrete. That you probably won’t know, but an expert will be able to gauge.

452. Henry, Part K of SANS 10400 Walls contains structural information and requirements for freestanding walls (which would include boundary walls). I have written quite a lot about walls on this website if you search for boundary walls you will find more info.
     Foundations for boundary walls can extend to the next property but they must be underground.

453. The planning department of your local authority or town/city council. If the contractor is not registered you can report this person to the NHBRC via their fraud line as well.

454. Arend there is nothing to stop you having a single brick (or single leaf) external wall providing it complies with the NBR. All these requirements are detailed in Part K of the regulations and would be detailed on the approved plans.

455. Arend by putting earth against the wall they are basically making it a retaining wall and apart from anything else – all retaining walls are required by law to have plans. You need to put in a formal objection with the council. Chances are that the planning department and the roads authority have not communicated on this issue. I can contact one of the town planners in Somerset West, but will need to know details regarding where this is. Please send more detailed info via a Contact Us email. Thanks. Also provide a cell number as it might be a good idea for us to take pictures of what has been done – since we live close by.

456. I am buying a house in Gordon’s Bay. At the rear of the house about 5 meters away, the Owners of the complex erected a 2 meter high vibracrete wall. Since then the municipality in constructing a dual freeway on the other side of the vibracrete wall, has raised the ground level about 1 meter now putting pressure on the vibracrete wall. Surely this is not allowed as the vibracrete wall is not a retaining wall and could fall over injuring or killing children playing in the backyard?

457. Hi Penny
     Is it permissible to build a house with outside walls of 170mm, single brick wall? I have signed a deal in Gordons Bay and discovered this now. Transfer is on 1 September.

458. grannyflat
     I wold like to bild a grannyfat 4.5 by10 meters wold like to have a quote

459. Hi There,

     We live in Pinelands and are wanting to do some additions to our home, specifically a double garage and a home office. Both of these would be built directly off the house and would not be separate structures. The original title deed, which was set up by Garden Cities in 1962, has a building line restriction of 4.5m from the road boundary and 1.5m from the lateral boundary. Unfortunately without moving one or the other of these lines, we are not able to get a usable space for either the cars or the office.

     I have heard that the entity that imposed the restrictions originally has the power to override them. Is this true? Also, if this is the case, then what are the regulations set out by the City of Cape Town and can the original entity override these as well? I have read that some places have a 1m building line all round and other places that have 6m building lines. Without going into council, which is in complete chaos normally, how do I find out.

     I know that we do not fall into the heritage zone of Pinelands and I have seen a number other buildings in the area that have been built closer than 4.5m to the road.

     Your assistance would be greatly appreciated.

     Thanks

460. Hi, I have a walled courtyard and would like to have a roof erected. Would I need plans drawn and submitted to the local authority for this?

     Thank you kindly

461. Jannie
     E-mail jannie.lr@gmail.com
     I just wand to know who is benefiting if a builder quote on a projact 1 meter wall and he find that there is a concrete foundation after he open up

462. Hi – where can i report a residential property that was built (extended) without a registrered contractor and that is not built according to building standards – including the drainage and electricity infrastructure

463. Hi Penny

     Do you know where I can get the documented National Builers Regulation Act specifically about (Boundary Walls) where it states information regarding the ownership, shared or not, height, foundation ect of a wall.

     I am in a situation where I purchased a stand and the wall behind me have a foundation that stretches up to 70cm in my property. The wall was erected around 6 months prior to me byuing the stand and started to build.

     The foundation also stands out about 25cm above ground.

     Information I read on the site states that the foundation cannot extend over the property boundary if there were no prior arrangement.

     Your assistance will be appreciated.

     Thank you

464. Hi Penny, I have the same problem as Renee. Our neighbour is building another storey over his whole house. From what I can see, he plans to have big windows overlooking our pool, kitchen and courtyard, all of which used to be private. He did not inform us of his plans and when I got back from holiday I see that the walls are already up. How do I go about lodging an objection? Thanks!

465. Hi Penny
     If you quote on a project for extending and when you open up and there is a foundation who benefits the contractor or the owner

466. This sounds very dodgy. Adding corrugated sheeting to tiles is not going to solve that problem. The tiles would need to be removed and replaced with sheeting – or removed and the roofing redone to get the pitch right and then retile it. If the body corp claims the municipality has requested this (which I doubt) ask for proof in writing and also contact the municipality and get their take on the situation. Good luck. Let me know what happens.

467. Arend, in Cape Town you can build on the boundary without neighbours’ consent – but everywhere in SA you need plans that rely on council approval to do so. A single brick wall is not necessarily a problem.

468. Terence, contact the NHBRC. Apart from anything else this is totally unprofessional and should be brought to the attention of the NHBRC. I’d be interested to know what their response is as an article about their so-called service is long overdue. So let me know what happens.

469. Mike, if the leak is inside your property then it’s your problem. But like blockages this isn’t always clear. If you aren’t certain, call in the council – they’ll be able to identify the leak and/or tell you that it is either their problems or theirs. BTW we had a blockage recently and were convinced it was on the property – but it turned out to be a council problem.

470. Amy you will need to have plans if new plumbing – specifically drains and gullies etc – are required. You will also need to employ a qualified plumber to do the work. The new location of the kitchen will also have to be shown on the plans. You could then ask whoever draws up the plans to mark the position of the window “as built”. It really isn’t a major. Generally the local authority isn’t likely to expect you to submit plans when making doors into windows and vice versa, but you should probably check with them just in case. Knocking through a wall (as long as it isn’t load bearing) is also not a problem; but again, if you’re having plans drawn up anyway, you could mark the opening “as built”.

471. Ryan, the issue here is compliance with the National Building Regulations. However, Part D, Site operations requires the local authority to determine the requirements e.g. “In cases where danger or serious inconvenience to the public may ensue from the demolition or erection of a building on any site, the local authority may require that the owner of such site, before such work is commenced, shall erect a fence, hoarding or barricade to prevent the public from entering such site and to protect them from the activities on such site.” It doesn’t say specifically around the construction site. The fact that the hole dug is outside of where they are building doesn’t mean it can remain unprotected.
     “Such fence, hoarding or barricade shall for as long as is necessary be retained and maintained by such owner in a safe condition, and any access to such site, and the means thereof, shall be subject to approval.
     “No part of such fence, hoarding or barricade shall be removed without the permission, in writing, of the local authority until the work has been completed.”
     So I suggest you contact the local authority and draw their attention to the situation – preferably in writing.

472. You definitely need the building inspector to approve foundations – in fact they need to approve the trenches before the concrete is placed; then the building inspector does another inspection when you reach roof height; and then the final inspection. Usually the sewerage etc is, I think, done at final inspection.

473. You need approved plans to be able to build, and these should be drawn up by a competent person. The local authority zoning by-laws will usually determine whether you need neighbours’ consent. They may put in an objection, but if there is no validity to their objection this should not affect your building plan.

474. Antoinette, the Building Regulations state that you need an agrément certificate for buildings that don’t fit the norm. Part A of SANS 10400 states than an agrément certificate “confirms fitness-for-purpose of a non-standardized product, material or component or the acceptability of the related non-standardized design and the conditions pertaining thereto (or both) issued by the Board of Agrément South Africa.” I am just not sure of the current status of the Board of Agrément.
     Usually housing estates have strict guidelines in terms of what you may and may not build, so you need to check this before buying into an estate.

475. Not necessarily Terry. It would though make the building operation easier to have access to water and electricity. Portable toilets take care of the sewerage issue – and building contractors often use generators for power. They won’t get an occupation certificate from council until the essential services are provided.

476. Franko this is really just an educated guess on my part! The City will say it isn’t their responsibility, even if they have lost the plans – I’m pretty sure of that. It isn’t the agent’s responsibility to have new plans drawn up. If the seller (current owner) advised the buyer then I believe it is the buyer’s responsibility. If the seller can’t prove this, then the seller may be held responsible by the buyer. If this was put in writing then the seller can prove this information was supplied. If not, the agent will need to sign an affidavit to say that he/she told the buyer. If an agreement cannot be reached, this could lead to the cancellation of the sale.
     Another thought: since the house is in a complex, there are probably other houses that are exactly the same. So it may be possible to duplicate an existing plan but supply a new site plan. You would need to find out if the City will allow this. Since it appears that they have lost the plans, it may be a good compromise.

477. Shireen I would contact the local authority and ask them to send a building inspector to inspect the building. I don’t know of any regulation that makes it illegal to force staff to work between buildings though. The local authority should be able to advise.

478. We had some major renovations done to a shop interior by a NHBRC builder. After struggling to get him to finish off to acceptable standard, he has now made a decision to withdraw from completing the minor work at the expense of an amount of R4000 which we owe him. Is it in the scope of the NHBRC to deal with non-structural things like not fitting door thresholds strips when tiling the floor, seriously damaging a carpet by painting without a groundsheet and not redoing some really shoddy paintwork?

479. Hi There,
     I have a couple of questions and wonder if you can help!

     1. We are hoping to change the position of the kitchen in a house we have recently bought. Please can you tell me if we need planning permission to change a window into a door or door into a window?

     2. Will we be allowed to knock through an internal wall without planning permission, providing it is not a support wall?

     3. If a window in the house is not being shown on the plans that we have received, do we need to insist the seller gets new plans drawn up to show this window?

     4. I see a comment about drainage above and I wonder, if we move the position of the kitchen will we need new planning for drainage?

     Thanks in advance!
     Amy

480. I have just bought a 3 bedroom house. I discovered that the 3rd bedroom was illegally built(no approved plans for it. The room was added to the back of the garage and is most probably on the border of the plot (is this legal?) and was built with a single brick wall; the room is an outside wall. Is it legal to build a single layer brick wall as an outside wall?
     Thanks

481. the sewer pipe is running inside my property and now its got a leak who is responsible to sort out the leak .(MAIN PIPE) Is it me or the council .please advise

482. Hi there

     I require some advice please. My building contractor had a 120 days (excl Sundays and Public holidays as per contract) to complete and handover my home. Trenches were dug on 8 Nov 2013. To date they have failed to finish and handover my home. Despite several assurances, the contractor has again failed to deliver on dates agreed with me and continues to extend handover date. No formal extension has ever been requested. From my side, this has caused me to incur costs amounting to thousands of rands.
     Section 4.4 of our contract says:
     “If the commencement or completion of Works is delayed for any cause whatsoever beyond the contractors control, or if any building industry holidays whether statutory or recognised generally as customary in the industry fall within the contract period, then the contractor shall be entitled to a fair and responsible extension of time for the completion of works and the Client shall not for that reason have any claim against the contractor for damages or otherwise.”
     Furthermore, the contractor had at one stage abandoned works, provided shoddy service, substandard workmanship and broken promises. I have written several complaints urging them to fix the issues and not getting any joy. Today I had to seek the services of a building inspector to do a full inspection and report before handover which has cost me another few thousand rand. How does one proceed against such a contractor and how can I claim against the costs I am incurring because of this breach of contract? I have notified my bank to withhold final payment due to their failure to adhere to the terms of our contract. The contractor in turn has threatened to take off the roof of the house.

     I am at my wits end with this people.

483. Penny, apologies for replying but I just want to clear it with you before we take this further.
     According to our body corp this request was made by die Municipality. They say that the original building plans did not have the patio roofs, 16 years ago and the patio roofs are not at the right angle this is why the corrugated sheeting needs to be added. I mean really??? The corrugated sheeting will lift the angle by what, max 20mm (wow)

484. Hi

     I live in duplex and the owners of the whole duplex are building more units. There is a construction site which is walled off from the rest of the units. However, outside of the construction area they have a dug a hole (to work on pipes) which is takes up half of the walk way to certain units.The whole is 1.5m deep. They dug the whole more than a month ago and haven’t touched it since. They have placed orange plastic mesh round it, which is basically falling apart.

     My question is: surely this is not safe? There are children who live in the duplex and could hurt themselves if they fall into the hole.

485. Hi, I work in a prefab building which has two levels. There are two buildings and they are now joining them. This construction includes construction of pillars, windows and a roof. We (the admin staff) were told that we cannot work on the top floor and had to move to the ground floor, and this is where all the main building activities are taking place. We walk back and forth from one building to the other quite often all day. Is this allowed? Is it legal for us to continue working in this environment? Hope you can advise.

486. Hi Penny

     A complex was built around 1992 in Lonehill, Sandton and a house within this complex is now sold by the 4th Owner. This Owner never received plans and advised the Purchaser prior to the Sale via the Estate Agent that no plans were in his possession. The Purchaser now demands to have plans prior to transfer although the Conveyancers have tried on numerous occasions to obtain copies from Council at Braamfontein, where it seems these plans are lost. Who is legally responsible for this?
     * the Seller
     * the Buyer
     * the Agent
     * the City of Johannesburg
     * nobody

487. Can our engineer, as the “competent person”, do the foundation and sewer inspections before building or do we need to get the municipal inspector out? Our builder says the engineer can do it and we only need the inspector out for the final inspection to get our Occupancy Certificate. Is this correct?

488. Abiulding site has been constructing multiple blocks of flats without providing essential services, water, sewerage and electricity. Is this legal. Do these have to be supplied prior to erecting the buildings.

     082 456 2935

489. Hi
     I would like to know ,who’s permission I need to build up on my house?
     Eg:neighbours opposite and side.
     Can they oppose without a valid reason?
     Thank you
     Uwais Paulsen

490. Hi
     I am busy investigating the option to build a Shipping Container Home.
     The two biggest challenges I am facing are first of all will the municipality approve the building plans and secondly finding land in an estate that will allow us to build with shipping containers.
     I figured it would be easier to convince estate owners/body corporate if I have approved plans. Is it possible to apply for approval of building plans without having the actual location where the building will be built?

491. Penny, thank you so much for your reply, much appreciated.

492. Madelein, There is no building regulation that requires this. Maybe the body corporate has made a new ruling, but it seems pretty stupid. Corrugated sheeting is an alternative to tiles, not a material that should be used in conjunction with it.

493. Hi there,
     I live in a complex and found out in our annual meeting last Saturday that we need to insert corrugated sheeting under the Harvey tiles of our Patio roof. Is this a new regulation for patio roofs or are they trying there luck. This will obviously been done at at cost of R3500 per unit and trust me it’s small, very small.

494. Dave the new regulations are not retrospective, but if someone was to fall because the balustrades in common areas are inadequate, you certainly could be sued. Whether this action was successful would be up to a court of law to decide – but my guess is they wouldn’t only look at building regs – Public safety issues are covered by other forms of legislation as well. It probably would be a good idea though to notify home owners of the situation and at least allow them to upgrade their own balconies if they wish to be compliant.

495. Not if the opening remains the same. Generally if it affects lintels then yes you do.

496. Hi !

     I need to confirm,

     if I need to replace my room windows with sliding doors do I need plans for this ?

497. I’m a trustee of a 24-year-old complex that was Council approved at the time. However, as with Leon’s complex, the balcony and walkway balustrades suffer Building Reg. non-compliance. In the event of a child falling through an over-wide gap, can trustees be held liable. If so, can they protect themselves with an amendment to the House Rules, notification to owners, or some other means? Modifying balustrades would cost an arm and a leg; not an acceptable option.

498. Leon I’m not sure of the size of your openings because 300 x 250 mm is not a triangle… but it does sound as if the gaps are a lot larger than allowed. If you have a look at the page on stairways you will see that we say the gap should not be more than 100 mm.
     We also address the issue of balustrades in the section on public safety. Note that there must be safe balustrades if there is a drop of more than a metre. There is absolutely no doubt that the design of any barrier for this purpose must minimize the risk of persons falling, rolling, sliding or slipping through gaps in the barrier. Also, the NBR clearly state that these barriers should be designed so that the widest gap in the barrier does not permit a sphere of diameter 100mm to pass through, and that they should allow for deflection under load (which is another issue). Part D (Public Safety) says that all balustrades except for swimming pools and swimming baths shall have a height of not less than 1 metre and shall not have any openings that permit the passage of a 100mm diameter ball. Those for pools must be higher (1.2 m). And the test is whether a solid sphere of 100mm diameter can be pushed through the gaps. NB This does not only apply to railings in public places.
     So basically my understanding is that unless the balcony is lower than 1 m, then they have not complied with very important safety regulations laid down in the National Building Regulations. If I was you I would tell them – in writing – that you will not remove the mesh until they take action to ensure that the balcony railing is safe and in accordance with the NBR. Also state that you refuse to pay their fine should they decide to levy it. If you can afford to pay a lawyer to write the letter for you, then do, because it will carry a lot more weight – or rather they will take it more seriously.

499. Hi there,
     We stay in a complex in Brackenfell for a few months now. After we signed the contract to hire the flat for a longterm of 12 months and already moved in,we realise that the balcony railing is not accordingly to the building regalations.
     We have a son of 3 years old and cannot play on the balcony even with supervision as the balcony is to dangerous for him. The railing is made of 1 inch sqaure tubing with triangle holes in the pattern that is so big that a child will fall easily through it. The triangle dimensions is 300×250 mm and the building rules said it must not bigger than 125mm in diameter.
     We ask the handyman to put on a greenmesh for the safety on the railing,and after he did that for us the bodycorporate said it must be removed immediately as nothing must be fixed on the railing.You cant even see it from the road and from nearby it was not looking bad at all.They are so full of nonsense and even send us a warning letter that we wil be fined with R2000 if we dont remove the mesh.
     I read somewhere on the internet that the dimensions of balcony railing must not exceed 100mm spacing.
     Can you please help us urgendly with this matter and it wil be appreciated.

     Thank you
     Leon Pitout

500. Mpumzi I suggest you contact the local authority and check their requirement.

501. To be able to build a garage you need plans drawn up by a competent person and approved by the local authority. The drain will need to be indicated on the plan and it will be up to the council to decide if this is acceptable. As long as it is encased in concrete, it shouldn’t be a problem. You might though contact the local authority before you get plans drawn.

502. Thanks Penny.

     I looked at the document, but its a too much for me to read all of it. I guess the best thing for me would be to enquire at the municipality for a draughtsperson and they could suggest a if i need a structural engineer.

503. iwish to extend my house but there is a sewer pipe that runs from my house toilet to sewer drain and it crosses to the portion where i wish to build a garage to, what do i do? Can build over it?

504. Ed you have the right to do this, but you might find yourself in the middle of a legal dispute. You should give the builder a chance to rectify the work – but you will need to put him to terms in writing. The next step would be to go to arbitration and to get an independent person (ideally a qualified arbitrator with building knowledge) to come in and sort of what should be done/paid etc. This can be a costly exercise, but not as costly as getting lawyers involved.

505. Lynne an owner builder needs to get a formal exemption from the NHBRC. You don’t have to register with them and you don’t have to pay for the exemption. You will though need to go into their offices and fill in all the required forms including proof of ownership of the property.

506. Sean please read the article about competent persons on our sister website Owner Building. A competent person must be qualified. You are legally obliged to submit plans drawn up by a competent person – and as you will see from the link, that person can be a draughtsperson. In some instances a structural engineer may be required, depending on the building. There are a number of forms set out in Part A of SANS 10400, General principles and requirements that give additional guidance. YOu can access these at an SABS library, buy Part A from the SABS online store, or ask your local authority if they can supply you with the necessary forms and guidance.

507. I built my own home (a 70m2 A frame with wood floor) 8 years ago in a rural area. A neighbour has now contacted the municipality and asked them to make me supply building plans. I am obviously a competent person as i have built the house myself.

     What are my legal requirements? Do i have to submit plans? and if so, can i just get a draughtsperson to draw plans or do i need a structural engineer to check my structure out?

     Thanks

508. Does an owner builder need to register with NHBRC for building an approved plan cottage on the house site?

509. What right do you have to withold payment if you feel that the work has been done by the builder is substandard.

510. Ask to see the approved plans. If the conversion was done without plans it is illegal.

511. Hi, I’m going to a second viewing on a property that has a converted garage space. It is a double garage, with a window in place of one garage door, and a stud wall covering the remaining garage door. As a buyer, what do I need to be aware of in terms of making sure this conversion was done correctly and whether it can be used as living space? Thanks.

512. Thank you very much for the information!

513. Mike to build with containers you need an Agrément certificate that confirms fitness-for-purpose of a non-standardized product, material or component or the acceptability of the related non-standardized design and the conditions pertaining thereto (or both) issued by the Board of Agrément South Africa – which is a body that operates under the delegation of authority of the Minister of Public Works. There have been some changes to the Board, so I am not certain how this works.
     However, you do still need plans to be drawn up by a competent person (which would be a draughtsperson, architect of engineer). Everything about the building needs to be done in accordance with SANS – which essentially makes it SABS approved – apart from what isn’t standardized. If you are going to owner build – i.e. not use an NHBRC-registered builder – you will need to apply to the NHBRC for an exemption. This doesn’t cost anything but you will have to prove that you own the land and will have to fill in forms I think at their offices.

514. Hi there

     I am wanting to buy a plot, and build a home out of shipping containers. What is the legislation regarding this construction method? I read a previous post, where it was suggested that the plans need to be approved by an architect/structural engineer, and then the structure needs to be SABS approved. I can’t seem to find much information on the web about the planning and procurement of such a building. I would like to buy the land and build the home with cash, instead of applying for a loan, with the obvious need for NHBRC being hard to attain seeing as not many people build with containers. Thanks in advance,
     Mike

515. Thanx Penny

516. Winston you won’t find those kinds of instructions in the building regulations.

517. Hi There,

     I want to know where one can find building regulations on the building of a concrete safe?

518. Thanks so much penny.

519. What is the required clearance between the house and the sewer line?
     I need to make a concrete skirting around the house without encrouching on the sewer line, the pipes of which have yet to be layed.

520. The Act states that all rooms must “be provided with a means of lighting and ventilation which will enable such room to be used, without detriment to health or safety or causing any nuisance, for the purpose for which it is designed.”
     Part O of SANS 10400, Lighting and Ventilation specifies “air requirements for different types of occupancies”. In dwelling units, the minimum outside air supply required per person with required minimum air changes per hour = 10 air changes per hour and 50 litres per person.
     “4.3.2.11 A room or space which is required to be artificially ventilated and is used for an occupancy given in column 1 of table 2 [this includes domestic kitchens] shall be supplied with outside air at a rate not less than the greater rate given in columns 2 and 3 of table 2 [which are the volumes I have given above], provided that…
     “d) in the case of a kitchen, or a room containing a bath, shower, toilet pan or urinal in a dwelling unit or private dwelling house or any such room serving a bedroom, infiltration air from adjacent rooms may be used instead of outside air and the system shall be capable of supplying the required quantity of air under conditions of intermittent use;”
     So as I read the SANS, if there is sufficient air to meet the requirements from an adjacent room, then it would be legal. But to me it sounds like a very big IF!

521. HI there guys. I just wanted to find out is it legal for a kitchen to have no windows or no vent system?

522. Carlo you have heard wrong – ALL houses need approved plans whether they are built in a city or a rural area.

523. You are going to need a competent person to draw your plans, and that person will be able to give you this information. But basically it will be when you dig your trenches for the foundations; drains; completion … but check with the local authority.

524. Hi There ,
     Please could help me with some information i require.Please could you explain the different stages that a building inspector is required to inspect a building .for example is i will build an house from scratch.

     Many thanks

525. Hallo, i want to find out, we stay on a farm in Pretoria. According to what i have heard before, one can build homes without approval on a farm. I want to build a extra home to rent out.

     C

526. The times are all on this page Yvette. Scroll down to Control of Unreasonable Noise. They are allowed to work on Saturdays but not Sundays. This is according to the National Building Regulations. There may be additional bylaws – you will have to contact your local authority to find this out.

527. Hi Llewellyn, Verskoon my dat die antwoord in engels is. All new houses have to be registered with the NHBRC by law. You can register with them to be an “owner builder” without any problem, the only restriction with this is that you are not allowed to sell the house within five years of registration. You must also work through the municipality as they are the ones that must check your building progress and give final approval and the occupation certificate. Most municipalities will give you a year to start building after plans have been approved, you do not say how long ago your plans went through. You must call the municipality after you have dug the foundation trenches and before you place the concrete so they can approve them. This is the first step then you will have to call them for the roof and for final approval. This excludes the plumbing and electrics that must also be approved during the building but the inspector will tell you when.

528. Hi, what are the municipal bylaws pertaining to builders working on weekends in a residential area? Builders next door working Sat and Sun from 8am to 4pm. Not happy with the noise and large crew who invade our privacy.
     Yvette, KZN

529. Kim windows are included in buildings for ventilation. If they are permanently closed and cannot be opened, then they are not fulfilling the function for which they were intended. Windows are not only installed for smoke control! Short answer: No!

530. Hi, I have a question surrounding windows based at ground level in a three storey building. Are these windows allowed to be pop-riveted closed (security reasons) or do they have to be able to be opened for purpose of Smoke control in a fire hazard?

531. Report the developer to the NHBRC. If he is not registered then he is building fraudulently. If he is registered then you should be covered by the NHBRC. Otherwise you will need an attorney – it shouldn’t cost you more than a few hundred rand to write a letter of demand. Also report him on Hellopeter to warn other people.

532. Cheyne the original quotation and/or contract that you agreed to is the only document that is valid – unless there is a clause in it that says you may/will be liable for increased costs – i.e. subject to escalation. If the work that was done was not according to the original quote, then they have the right to charge you for additional work, but this should have been agreed to in advance.

533. I bought a sectional title townhouse from a Developer and identified 2 defects and raised them before registration even took place. They told me to wait for the registration and the 7 days period to compile a list of any defects. When that time came, the developer went AWOL. As i became more frustrated and desperate, i threaten legal action and all of a sudden he responded. I asked him to fix the defects and said that he will not do it, and he will await my attorney’s letter. Please help

534. I know this is completely off topic, but i don’t know where else to turn. i recently preformed a minor alteration to my flat, after the debt was settled and the construction company signed this off, they provided me with a another quote. the quote was then followed by an invoice, and demands of payment. can i be invoiced for a quote that i have never seen n nor agreed to, especially after i have paid more than the initial quotation already. another thing i wanted to know about is if they can change the price on said quote as it has fluctuated with regards to costings as well as the work that was done. What do you recommend that i do?

     Kind Regards

     Cheyne Bodington

535. Mercy, For starters you will need a competent person to draw the plans for you. Then you will need to find a reputable builder who is registered with the NHBRC to build the house for you. I have given you a couple of links to read more. My book Owner Building in South Africa will help you get around the entire process. You can order it from Kalahari.

536. hi. I am having two options, either to buy an existing house or build our own. I am more interested in building our own as I will have control over the overall layout. but when it comes to the building process, I am completely clueless. I would like to know what I need to do with regards to all compliance and authorisations. I am in the centurion area. you assistance is highly appreciated

537. Hi Rene, No there is usually no time limit on building on a plot of land. In some instances if the plot is part of a development then the developer can add a time limit into the title deed so that his development does not sit around with no houses on. Ask the estate agent to get those details for you. You may not throw foundations without plans being submitted, and the foundation trenches have to be inspected and approved before the concrete goes in. Once plans have been approved then you will have a time limit, this is set by the local authority whose area that the plot falls under.

538. Hi Mzakhe, Yes you will need plans for the containers. The other thing that you will need is “competent person”, for example an architect, to draw up the plans to submit to the council he will then need the SABS approval for the containers to be used as a dwelling. As far as the number that you are allowed will depend on the by-laws of the city of Tshwane and the density allowed on your piece of land. You should give them a call and ask.

539. I have a house in Centurion, City of Tshwane. I intend constructing a cottage made up of shipping container. What is the building regulation governing portable homes within residential properties?what is the maximum number of these portable cottages can I have in the property? Do I need permission from the municipality?

     Regards

     M Mtshweni

540. Hi there

     I am interested in buying a vacant stand but cannot afford to build on it a this stage, probably only in a few years’ time. What are the regulations regarding a vacant stand in this situation? Besides keeping the plot neat are there any penalties to be paid should one not build within a certain period? If I build a foundation does this constitute a building?

     Thanks.

541. Stehanus you presume wrong I am afraid. There is one set of building regulations, although as pointed out in the introduction to Part 1 of the NBR, General principles and requirements:
     “A new category of buildings (category 1 buildings) has been introduced in certain classes of buildings that have a floor area not exceeding 80 m2 to make buildings affordable to poorer communities. The revised SANS 10400 allows choices to be made in the performance requirements of certain attributes for buildings falling within this category. Such buildings have comparable safety standards with buildings not so categorized, but may, depending upon the choices exercised in respect of particular attributes, have different resistances to rain penetration, deflection limits, maintenance requirements, lower levels of natural lighting, etc. It should, however, be stressed that choices exercised in respect of these buildings relate only to the performance of some of the attributes of such buildings. The nature of developments is determined by environmental and town planning processes which are independent of such choices. This should be kept in mind by any local authority when assessing a building in terms of these revised functional regulations.”
     There is reference to Category 1 buildings throughout the regulations. However each part of the regulations is published in a separate document. These are available as SABS libraries.

542. It certainly looks like it Niki.
     4.5.2 Rain penetration
     “4.5.2.1 The resistance of external walls to rain penetration shall either be in accordance with table 31 when tested in accordance with the requirements of annex C, or in accordance with the requirements of one of the following:
     a) buildings other than category 1 buildings:
     1) single-leaf, hollow unit, shell-bedded masonry walls that have a thickness of 140 mm or greater;
     2) single-leaf, solidly bed-jointed masonry walls that have a thickness of 140 mm or greater plastered in accordance with the requirements of SANS 2001-EM1;
     3) collar-jointed, solid unit, solidly bed-jointed masonry walls that have a thickness of 190 mm;
     4) a masonry wall of cavity construction;
     5) a timber-framed wall built in accordance with SANS 10082; or
     6) a wall coated with a coating that is the subject of an Agrément certificate;
     b) category 1 buildings which have no overhangs or an overhang that does not comply with the requirements of figure C.1:
     1) masonry walls of thickness 140 mm or greater;
     2) walls of thickness 90 mm or greater plastered in accordance with the requirements of SANS 2001-EM1;
     3) a precast concrete wall that has a nominal thickness not less than 40 mm, provided that any joints in such wall are sealed; or
     4) a wall coated with a coating that is the subject of an Agrément certificate; or
     c) category 1 buildings which have overhangs in accordance with figure C.1:
     1) masonry walls of thickness 90 mm or greater; or
     2) a wall coated with a coating that is the subject of an Agrément certificate.”

543. Hi Penny,
     I have submitted a deviation drawing where the approved drawing of the outbuilding (servants quarters and garage, about 20 years ago) was one long building with 110mm (4.5″) external walls with 220mm (9″) piers. When the previous owners sold the property approved drawings had to be provided which is where I came in. Due to the slope of the property the original builder built the servant’s quarters below with 330mm retaining walls and the rest of the external brickwork at 220mm (9″). The garage moved to the top but was built with 110mm (4.5″) external and 220mm (9″) piers. That was one of the few deviations from the original plan. I have been told that an external wall cannot be 110mm thick, the minimum is 140mm due to water penetration as per SANS10400:K. Is this correct in this instance?
     Thanks in advance,
     Niki Banwell

544. Hi,

     My son is in grade 7 and he needs to do an expo project. He decided on the topic, “The best/strongest but cheapest way to build a house”. I convinced him that the topic he selected is very wide and complex and that he should rather concentrate on “low cost housing” for South Africa. He is very keen on this project and we need to start at understanding what the regulations states. Therefor this request – can you please help with a copy of the building regulations for “low cost housing”. I asume this is very different from the normal middle class house.

     Thanking you in advance.

     Fanus

545. Hannes, Table 8 does indeed address this. Where the “maximum difference in ground levels, h (see figure 9)” – which indicates the distance from ground level [which is a little above the foundation] and the bottom of the concrete slab – the nominal wall thickness = 330 mm and the wall type = collar-jointed.
     I assume that the second requirement still stands, though the council may require engineer’s drawings.

546. Hi Penny
     Thank you very much for your quick response to my e-mail.
     I am interested in the requirements for a foundation wall where the level difference between the external ground level and the internal floor level is 1,2 meter. Is that addressed in table 8.

     Also is it still required that foundations must be taken down to firm natural ground with the proviso that it may be cast in filled up ground on condition that approved measures have been taken to ensure the stability and serviceability of the structure

     Regards
     Hannes

547. Hannes the changes to the NBR are substantial. You cannot work on the 1990 edition.
     There is no GG 22 – so I presume you mean GG 2.2. However, while Part G in the 1990 version was two lines over one page, the new part is 13 pages long (four of which replace the deemed-to-satisfy rules). This covers temporary and permanent excavations and there are several drawings that illustrate what needs to be done. I will try and add this information sometime soon – alternatively you should visit an SABS library or buy a copy of that part of the SANS.
     As far as Part K is concerned:
     4.2.2 Masonry walling in single-storey and double-storey buildings
     “4.2.2.5 Walls supporting either concrete floors or roofs shall have a thickness of not less than 90 mm in cavity wall construction and 140 mm in single-leaf and collar-jointed wall construction and contain no openings wider than 2,5 m.
     4.2.2.6 The height of fill retained by foundation walls shall not exceed the values given in table 8. 4.2.2.7 Foundation walls shall be of a thickness not less than the wall they support. The cores in
     hollow units and cavities in cavity walls shall be filled with grade 10 infill concrete.”
     And then there are the Tabls.
     Part P – PP16 SIZING OF DISCHARGE PIPES (1990)
     “4.14 Sizing of discharge pipes
     4.14.1 The following requirements shall apply with regard to the sizing of a discharge pipe:
     a) the internal diameter of a discharge pipe shall not be less than the internal diameter of any pipe or outlet of the sanitary fixture which discharges into it, provided that where the internal diameter of any horizontal pipe in an offset is more than that of the discharge stack which discharges into it, the internal diameter of the stack downstream of the offset may be less than that of the horizontal pipe;
     b) the internal diameter of a soil pipe, other than a soil pipe from a urinal, shall be not less than 100 mm;
     c) the internal diameter of any waste pipe shall be not less than 32 mm if it serves a washbasin, bidet or drinking fountain, and not less than 40 mm if such pipe serves any other waste fixture;
     d) in the single-stack system, the internal diameter of a waste pipe shall be not less than 40 mm; and
     e) the hydraulic load carried by any discharge pipe which has a nominal diameter given in column 1 of table 13 shall not exceed the number of fixture units given in columns 2, 3 or 4, as the case might be, provided that where a horizontal pipe to which a discharge stack is connected is larger than such stack, any bend connecting the horizontal pipe to the stack shall have a nominal diameter equal to that of the horizontal pipe.
     4.14.2 For the purposes of tables 13 and 14, a waste pipe which has a diameter of 100 mm or greater and a soil pipe shall, subject to the requirements contained in 4.16.3, be deemed to be a drain from that point downstream of which the gradient of such pipe or of any drain to which it is connected does not again exceed 45° below the horizontal, except where the pipe drain is connected to a connecting sewer.
     4.14.3 Where the diameter of a horizontal pipe at the base of a discharge stack is more than that of the drain to which it discharges, the horizontal pipe shall have a length of not less than 2,5 m, measured from the centre line of the discharge stack, before it is reduced in diameter and connected to the drain.
     NOTE Figure 10 shows the parts of a drainage system.”
     I hope that helps!

548. Hi Penny
     I notice that you refer often to the 2008 revised edition of the NBR.
     Unfortunately I never had the opportunity to read this revision.
     I am interested to know if there were material changes to the 1990 edition espcialy with regards to;

     Regulation GG 22 which determines the requirements for placing of foundations

     Regulation KK 9 which determines the requirements for foundation walls and more with regards to the requirements set out in table 6.

     Regulation PP 16 which determines the sizes of waste pipes.

     Regards

549. Emke, SANS 10400, Part XA Energy usage in buildings only deals with insulation of hot water pipes, floors (where there is underfloor heating) and roofs. The standard you need to refer to is not part of the building regulations as such, SANS 204 (2011): Energy efficiency in buildings.
     Some extracts:
     Under Thermal Insulation – Reflective insulation shall be installed and supported with the reflective insulation tightly fitted and taped against any penetration, door or window opening – with each adjoining sheet of roll membrane being
     1) overlapped by not less than 100 mm, or
     2) taped together.
     Under Building Sealing – Building envelope – Roofs, external walls, and floors that form the building envelope and any opening such as windows and doors in the external fabric shall be constructed to minimize air leakage. The building sealing can be done by methods such as caulking, or adding skirting, architraves or cornices.
     Then there is the whole issue of fenestration. “Fenestration refers to the arrangement, proportioning, and design of windows and doors in a building. The energy efficiency of the building envelope is greatly impacted by the fenestration systems. Windows strongly influence the use of the building and the productivity and comfort of its occupants.”
     I hope that helps. You can get a copy of this part of SANS 10400 from the SABS – you can buy it from their online store or from one of their offices. Alternatively if you go to an SABS library you can read it there.

550. Vyani, By law all building contractors/developers must be registered with the NHBRC and all homes must be enrolled with them. Check whether this company is registered – if not get hold of the NHBRC fraud division and report the builder – or possibly first inform the builder that this is what you are going to do if he does not immediately rectify the problems.
     The NHBRC deals with three types of complaints:
     1. Three month non-compliance period
     Complaints relating to minor structural defect identified within three months of occupation of the home.
     2. One year roof leak period
     Complaints relating to roof leaks identified within one year of occupation of the home.
     3. Five-year major structural defects period
     Complaints relating to major structural defect identified within five years of occupation of the home.
     Presuming he is operating legally, and is therefore registered with the NHBRC, they will be able to help you. If he isn’t he is operating illegally and should be criminally charged.

551. By paying in full you have put yourself at risk even though you have every right to demand that he comes back and completes the job. I have done a search for the builder on the NHBRC website and there is not a company of that name. Contact them and check because if he is not registered with them he is building fraudulently. Further, I have checked on the Cipro site and nothing by that name comes up either. If indeed he is pretending to be a Pty Ltd company and isn’t then this too is fraud. Make sure you have the name spelt correctly and check both these yourself. The NHBRC has a fraud line where you can report him if he isn’t registered. NB It is against the law to do any building work as a contractor if you are not registered with the NHBRC. You can also go to a lawyer and issue summons against him.

552. Ek wil graag net uit vind ,Ek en my seun wat by n bou kontrakteur werk wil my eie 2slaapkamer huis bou met my eie geld.Ek is nie n bouer van beroep nie.Moet ek registreur en moet ek deur die NHBRC werk of deur my munisipaliteit werk ,Planne is goed gekeur.
     Baie Dankie.

553. Estelle, to be honest, I have no idea. I am sorry I can’t be more helpful.

554. Gavin you need to go to your local authority i.e. council or municipality.

555. Wilro it is legal, but you will need an agrément certificate that details how you will use the containers. Agrément certificates are covered in Part A of SANS 10400 and are defined as a “certificate that confirms fitness-for-purpose of a non-standardized product, material or component or the acceptability of the related non-standardized design and the conditions pertaining thereto (or both) issued by the Board of Agrément South Africa” You will, of course, also need plans that adhere to the NBR.

556. Josh, Absolutely yes. This link will explain what temporary structures are and why you need permission – and a time-frame – for them. Whether you use a container for an office or part of a house, or anything else, you will need plans (as for any other structure) and you will also need an agrément certificate that details how you will use it. Agrément certificates are covered in Part A of SANS 10400 and are defined as a “certificate that confirms fitness-for-purpose of a non-standardized product, material or component or the acceptability of the related non-standardized design and the conditions pertaining thereto (or both) issued by the Board of Agrément South Africa”

557. Shiraz, Firstly if you are saving them a lot of money, you have every right to ask for payment if you decide to allow this. If the conduit is underground, and a good quality pipe is used, they shouldn’t ever need to dig it up, but you should then, in a written agreement, state that if it does at any stage need to be accessed, they will cover ALL costs and make good any damage to your property. My question is – if they can run it along your side of the wall, why can’t they run it against their side of the wall? The last thing is that if you do allow this to happen, you would need to inform any future purchaser of you property about the situation and it might affect the sale.

558. The National Building Regulations – covered in detail on this website – are law throughout the country. In addition there are bylaws that every local authority (council/municipality) has in place. Part A of the NBR specifies “Occupancy or Building Classifications” that are classes for different types of buildings. Required differences are specified according to these classes, throughout the NBR. I think that a day care centre would fall under “Places of instruction” A3. As an example (as you can see from the link I have given you above), when it comes to design population, a building classified A3 requires 5 square metres for each person who will use it. We haven’t referenced all instances of the use of building classifications by any means, but you might want to do a search through the site to see where A3 has been used. You can also look at our sister web site, Owner Building. Ask your local authority for the bylaws that relate to day care.

559. Hi
     As part of a school project I have to design a modern day-care centre for children ages 2-5years old except I cant find an information on building regulations as well as day-care regulations for the Northern cape, specifically the Kuruman and Kathu region. I understand that regulations may be different from region to region so I am looking for information on these specific areas. Are there any specific websites I should look at?

     Michael

560. Hi

     I need some advise.

     Property adjacent to me is a comercial property where they are now putting up a shop.

     the shop owner has approached me they need 3 phase electricity and t has to be taken from the light pole on the other side of my property.

     Accordig to him, it will be a major cost saving if they could run the cable on the inside of my property along the boundary wall and then into the adjacent building that they are constructing (it is against the boundary wall).According to him if they run it outside it has to go all the way around both properties and come in around the back.

     I have asked about future problems as i would like to pave etc and they advvised that it will be run in 50mm PVC conduit planted 400mm underground so they will never need to dig as it can always be threaded through the pipe.

     is this correct? What are the implications to me if i do allow this?

561. Hi,

     Would one require any form of approval from council in order to use shipping containers as office/residential space?

     My understanding is that because the containers are seen as ‘temporary structures’, they surpass any zoning requirements.

     What other legal requirements would one have to go through in order to utilise shipping containers on a property, and where can I find more information on the subject in general?

562. Hello i am interested in building a block of flats out of old shipping containers and would like to know what the laws are regarding that. And if it is legal at all

563. Morning can someone inform me how to go about reporting a council house with illegal structures on it. Also law enforcement dept numbers to report about that structures if the can remove it cause the new law say u must have a permit and plans fire prevention /for illegally erected structures.

564. We recentley hade work done at our home the builder (Steffens Project PTY (LTD) did not finnish the work and made a mess of the roof. We heve contacted him daily and he is not taking our calls. The work has been standing now for two weeks and the contractor was paid in full. What is our rights.

565. Excellent, well done 🙂

566. thank you very much fot the response. I have contacted some people in the know, its a massive saving.

567. Hi Shane, R-Values are tricky to work out, I suggest you contact one of the manufacturers who have the info to hand. ISOVER Tel: +27 (0)12 657-2800 (Think Pink) & Sisalation SA Tel: (011) 234-6841

568. I would like to know weather installing double sided sisolation in a tile roof, would sufficiently reduce the R-Value to replace installing thinkpink? It is quite a saving.

569. Hi Bennie, In South Africa the law says that ANY building work on ANY property in cities, towns, farms or smallholdings must have plans approved by the local council BEFORE any building work starts. The only exception, and this varies from council to council, is “minor building work” you can read more here: https://sans10400.org.za/minor-building-work/

570. I just want to find out do you need building plans for property on small holdings as well?

571. Hi
     Is it correct that in the new regulations, windows need to be insulated, including aluminium? How does one insulate aluminium window frames?

572. To whom it may con

     could you advise me of what should I do! I bought a house in 2010 through a developer and the house was finally finished in august 62012 after failing so many deadlines the developer to complete the house.

     December 2012, I moved in the house, the developer inform me that within three months after moving in, I see any structural defaults in the house, I should immediately informed them and they will rectify whatever seemed to be a problem free of charged but after those three months, that will be the liability of the occupation.

     three months passed everything looks fine, guess what towards six months the house is full of cracks and some certain areas of the roof the water is leaking. I cannot now go back to the developer and tell him that the house is full of structural defects remember three months grace period has elapsed.

     i grew up in one of the western Cape townships and the house we stayed in that was handed over to my parents then by the previous government had never cracks unless we made them deliberate so. I feel robbed and cheated somehow in this situation by the developer(call round m5) and I feel that justice should be done which is the developer should be accountable to come and apologies and fix the structural defects that we see in our investment or house not me. The house does not have two/five years standing and it has some structural defects!

     I would really appreciate if you may provide an advise in this regards as my heart is sadden by this incident.

     kind regards
     Maphasa waterval view estate midrand

573. Thank you Penny

     I see that this process has to be started within 90 days of finding out that a decision has been made. That proposes a problem, as we knew that a building will be erected but only now do we realise the full impact. What influence will that have on this matter?

     Estelle

574. Heres a link that will tell you about The Promotion of Administrative Justice Act (PAJA). It seems to be the best option in a case like yours. There is a process that needs to be followed that is explained in the link.

575. Hi there
     I need some advise please. We have been residing in our house for the past 34 years. A quiet area, in a cul-de-sac. The property next to our property was vacant for a few years after the original house was demolished. Now, in this year, a big building project was started. We now realise that this is a double story building, in total 38 bachelor flats.
     Now our problem: we were never approached to give consent or even notified via a notice on the wall of the property, or in writing. Our privacy is completely invaded as 19 of the dwellings directly look down on our property.
     I did speak to the town planner who told me that the owner does have permission to build this building. How ? Being in a cul-de-sac the thought of extra traffic in this short road is frightening. I do not know if any environmental impact studies were done etc etc
     Please advise me what to do with regards to this huge problem that we are facing.

     Thanks

576. Donovan, Places of instruction are classified A3 in the National Building Regulations.
     Part T, Fire Protection states:
     “4.34 Hose reels
     4.34.1 Hose reels for the purposes of fire fighting shall be installed in any building of two or more storeys in height or in any single-storey building of more than 250 m2 in floor area, at a rate of one hose reel for every 500 m2 or part thereof of floor area in any storey, provided that such hose reels shall not be required in any building classified as H4 or in any dwelling unit in an occupancy classified as H3 where each unit is provided with independent access to ground level.
     4.34.2 Any hose reel installed in such building shall comply with the requirements in SANS 543, shall be installed in accordance with SANS 10105-1 and SANS 10400-W, and shall be maintained in accordance with the requirements in SANS 1475-2.
     4.34.3 Any hose reel so installed shall be positioned to ensure that the end of the hose will reach any point in the area to be protected.
     4.34.4 Any hose reel installed in any building shall bear, in a prominent position on the reel disc facing the user, a certification mark from an accredited certification body.
     4.34.5 Where no water supply is available, two 9 kg or equivalent fire extinguishers that comply with the requirements of 4.37 shall be provided in place of each required hose reel.”
     You also need portable fire extinguishers:
     “4.37 Portable fire extinguishers
     4.37.1 A building that contains an occupancy given in table 11 [which A3 is] shall, for the relevant occupancy and floor area, be provided with portable fire extinguishers in unobstructed positions approved by the local authority.
     4.37.2 A local authority may specify the type of portable fire extinguisher to be provided and may require that a number of fire extinguishers shall be installed in excess of the number indicated in table 11 if, in its opinion, any particular hazards or risks warrant such increase.
     4.37.3 Portable fire extinguishers installed in a building shall comply with the requirements in SANS 1910, and shall be installed, maintained and serviced by competent persons in accordance with SANS 1475-1 and SANS 10105-1.
     4.37.4 Such portable fire extinguishers shall bear a certification mark from an accredited certification body.”
     An A1 building requires one portable extinguisher for every 200 sq m, and the minimum charge required is 9 litres for water or foam, 5 kg for carbon dioxide, and 4.5 kg for dry chemical powder.

577. Puds – definitely illegal! You need to report them as a matter of urgency. You might though have to find another home!

578. The Local By-law’s require that owners or persons in charge of premises or portions thereof may not allow the accumulation of dust in quantities sufficient to create a fire or other threatening danger and must store or dispose of the dust as prescribed in the applicable legislation dealing with the storage and disposal of that specific type of dust.

     Extraction unit should be provided that can handle all the saw dust generated in the factory and that can provide a clean and healthy atmosphere in and around the factory.

     Contact your local Fire department for guidance

579. Jessie you won’t find it by Googling. It depends on local bylaws – usually specified in their zoning regulations or town planning scheme. And even that will depend on certain things e.g. zoning category (you might be in a single residential zone, a general residential zone or even an agricultural, rural and limit us zone). The area that you may build on is also specified in these documents, as is the maximum area along a boundary that you may build – if given permission to do so. I don’t believe it is true to say that there is one standard max area that a granny flat – or second dwelling – is allowed to take.
     As an example, this is what the City of Cape Town’s Zoning Scheme Regulations say about a second dwelling (NB the word “granny flat” is not used in the document and decks are not discussed):
     Single Residential Zones – conventional housing
     “Any new structure or alteration to the property to accommodate an additional
     use right shall be compatible with the residential character of the area, particularly with regard to the streetscape, and shall be capable of reverting to use as part of the dwelling house, second dwelling or outbuilding concerned;”
     “Floor factor: The maximum floor factor is determined in accordance with the area of the land unit as shown in the following ‘Table of floor factor, floor space, height and building lines in Single Residential Zone 1’.
     “Floor space: The maximum floor space, if applicable, to all buildings on a land unit is determined in accordance with the following ‘Table of floor factor, floor space, height and building lines in Single Residential Zone 1’.”
     So the best is to contact your local authority – best go into their offices. Good luck.

580. Thanks Penny. we not actually looking at doing sub divisions or sectional title, we just looking to extend the Granny Flat by either adding a room or going up. we were told by one builder that the max sq meters allowed for a granny flat is 80 sq meters and that we wouldn’t even be allowed to put a deck on it. Im just basically trying to found out what the regulations are around granny flats are etc…. I have googled and phoned and im not having any luck.

581. A qualified and registered plumber should have responsible for the job. Find out who this person was. If the builder did not use a qualified and registered plumber then he has not complied with the law. You could also contact IOPSA, they should be able to give you some guidance.

582. Trayton who has advised you to do this?

583. Yes Jacques there are limits, but these depend on local bylaws and not the National Building Regulations. You will need to contact your local authority (or council) for this information. It varies.

584. Stephen not that I know of. There are some courses that are advertised for XA though. But I really don’t know of any offhand, and wouldn’t recommend because I have no idea how good, bad or indifferent they might be. Maybe we should start running courses!

585. Anne it depends on the zoning requirements – and these are in the local authority bylaws. But it usually has to do with YOUR windows rather than your neighbour’s windows. i.e. There are some bylaws that state you cannot have windows in the facing wall if the building is within a certain distance from the boundary. The fact that your neighbour has windows facing your property is neither here nor there. Call your local authority and check.

586. Have a look at the Aerolite website – there is a video on this page that shows how it is made and installed. Once you have seen this you should recognize the product. I presume that 135 mm means the thickness. I am not sure how thick a single blanket of Aerolite (“think pink”) is, but if you can’t find it on the website give them a call so that you know know how many layers the contractor should be laying.

587. No you are not forced to comply with his demands. As you say it is for the local authority to make demands. Apart from anything else, why do you need your neighbour’s consent? I would write a letter back to the attorney saying that you have no intention of demolishing anything and are in the process of having plans passed by council. Also put in writing that the hens and roosters are a public nuisance and if your neighbour continues to harass you, you will have no alternative but to take legal action against him.
     Lawyers hate it when people don’t get a lawyer to respond! But make sure you cover your back by getting plans into council asap.

588. If you are against it Deon – then don’t sign approval. Sounds like it would affect your long-term investment. Contact the municipality and see what is really happening. They will also be able to tell you what the due process is. Do not be bullied…

589. Hendri this is not a National Building Regulations issue. Perhaps you could contact the SABS and ask them if there is a standard that covers this. Alternatively it may be covered by a local by-law

590. Bradley it could vary. In terms of the definition of a pergola, I think it is more the construction method that matters. e.g. If you are to build brick pillars they would probably need plans, but if you used gum poles they wouldn’t. Our page on minor building work gives the official sizes as defined in the regulations.

591. Lauren, prefab implies temporary … and so temporary can’t be permanent. BUT, it could be possible if an agrement certificate was produced. These are for buildings that are built using methods that are not covered by the NBR.
     “Agrément certificate
     certificate that confirms fitness-for-purpose of a non-standardized product, material or component or the acceptability of the related non-standardized design and the conditions pertaining thereto (or both) issued by the Board of Agrément South Africa”
     This is covered in Part A of SANS 10400

592. Hi there! We could not obtain building plans so in order to sort out a property that was in a bad state
     we opted to do minor renovations – including putting up a playroom for my kids by converting a flat roof
     into a gable to blend in with the overall look of the house. This is much lower than the rest of the home.
     There is no window looking into my neighbour’s garden. The room was “made” above the maid’s
     room. My neighbour consented verbally in the presence of the builders to the top of my garage
     being converted into a garden. The renovation to the little roof was made nearly 2 years ago.

     We then opted to start from scratch and re-draw plans etc and get approval for the garage ( to
     which the neighbour now complained but agreed to initially) but we have thus far faced problems in obtaining the title deeds to the property. Everything is now on hold owing to the plans not being formally
     approved.

     We have now received a letter of demand from his attorneys that he would like everything to be
     demolished. He keeps hens and roosters that keep my maid and guests awake throughout
     the night.

     Does he have the right to demand that everything be demolished – the garage, low and small roof-room,
     garden? Is it not the council’s authority to do such? Are we forced to comply with his demands within
     one week? Do we have any recourse?

     Regards.

     Yasmin

593. Maaak – it isn’t just distance from the boundary that is an issue, but also the area your house covers. I am not sure if they would take a deck into account. If it is a raised deck the council might require plans. They might consider shutters an enclosure; you’ll have to check with the council/local authority.

594. Put the door back and then remove it once the plans are approved. He’s not going to be visiting you later! It’s an irritation, but clearly you aren’t getting anywhere this way.

595. Nikita, they cannot do that because of course it will affect the integrity of the precast wall/fence. If it was to collapse they would be liable to replace it – though it could result in a legal battle. I would insist that they remove the sand and if they refuse – go to a lawyer and get a letter written threatening them with legal action if they don’t act immediately. Or you could remove it yourself – or get someone to remove it and then take them to the Small Claims Court to force them to repay the costs you outlay.

596. No Tracey sorry. Animal structures are not covered in the National Building Regulations. Animal care centres are mentioned in the CT Zoning Regs – “‘animal care centre’ means a place for the care of pets and animals, operated on either a commercial or a welfare basis, and includes boarding kennels and pet training centres;” but there is no information on structures. Contact the City of Cape Town and ask them what by-laws cover this.

597. Jessie it wouldn’t be the structure that determined a sub-division. Basically there are three issues. 1) whether the council will let you build. 2) in terms of a second storey, you would need plans and council permission – things that they will look at will include existing foundations. 3) The size of the property and the % allowed for building on. This is usually found in zoning by-laws – it isn’t something that is covered by the National Building Regulations. Sub-division, sectional title etc is a totally different issue and you will need to get professional guidance if this is what you are considering doing.

598. Hi

     Hoping someone can help me out. whats the max sq meteres allowed for a granny flat before it is considered a second property as has to be registered and/or involve sectional titles etc. Granny Flat is not attached to main house. also are you allowed to build a second story onto an existing Granny flat?

     thank so much

599. Good day, I am trying to find out about building regulations to build a boarding cattery in Constantia Cape Town. Please could you assist?

     Thank you.

600. Hi
     Please can you advise if action can be taken against someone that his filled sand inbetween my precast fence and their short wall to create a garden on top,
     Note, The sand is affecting the structure of the precast fence and there are weeds growing through the fence.

601. We would like to enclose our tiny (6m2) courtyard at the back of the kitchen to make a scullery. My building plans weren’t approved due to non-compliance with SANS 10400 XA. The reason being, if I remove the back door, I have to make my whole living area (54m2) XA compliant (fenestration regulations). This is not an option due to the huge expense of changing all my windows in the living/dining area to glazed windows and inserting insulation throughout my ceiling. The building inspector sees my kitchen as “open plan” because I don’t have a door in the doorway between my kitchen and entrance hall which leads into my living area.

     If I leave the back door in place, I have no natural light nor ventilation in my kitchen if the door is closed. This means I will have to turn on lights in the kitchen using more electricity (my kitchen is south facing and dark). Lights = electricity. I will also have to install an extractor fan and/or air-conditioning unit for cooling and/or heating = more electricity. In the end, due to electricity costs and in order to get light and ventilation into the kitchen, I will end up either removing the door myself, or leaving it open all the time anyway – which takes us back to the original plans – which weren’t approved. A stupid door which, either way, is going to be open all the time or removed by myself.
     How can leaving this door in place possibly be considered “energy efficient”. I’m trying to do things the right way but this XA energy compliance “logic” is so illogical it borders on ridiculous insanity in my case.

     I have tried explaining all the above to the building inspector and his reply is simply “I don’t make the regulations, I only implement them!”
     Can you advise or suggest alternative options.

602. What is the requirements for air and dust extraction in a Woodwork Factory?
     Can anybody help me?

603. Hi, sure you probably had this before…..but hope you can assist or refer me

     i just received a registered letter from my neighbour wanting me to allow him to build a double storey double garage (it will be a loft on top) 1m from our boundary as well as 0mm from the road – which requires my approval in terms of municpal regulations which require 5m from the road and i think at least 2m from boundary….

     I am against this as it will leave a great big unsightly wall as opposed to our open view. The main issue is the 5m from the road as this blocks light at night too.

     My question is about how i should object ? and will my objection be enough ? and how do i ensure a proper objection is lodged ?

     Any assistance/guidance will be appreciated – THANKS!

604. HI PENNY

     If i build a raised wooden deck how close can i go to my boundary wall and do aluminum shutters count as enclosed ?

605. Thank you so much for the reply. Really appreciate it. Just checking that a patio that runs off the existing house roof and has the sides closed off for the wind. So the front is still open. Would you say this still sounds like a minor building work? I also couldn’t find anywhere that says the maximin size of the patio? How would the council define a pergola? Thanks again

606. Good Day, I have just stumbled upon your website in the middle of doing some research and it is fantastic! I just wanted to find out what would be the best place to find out the rules, regulations and legalities behind the building of Prefab permanent homes in South Africa. Do you have any recommendations as to where to start my research? Thank you again for a wonderful website. Kind Regards, Lauren

607. Bradley if the patio is on the ground and open then you don’t need plans. Even open-sided structures are considered minor building work and don’t require plans. Have a look at the link.

608. Shawn here is a link to an article on our sister website that will answer your question. You need a competent person who has qualified in for e.g. architecture or draughting.

609. Who is allowed to draw up building plans, such as alterations / extensions and full house design plans.

     What qualifications are needed.

     Who offers the training to qualify.

     Thanks

610. Hi

     On my new building plans the required minimum values for roof assemblies (SANS 204). My plan states that 135mm aerolite roof insulation must be used to get to the R-value that complies with SANS 204. How will i know that the contractor is installing this? What should I look for?

     Thanks

611. Hi, I have a built a patio onto my house, do I need plans if it is open? Or only of I wish to close it off?

     Thanks
     Bradley

612. Hi There

     I there a size limit for a secondary dwelling on a stand (Urban)

613. Hi,

     Is it true that your neighbour has to have written consent from you to build a double story if their windows are facing your back yard?

614. Hi,

     Are there any courses which explain the NBR from start to finish? Sort of a “NBR for Dummies” guide.

     I would like to know more about the various section of the NBR, especially part XA.

     Thanks.

615. Hi Penny,

     I have been advised to cover a fluorescent light fitting in a room, i have searched the site as well as the Occupational health and safety documents but cannot find any reference to light fittings needing to have a protective cover. 99% of florescent fittings one buys in a hardware store do not have, nor can they accommodate a protective fitting.

     can you please advise if it is necessary to have a protective cover in order to comply with the law.

     thanks.

616. Hi there, can you tell me what piping should be used in a shower? Our builder used flexipiping which was not able to withstand the weigh of the shower head and shower arm. As a result the shower arm is bending right over and has pulled away from the plaster. The builder says the piping is standard but another plumber we called in said copper piping should have been used. Can you offer clarity on the matter? Thanks.

617. John contact the Concrete Manufacturers’ Association (CMA) for advice. There are also quite a few of their documents with specs on our downloads page. You should also access SANS 1504 which is the prestressed lintel standard. I believe that there is a huge problem in their country with manufacturers making lintels that do not comply with SABS national standards.
     According to the standard, a high strength concrete with a small stone must be used to make the lintels and the cement has to be in the 42,5 N strength class or higher. The standard also says that the concrete must be compacted by vibration. I am sure there will be specs in this standard regarding the wires and tensioning.
     There are additional standards that cover “precast concrete” and a range of precast concrete products. The national standard that tells us how concrete for precasting should be made, handled and tested is SANS 1200 GE: Precast concrete (structural).
     Unfortunately I don’t have copies of these standards, though I may have some more notes somewhere. If I find anything I will let you know – but my advice is to start with the CMA publications.

618. Lerato you can complain to the NHBRC if their construction work is sub-standard.

619. Hi there I worked for a Prestressed Lintel company in Cape Town For 10 Years my boss has died and his wife closed the business so I am thinking of starting a lintel business in Cape Town but I cannot find any literature on specs for example what do the lintels be stressed to and I noticed that most of the lintels made now have cutout one wire for instance a 150mm lintel had 7 wires 5 on the bottom and 2 on top are there regulations as to how many wires there must and what tension they must be stressed I look forward to your reply and any help you could give me Regards John Edwards

620. Hi I just want to find out when you have a complain with a developing company who do you complain to

621. Thanks!

622. Apologies in the delay of my reply. I needed to access standards that do not form a part of SANS 10400.
     SABS 0252-2 Water supply and drainage for building, Part 2: Drainage installations for buildings, states:
     “6.5.2.6 Any manhole or inspection chamber shall be
     a) located in an open-air space,
     b) so constructed and covered as to prevent the ingress of water, and
     c) of sufficient strength to sustain any load that may be imposed upon it.”
     Then there is Commentary, viz:
     “1) The requirement that any manhole or inspection chamber be located in an open-air space should not be taken to preclude location under the roof of a carport or any similar well ventilated area outside the building.
     “2) The construction of inspection chambers or manholes requires a high degree of skill and is relatively expensive. However, manufacturers of sanitary pipes and appliances have developed factory-made manholes and other alternative forms of access that can be easily installed.
     “3) Inspection chambers or manholes should not be installed in a closed-drainage installation, since this will undermine the underlying principle of reducing the possibility of foreign substances from penetrating the piping.”
     Similarly all gullies and overflow devices must be “a) situated outside a building, or in a place that is permanently open to the outside air,
     “b) so situated that any overflow discharge does not have any detrimental effects, and
     “c) so located that it is accessible for cleaning and maintenance purposes.”
     So what you have is TOTALLY illegal. I am also bothered that the plumber is prepared to issue a compliance certificate in these circumstances. If this has been done I think you should urgently contact the Institute of Plumbing of SA and ask for their assistance / lodge a complaint. I also think it is essential that the seller rectifies the situation and ensures the plumbing is legal. You can action against the seller even if the sale has already gone through.

623. Richard is varies. Estates have their own rules and regulations and you should have been given a copy of this if you are building. Here is a link to a general article I wrote on boundaries for our sister website.

624. hi, please can you tell me what the building line distance between houses must be when building in an estate.

625. Shuaib this website has ample information, and I am afraid I am not going to do your homework for you to find additional links. There is only one set of National Building Regulations in South Africa – and as explained on this site, they go hand-in-hand with SANS 10400, The application of the National Building Regulations. Your starting point will be to ascertain which occupancy or building classification a day care centre falls under, probably A3 Places of instruction: Occupancy where school children, students or other persons assemble for the purpose of tuition or learning. Then throughout the NBR you will see that there is reference to the various occupancies, so you will need to be sure that your design complies. e.g. The size needs to be at least five square metres for every person using the building.

626. As part of a school project, I need to design a day-care centre. However, I am unable to find the regulations and requirements to build one. Could you please provide me with some information (website links, documents, etc.)?

     Thanks

627. Daya, your first step will be to check that the developer is in fact registered with the NHBRC. If you can’t find them on the site, phone and ask the NHBRC to double check, because sometimes they use a different name – though they should have give you an NHBRC certificate when you took ownership of the house. Then lodge a complaint. You should also put your complaint in writing to the developer.

628. Hi,
     We purchased a house directly from a developer in Thatchfield, Pretoria. We have had numerous issues regarding the quality of workmanship and would like advice on how to raise these complaints with the NHBRC or other relevant body mainly regarding:
     □ absence of aerolight in ceilings
     □ peeling of paint on exterior walls due to lack of damp proofing
     □ peeling of paint due to water leak from shower
     These are just a few of many issues with a large developer who is still building numerous other houses on this estate.
     Your advice would be appreciated.
     Regards,
     D

629. If there are just brick pillars then it might be still be minor building work Dirk – as long as it is open sided and of the max size specified. However, you are obliged to notify the council when you plan to do minor building work, so at that stage they would say they wanted a plan. Perhaps you should contact the local authority and ask for their take on the matter. If they need a plan, I would insist that the seller takes care of this, or reduces the price to cover what it will cost you to do it.

630. Mercia you need a lawyer to write to the builder and put him to terms – i.e. demand that he rectify the shoddy workmanship, and complete the work he has been paid to do. But first weigh up whether it will be cheaper to get in a decent builder to do the work. Lawyers can be very expensive.

631. Thank you for your prompt response to my query.
     However, i think i did not state it cleary, my mistake. The carport in question is not made up of poles as per usual. it is a rather large, double size, structure built from brickwork with corrugated iron roofing. Would this still be seen as minor building or not?
     Thank you in advance
     Dirk

632. You can, provided you have plans.

633. Are you allowed to build just a Wendy house as a house to live in, instead of a stone build house?

634. Hi Chantelle, As it is a full on dwelling, regardless of the size, and it will have all the electrics, water and sewage that link to a dwelling, you will have to submit and get approval before you build. Many timber house companies will do all this for you included in their price, check with them when they come to quote.

635. I’ve recently taken early occupation of the house I’m in the process of buying, in one the rooms inside a cupboard, is a manhole for the kitchen and bathroom (bath & basin) drains. I asked the plumber who is issuing the compliance certificate, if having this manhole inside a living area is not a health risk, he wasnt sure, just said I should make sure we don’t block the drains. Over the weekend we’ve now had an incident, after emptying the bathwater, water started seeping from this manhole onto the carpets. We did contact the estate agent about this, he sent the plumber to clear the blockage. can we insist that the seller move these pipes to the exterior of the building

636. Good Day,

     We would like to erect a fully contained Wooden house on our tennis court (Pretoria). It would not encroach on any boundaries as we have 800sqm to build on. What are the regulations? Would we need to submit plans etc.

637. H Tracy, Yes a house can still be bought “voetstoets” but the buyer must beware that if any Regulations or By-laws have been broken by additions being done without plans, the the new owner will be liable to rectify the situation and submit plans and could be liable for a fine as well as the costs of drawing up new plans.

638. Subject:
     no plans

     Message:
     good day to you hoping you can assist, can you tell me if a house can be bought voetstoets without any plans?
     thanks
     Tracy

639. Hi Arno, Have a look at our page: paja-law-protect-rights On this page are two documents that you can download. Submit your request in writing. Even if the braai is within the regulations then the smoke will fall under the “Public Nuisance” section and you must put the council to terms to deal with this.

640. Good day.

     We are renting a town house, the neighbour has a bbq chimney virtually right outside or living room door built on the border wall between us and them. Needless to say, with them having a braai often we have to live like shut-ins or choke on their smoke.
     How could I go about checking if this chimney is legal and what steps can we take. We have complained, to little effect.
     Can we have this officially inspected?

     Thanks whoever can help.

641. My Landlord has been doing extension to the property externally and internally. They have also done all the electrical work themselves. They have never had plans drawn to do all this work but went ahead and did it anyway…. There are cracks appearing in the walls and am worried that there are no lintels in the low bearing walls and possible some little child can get her… ( part is used as a day care center) is this not illegal? and what can be done about it?

642. Hi Mercia, I replied to your other question about the builder. When renovations are done it is not the builders responsibility to get plans approved. Unless you have a written contract that states the builder is responsible for this. It is the homeowners responsibility and you will be liable for a fine as you have broken the law bw not submitting plans and getting them approved before having the work done. You will need to get a “competent person” to draw up the plans and submit them as soon as possible.

643. Hi Mercia, Did you check if the builder was registered with the MBA (Master Builders SA) the website here: http://www.mbsa.org.za Did you have a written contract? If not then the only recourse that you have is to approach an attorney. But you will have to find out where the builders business is or his home address.

644. Hi Steve, you are embarking on a very ambitious project and I wish you well with it :-D. For starters I would approach the local building inspectors and town planners to sound them out. Then I would call the SA Institute of Architects for assistance: http://saia.org.za. Ask them if they have an Architect on their books that has experience with this level of development. There are so many factors that come into play such as zoning or re-zoning, soil conditions, density, access, sanitation etc etc. and so many pitfalls along the way that could be costly, that personally I would want some experience on my side before I begin.

645. Hi Janek / Penny I’m intending to buy a vacant land of 2400 sqm in Pretoria West .My aim is to build a Lodge or a Guest house that will have apartments / beds with toilets and shower. Who do I contact to survey and approve the plan,since the land is in the residential area and posing danger because of huge trees, tall shrubs and big rocks

     Thanx.

646. What are the requirements for installation of Hose Reel, fire equipment when it comes to a school building of four class rooms with a thatch roof on ground floor.

647. i got a builder in about 5 years ago to completely renovate my house. This house i bought and it was a total mess, so i asked him to take on the project for me. He gave me a price and i paid him. It was raining in cape town and two of my rooms started to leak; then the whole ceiling collapsed.My carport is still standing and it was put up at the same time. i found that the roof sheets of the two rooms were never replaced. i called the guy and he said that is has got nothing to do with him. In the meantime my building cupboards and laminated floor got damaged and the ceiling flushed away. He also took money to repair my granny flat but never touched it. Please advise me what to do.

648. i got a builder in about 5 years ago to completely renovate my house completely. This house i bought and it was a total mess. so i asked him to take on the project for me. He gave me a price and i paid him. It was raining in cape town my two of my rooms started to leak. then the whole ceiling collapsed. i find that my carport is still standing and it was put up at the same time and found that the roof sheets of the two rooms were never replaced. i called the guy in and he said that is has got nothing to do with him. in the meantime my building cupboards and laminated floor got damaged and the ceiling flushed away. He also took money to repair my granny flat but never touched it. Please advise me what to do.

649. hi i wan to know who to contact in cape town about a builder who does extentions on an existing house wihtout an approved plan.

650. Hi Andrew, Yes you will have to. Have a look at our page for reference here: minor-building-work Amongst other things it says:
     Part A: General Principal & Requirements, that any structural building work that is defined as “minor building work” requires authorization by your local authority
     b) the replacement of a roof (or part of a roof) with the same or similar materials,
     You are replacing with a different material so you will need plans irrespective of what your existing house roof is.

651. I would like to know if I can change an existing roof on my free standing garage from a tile roof to a thatch roof (in full by a qualified builder etc) without having to submit full building plans or getting authorisation from any council etc.?? The main house is already thatch but the garage was built later and is a pitched tile roof.

652. Hi Elma, The best is to find a sympathetic architect that will be willing to do the “rational design” and to walk the plans through the council. All the building regulations will apply. The council will ask for an Agrément certificate that is why you will need a “competent person” to negotiate this. A number of years ago Trix Pienaar bought a train on auction and wanted to make it into a beach house in Pringle Bay. The Architect had a big job and many hours of meetings with the council to get “Trix se Trein” approved. Good luck and please let us know how it turns out so that we can help others, thank you.

653. Hi Bongiwe, The National Building Regulations 10400-Part-H 4.3.1.4 states: A competent person (civil engineering) or competent person (geotechnical) shall…b) inspect and approve the founding. And every Municipal bye-law in South Africa states that the foundation trenches must be inspected and approved by the local building inspector before the concrete is placed. If you are building then you need to know the laws, if you did not call the inspector to approve your trenches then you have broken the law and he is allowed to stop all building on your site and stop any workers from doing any work. Ignorance of any law in South Africa is not an excuse.

654. Hi Molatelo, each municipality in South Africa has its own set of fees that it charges for plans, submissions etc. The only way to find out is to contact your municipality and ask them.

655. Hi Penny

     I would like to find out where in the building regulations does it stipulate that if the foundation of the house under construction does not comply with the building plans for the house the home builder will be asked to stop the construction by the inspector until the home builder has ensured that the foundation has been layed correctly.

656. Hi Candice, thanks for sharing your problem with us. There is a case in Kenton-on-sea where the supreme court has upheld an order to demolish a ±R8,000,000 seaside home. The owner had plans but did his own thing and blocked the view of the neighbours. Look at our article that explains how you can get the council to do their jobs properly. Look here: paja-law-protect-rights

657. Hi Willie, The unit might be under the eaves of the roof so the building line might be OK, if there is no roof overhang then you might have a case. The main problem would appear to be the noise. This is a factor that you can bring to the building inspectors on your area and if they assess that it is a public nuisance then they can order your neighbour to move it or totally remove it.

658. Hi,

     I am planning to build a container house , (shipping containers) that would just consist of a couple of containers modified into a living space on foundations. Would you know if this sort of construction would apply to all the building regulations and if not what would I need to do to get my plans registered with my local council?

     Kind Regards;
     Elma

659. Subject:
     Air conditioner nuisance

     Message:
     Hi
     My neighbor had a split unit aircon installed against a wall that is already on his building line, this unit is 5 meters away from my stoep and whenever I am outside I am confronted firstly with the unsightly
     unit and secondly the annoying drone of the aircon
     My questions:
     1 are there any laws prohibiting the placement of air conditioners over municipal building lines
     2 what are my rights insofar consent of the placement of this unit as it is closer to my property than what the building regulations state
     3 can I insist this unit be moved to an out of sight area on his property where it will have no noise disturbance
     I appreciate your feedback

660. Hi Karin, some municipalities will view a swimming pool as minor building workwhile others will need plans. If you contract a pool builder registered withthe NSPI then normally they will include the plans and submissions as part of the contract. Read the article here: professionalpool-builder

661. Hi Janek,

     I’d like to find out the cost for Municipal Plan Approval. I do know that it’s charged per square Meter. I’d also like to find out the law regarding relaxation of builing line as well as the cost for that.
     Thank you so much.

662. Hi Liz, I see Penny replied to your query on our Facebook page 🙂

663. Unfortunately ignorance of the law is never a defence in SA anyway. The best thing is to approach them (Your local building inspector) personally and ask their assistance in trying to sort this problem out. I am sure they will help you sort it out if you appeal to them.

664. Hi, I did some additions to my home in gauteng and being a first time home owner no one has ever informed me that i would need to get plans drawn or approved, now I received a letter in the post stating that i need to get the relevant approval within 30 days or they can take legal action against me, what steps do I follow to get this sorted out? Please help?

665. We have a neighbour who is renovating the property he has just bought, and he is busy breaking everything down etc. My questions is : last night being Saturday his staff work until 2.30 am this morning (Sunday morning) and at 8.30 am they started working again (Sunday morning). A huge big truck arrived with consumables, and they were bashing and making the most terrible noise. Are they allowed to work on a Saturday and Sunday – when I went to speak to him, he was quite rude, and said he is the owner of the property. Please help,? Most mornings they start building at just after seven, and this has been going on throughout the whole festive season, with the exception of Christmas day and new years day. Many thanks

666. Hi,

     I would like to know what procedure to follow for installing a swimming pool.

     Regards
     Karin

667. They should have submitted plans to your local authority; and these should have been approved prior to any building operations.

668. There’s a bit of a conundrum here. There is nothing that I can find in the Building Regulations that specifies the way doors open – other than Part T that deals with Fire Prevention – and in that case all exit doors must open OUTWARDS. But there is also a health and safety issue with steps, and then doors should open inwards. But in your case, I think that the important issue is that his door is blocking yours, which is wrong. In terms of replacing door frames – you don’t need plans – and the only reason they are standard sizes is because of cost. You are not bound to use a standard size frame at all.

669. Rosh I suggest you contact SACAP which is the governing body for architects etc. I have given you a link to their contact details. They reopen on Monday Jan 6. Alternatively have a look at this page on their website. You will see that they do not suggest charging per square meter, but rather by the hour or a project based fee that includes a percentage of the cost of the build.

670. Hi I would like to enquire about the average costs to draw plans for a residential property
     I need some indication, is it R50 or is it R500 per square meter. I am just not sure what is a correct price to pay. An average would help me tremendously
     Thank you

671. Thank you so much for your response 🙂

672. Justine it isn’t clear which house your neighbour owns. If they are in the same complex as you and you both own your own properties then the body corporate will have to sort this out. A neighbour can object, but this doesn’t mean that they can prevent you from going ahead in the long run.

673. Burt there is some information on our sister website HERE. Wherever you build, because it requires non-standard building materials, you will probably need an agrement certificate – but check with your local authority. They will advise.

674. James, you may need plans, though it is unlikely. However if you look at the section in the Building Regulations that covers minor building work (that does not need plans) then you will see that you are obliged to notify your local authority of your intention to build.

675. Muad unfortunately we don’t have the infrastructure to get involved. However if you get hold of the NHBRC in the new year they should be able to help you – providing the company you used is registered with them. If they aren’t they are operating illegally.

676. Please contact the NHBRC directly. However they don’t give training.

677. Yes Peter there are regulations that govern where structures, including wooden sheds, can be built. It depends largely on the zoning of your property, but your local authority will be able to advise. In some areas (including Cape Town), you may be able to build the structure right on the boundary, but you will need approved plans to do so.

678. Cavin, If the land is zoned then it must fall under a specific local authority, and you will need to get planning permission from them to build. Plans will have to be submitted as for houses built anywhere else.
     Specifications for French drains (soakaways) and septic tanks are all covered in the various plumbing regulations (not the Building Regulations). As far as solar and wind power, there are SABS specifications that need to be adhered to.
     I hope this helps.

679. We are not the NHBRC – please contact them directly.

680. Hi Candice, The rules and regulations for timber frame houses are the same as for any brick house. As long as the method of building and the materials used are Agrément approved then there will not be a problem getting your plans approved by council. As the two systems, brick & timber, are different I suggest that you ask your architect first if he has experience with this method of building. The other alternative is to get one of the timber frame construction companies to do everything. As they have the expreience and all the relevant certifications needed. They usually have plans that can be tailored to what you need. Just to add here, you can contact the Timber Frame Institute for a list of reputable contractors here: itfb.co.za

681. Hi Laetitia, We do not keep a register of builders or pool builders. For Swimming pools in South Africa then you must contact the National Swimming Pool Institute (NSPI). They have offices in all the provinces but the head office number is 086 067 7472 or go to the website http://www.nspi.co.za/files/

682. I had a swimming pool installed by Pools 4 Africa and want to know whether he is registered with you plse.

683. Subject:
     Building regulations regarding wooden houses

     Message:
     Afternoon, can someone advise me what are the building regulations and certificates needed to build a wooden house of 13m x 8m? Where can I find out what we need to get for the law etc?

684. Subject:
     Incomlete house by Victor Trading Construction cc

     Message:
     I am hereby kindly requsting your intervetion regarding my parents
     house, which was build by the building construction called Victor
     Trading Construction cc. They failed to comleted the house and they
     were paid in full amount, which they charged and nearly 70% of work
     not done complete and they even take the money for other items to buy
     it. till today nothing is finally done and I am willing to see them as
     construction company.

685. Subject:
     seeking certificate

     Message:
     I wolud like get your training and certificate for NHBRC

686. Hi, i am Curious in the rights in building while owning Farmland,(off grid) there is no Municipality electricity or Water,sanitation given to the farm. if i want to build a small home, with solar / wind power and french drain system, what steps do i take as the Zoneing is Farming/ Residential, what can i do thus being “legal” and building the small home ,so to not run into problems later?

     thank you,

     Cavin

687. how..close can a neighbour build a wooden shed/structure to the boundary fence dividing our properties.is there no law /regulation as to.distance.?thx

688. Hi,

     I am in the process of building a covered patio area. I had a concrete slab laid with a small retainer brick structure around the edge. I am becoming paranoid as to whether I need approved plans? Any advise for me? The area is 30m squared.

689. I live in an apartment building. My neighbour replaced his front door, only entrance. It now opens to the outside blocking my front door (only entrance) whenever his door is open. Are the entry/exit doors in an apartment building not supposed to open towards the inside of the apartment. Can one replace the doorframe (not standard size) without approved plans?

690. Hi Cristian, Not a good idea. There are cases every day, not all of them reported, of judgements taken against illegal extensions where the owner is given a heafty fine AND they have to demolish the structure. In certain cases the municipality has gone in and done the demolition when the owner refuses to do so. So I reckon just do the right thing 😀

691. I would like to know what are the regulations to building a house with shipping container? i would be built on the coast and on a small holding.

692. Hi what will happen if I build an extention to my property with out building plans approved

     Many thanks
     Christian

693. Hi Natasha, For a minor alteration such as what you have said then no you will not need plans so long as there are no structural changes. What you will have to do is to inform the council in writing that there was a minor alteration and that they must keep your letter on file. This is done to cover you in future if you sell and the inspector finds the house to be different to the original plans. This could be costly at that stage.

694. Hi Roxanne, There must be something in the Fire Regulations (they are separate to the Building Regulations) that refers to that. Contact the FPASA, Fire Protection Assocation SA they will know. Their website is: http://www.fpasa.co.za More to the point I think there should be a law against stupidity!

695. Hi Tammy, I’m sorry top hear that you have been taken for “a ride” by Jay Singh and his companies. Contact the NHBRC immediately and register your complaint with them. The NHBRC dispatched a team to Natal last week to investigate Jay Singh and his dealings, specifically Woodglaze Trading (Pty) Ltd and Gralio Precast (Pty) Ltd. They said that they would have a report before the 15th of December. As soon as this comes out we will do a report here so please check back regularly. The NHBRC can be contacted on the toll-free number 0800200824. Or go to their site http://nhbrc.org/ NB This site has been off and on for the past few weeks so it might be better to phone.

696. I live in the east rand and my neighbor recently erected a walled in thatched lapa approximately 6m by 8m, a double garage and new swimming pool. Who can I contact to confirm if these structure are indeed legal?

697. Hi,

     Please can you confirm if there is a law to state that you cannot have an open fire in your garage next to vehicle’s etc as I have a neighbor who is constantly braaing in their garage with the vehicles inside.

     Thanks

698. Hi,

     I live in a complex that was built by the owner who built the Tongaat Mal that Collapsed. The walls of my home is cracking badly. I escalated this problem with the Woodglaze. They came and patched up the walls. They started to crack badly for the 2nd time.
     The cobtractors came yesterday and re-patched some of the walls. He said it was a trench problem. The construction co is busy building other complexes. If it cracks again he will escalate it to J singh,
     I am very scared of the foundation giving way. Please advise urgently who can assist urgently. Our lives are at stake. We are paying our rent without any default.

699. These “national” building regulations do not extend to billboards and advertising. This is governed by each local authority (council) in SA independently so you will need to contact the council where you are and find out.

700. Good day, we own a dulex and want to add on the top level above the staircase a walk in closet room. This will be a extention to the main room and wont change any of the external walls my question is thus will we require approved plans for the small addition to the interior? I greatly appreciate your feedback.

701. hi we are an outdoor company and we would like to know where we can get council approval for building wraps and billboards.

702. Grant, you need an Agrément certificate “that confirms fitness-for-purpose of a non-standardized product, material or component or the acceptability of the related non-standardized design and the conditions pertaining thereto (or both) issued by the Board of Agrément South Africa”.
     More info on this may be found in Part A of SANS 10400, e.g. “Agrément certificates represent an entirely different approach. The original intent of the Agrément certificate was to present as complete an assessment as possible of any new building system, building component or building material, in addition to indicating whether it was considered suitable for use. The certificates also state which of the National Building Regulations, if any, the system or component may be deemed to satisfy.
     “It should be noted that although test reports may be adequate to supply the information that a local authority might need to assess an application, the Agrément certificate serves an additional, very important, purpose in that it provides more information of a type which might be useful to anyone buying or promoting a new building system or building component. In addition, the Agrément certification process requires that certificate-holders have an acceptable and functioning quality management system in place, thereby providing assurance of consistency of quality of the end product.”

703. The construction of stages and catwalks are done by the company doing the event, they need approval and certificates from town council, usually your fire departments are involved in the certification and being approved for the structures that are built. If you need more assistance get hold of your disaster management team in the fire department, they will be able to give you most of the answers you require. Hope this helps.

704. Where can one get approval for containers as a accepted form of building material for building a house? This is required for the banks. Anyone that can assist it’s greatly appreciated, as construction has been stopped because of this.

705. VR I wouldn’t go along with that personally, but it depends what your contract with the developer states – i.e. what you agreed to. Usually there would be a clause allowing you to withhold funds. At very least insist on a formal letter of undertaken on a company letterhead stating that they will be held accountable if there are issues – e.g. bad workmanship you haven’t noticed, leaks… anything like that. Because once the money has been paid, you’ve lost your bargaining power and will probably have to go to an attorney for help.
     One suggestion. Double check that the developer is registered with the NHBRC – you can check on their website … or if you can’t find the name phone them to make sure they aren’t registered under something different – and that there haven’t been problems with them in the past. Good luck.

706. Generally carports are regarded as minor building work. But the council may call for plans. Part A of SANS 10400 warns that carports “may in some instances be an exception” (in terms of not needing plans) “since, where servitudes are involved, the siting might be important and hence a site plan might be required. In the case of carports to be erected in areas subject to strong winds, it might also be necessary to consider structural aspects.”
     The link I have provided should make the situation clearer.

707. Marnus there is some information about thatch roof construction in the section under Roofs (here’s the link).
     In Part A of SANS 10400 has a form that needs to be filled in to approve the competent person who draws up the plans for any building. You will see from the link that a competent person doesn’t have to be an engineer. However if that person is not “competent to undertake the *rational design/rational assessment/geotechnical investigation and any associated inspection work in relation to the applicable work(s) contemplated in section 3 of this Form” then he/she would have to get an engineer to do the design.

708. No Renee they don’t need your permission. However the Council has an obligation to ensure that neighbors are not adversely affected. You could lodge and objection.

709. Provided the carport is not bigger than specified in the regulations, it will normally be classified as minor building work. However you will see from this link that you do still need to notify the local authority of your intention to erect a carport. Also Part A of SANS 10400 states that the municipality may call for plans if for e.g. “servitudes are involved, (because) the siting might be important and hence a site plan might be required. In the case of carports to be erected in areas subject to strong winds, it might also be necessary to consider structural aspects”.
     This article will give you some insight into boundary walls. If you want to build closer than allowed you will need council and neighbour’s consent (in CT you don’t need neighbour’s consent).

710. Not in the National Building Regulations, Peter. There may be something in the local bylaws. In the event of damage or injury, the MD in his business capacity (i.e. not his individual or personal capacity) would be liable I think.

711. my daughter is a model , and a lot of the catwalks are constructed temporarily
     where she goes to

     are there regulations around this ?
     is the md of my daughters company liable for anything as he books the venue?

712. Hi Penny

     I just have an enquiry regarding the erection of a carport. It is pretty much the standard structure: steel poles, steel or IBR sheeting and would be open on the ends. Do we require building plans or permission to carry out this type of work? Also in terms of the space between the boundary walls – how would this be determined?

     Thanking you in advance!!

713. Zane there are two, possibly three issues.
     1. Changing walls. Since you’re using dry walling, you shouldn’t need plans unless you are changing the primary function of a room or space. For instance if you are going to convert a garage into a living room or bedrooms, then you will need plans. Changing windows to doors shouldn’t require plans. In brick and mortar houses there is the issue of lintels, and so you would need plans if the doors were wider than existing windows.
     2. Any electrical or plumbing requires qualified and registered professionals to do the work.
     3. If the deck is above the ground, you might need plans – in fact you probably will need plans, since very few decks are constructed at ground level. More than about a metre above ground you’re going to need railings etc.
     Lastly, you will need to notify the local authority that you will be doing alterations – see minor building work. Ultimately “it is left to the discretion of the building control officer to decide whether or not it should be classified as minor building work and if so, what plans or other documents should be submitted with the application, i.e. with which Regulations the building should comply. The intention should be clear that for this type of building, which does not involve eating, sleeping, living or working areas for any person, there should be an absolute minimum of control placed on any reasonable structure.”
     This piece that I wrote recently about alterations and additions might also be useful. There are several links within the article, which is posted on our sister web site, Owner Building.

714. Eva you would require permission, and plans for that matter, if the wall is load bearing. If not then no. In terms of noise, the National Building Regulations is very clear in terms of when building work may be carried out – see this link to Site Operations – and frankly I don’t see how they can stop you as long as you comply with these times. How did your neighbour stop you? Did he get some sort of interdict?

715. Definitely Sarah! And the work needs to be done by a fully qualified and registered plumber.

716. Linda you are describing a “garage” of sorts rather than a carport, which would be open sided, and therefore “minor building work” which does not require plans. So first of all approved plans will definitely be required. The construction of the wall and the weight of the structure will determine whether a carport could be built utilizing an existing wall. e.g. The foundations would need to be strong enough to support additional weight. But again, plans would be required. The other issue is whether the council would allow the structure to be built on the boundary. If you go to the lefthand tab on this site (Building Regulations Introduction) you will see “Tshwane Town Planning Scheme 2008” which you can download. That might give you some information that could be useful. Otherwise contact the Tshwane planning division for advice.

717. Goodday,

     Kindly confirm if a steel and brick carport with a motorised double wooden door and sink roof approximately 40 square meters in size built in front of, and adjoining the existing double garage needs building plans approved by the local authority.

     Further kindly confirm if it is allowed to construct the above carport on top of the boundary wall dividing two erven.

     This structure was erected without building plans in the Pretoria East (Tshwane) area.

     Thank you

718. Simon I am not certain about tribal land and how this is affected by the legislation and regulations. I suggest you contact the Madibeng Municipality for advice.

719. Yes Lara, for this to be legal the previous owner would have required building approval. The main issue here is that the function of the garage has changed.

720. We bought our unit with the garage converted into a room (dry-wall added to divide the garage in half).
     What is the law regarding such a conversion – no changes were made to structural walls. Would the previous owner have required building approval in order to get this done?

721. Hi, our family has land which is regarded as Tribal land and “falls” into the Madibeng Municipality – I would like to build on the land and the tribal authority says that i as it is regarded as tribal we can build without any issues. i would like to check the validity of this. i would also like to find out what would the full requirements be for me to build as i know nothing about what needs to happen? please advise as im concerned that im investing a lot of money into this and should i be contravening laws i stand to lose everything.

     kind regards

     Simon

722. Our neighbour, across the road, is starting building work on a double story alteration. Do they not need our permission for this? Our privacy in our entertainment, pool and garden area will be seriously compromised!

723. Hi please can you tell me must all thatch roofs on residetial buildings have a engineers desighn and certificate

724. Hi,

     I am curious to find out if one needs plans to add a bathroom to an apartment? all drainage and pipes will be an extension of an existing bathroom?

725. Hi Penny we bought old apartment in Umhlanga and would like to renovate. After submitting plans to trustees of the building we had permission to go ahead. During demolition work our neighbor stopped all our activities due to noise. He does not live in the building.It’s been six weeks and case is with our lawyer now. My question is : do we need municipal permission for internal wall demolition ( we have structural engineers and architects approval ) and if yes can we apply at this late stage? Regards Eva

726. Hi there,

     We are just about finished building a house and the developer says we cannot move in until we make the final payment application to the bank.

     I’ve heard that in some cases the final payment is withheld for approximately three months to ensure that any issues picked up within that period is fixed satisfactorily.

     They have assured me (verbally) that they will fix any issues found, but once i sign off, then I won’t have anything to make them accountable.

     What is the standard practice?

727. Hi Penny, Maybe I overlooked bur can not find what I am looking for. We want to put up a carport, do we need plans? I also would like to have a Pergola put in the front of the house, same Q, do I need plans? When do one need plans ?

     Thank you

728. Hi Penny

     Could you possibly advise me on the following? We have a holiday home on the South Coast that we would like to make some internal structural renovations too ie opening up the kitchen, moving around some dry walling and putting up internal walls etc also a deck would be added to the house and windows turned into doors leading to the deck. What would I need to do in this case aside from getting a contractor to carry out the work?
     Many thanks in advance!

729. Ben I would think that this is a latent defect and that you can hold the seller liable for replacement of the wall. However I think you will probably have to approach this via an attorney. You can try doing it yourself, but don’t be surprised if you meet resistance. The other thing to bear in mind is that the old voetstoots clause no longer has the same teeth as it used to – the Consumer Protection Act over-rides it in most instances … see this link. The question will be whether the seller was aware that the wall was basically illegal. He should have been.

730. Just moved into a house we bought. 2 weeks in and the back boundry wall collapses due to building regulations not adhered to (according to home insurance assessor) – “the maximum permissible height of a 110mm wide freestanding wall is 1,4m if 240 x 230mm piers are installed at 1.8m centres. It is clear that the wall in question does not meet these criteria” – surely this cannot be made my problem now to fix, does anyone know who should be held liable?

731. Chris, you need to look at Part E of SANS 10400, Demolition work. It states very clearly that wherever you are in SA you are not permitted to demolish any building “without the prior written permission of the local authority”.

732. Ian, Just as a precaution, are you 100% certain the plans were not submitted? Many of our local authorities are so badly run they seem to make a habit of “losing” plans! In any case, I think it is imperative to notify the bank in writing so that they are alerted to the situation – and hopefully don’t grant a bond to someone else using this person/business.
     Probably the best place to “name and shame” someone like this is on Hello Peter! I have given you the link.
     Even though renovations and extensions don’t need to be registered with the NHBRC (only new dwellings), the law still states that all building contractors who do construction work for payment by other people MUST be registered with the NHBRC. I have given you the link to their website – but for some reason it is down at the moment. You can search their database to see if the contractor is registered … if you can’t find his name, or the name of his business, phone them and ask them to check. If he isn’t a member then alert their FRAUD line.
     Good luck, let me know what happens.

733. Hi, do I need a building permit to demolish a building in johhanesburg?if so where do I get one

734. Hi Penny
     Thank you for your feedback.
     I have since learned that the renovations and extensions were funded by the bank through a second bond. One would think that the bank that funded the project would have wanted to see the plans. Guess in this country the rules only apply to consumers and not the banks.
     Can you direct me to a website or database (besides what I will put out on social media) where one can list a contractor as being dishonest and unreliable. I ask as my parents have manage to find the contractor but he refuses to assist or return calls.
     This means that the bank and the contractor have left them in a lurge and now they have to deal with the extra costs. Perhaps if the bank had done their due diligence in the first place they would be in this situation.

735. Niki you don’t say whether you have taken occupation of the house or not. If not you should challenge the seller – in fact you should challenge the seller anyway. The problem though is that even though it is illegal to add onto a house without plans, once a sale is final, it’s going to cost a whole lot to force the seller to rectify the situation. It may be easier to get rider plans drawn up and submit these to council.

736. V this is not a provision of the National Building Regulations. And Randburg and Sandton do have their own zoning differences so they may well be different. This document may help you.

737. Ian, I presume you have approached the council and asked if there are plans for the extension?
     Unfortunately if there aren’t then it is very likely that there will be problems when they try to sell.
     These could come from two areas:
     1. If the potential buyer needs a bond, the bank will do a valuation and will very likely pick up the discrepancy on the plan.
     2. If the council does an inspection, for instance to finalize rates and taxes, they too might notice the lack of plans.
     My mother-in-law had a similar experience three years ago – having extended a kitchen and stoep. She had to have rider plans drawn up and approved before the sale could be finalized.
     I would advise them to have rider plans drawn up as a matter of urgency …

738. Sharleen are you sure that you even need your neighbour’s consent to build on? The City of Cape Town’s zoning by laws – which you can download HERE – was updated earlier this year and, for example, in most cases you now don’t even need neighbour’s consent if you want to build on your boundary. By the same token, if your home improvements are indeed going to block your neighbour’s view, they could devalue the property and he could have legal recourse. And no, if something simply reminds him of Prague, that is not a valid reason at all!

739. Adele, Since you only bought the house two months ago, I would think that it is probably a case of latent defect. i.e. The problem was there but not obvious – and the previous owner did not divulge the problem to you!
     First you need to establish that this is in fact the case. Get an independent contractor or specialist to to an inspection and report for you. In addition to the leaking, you need to ascertain whether the foundations for the patio walls are up to standard.
     Then you also need to establish who built the house. i.e. Was it the previous owner or did they buy from a contractor or from someone else who had it built. Clearly it can’t have been owner built because you have to live in an owner-built house for at least five years before you can legally sell it.

740. Hi Penny
     We bought a house about 2 months ago (the house is about 4 years old). Last week, we became aware of structural problems.
     I will try to explain the problem. According to the house plans, the patio is part of the complete structure, but with closer inspection, it’s believed that the patio was part of an ‘extension’. By the look of things, the outer walls has been built on top of the existing floor tiles, creating water leakage between the walls and the tiles (at the bottom on the floor where the wall and the tiles joins).
     Who do we take this up with?

741. I am about to renovate my house ,plans have been passed by city of Cape Town . I am having a problem with a neighbor at the back of my house . He is refusing to give consent , because he says it will block his view which at the moment is my garage roof,he says it reminds him of Prague is that a legitimate reason . He has no mountain views

742. Hi Penny
     My parents are trying to sell their house after 40 years. About 7 years ago they did some renovations and extended the kitchen and other parts of the house. The work was done by a professional contractor. However, they have no proof that any plans were drawn up or that the additions were registered with the council and cannot find the contractor.
     What are their options? Would this be a problem when trying to sell the house?

743. 1) In a high rise sectional title scheme of apartments , how many parking bays must be provided for each unit and how many visitors’ bays?
     2) Does Sandton differ from Randburg in these requirements?

     Many thanks Penny.

744. Hi there

     I have purchased a house, only find out that the existing porch and small scullery area is not on the plan. What do I do, as I do not want to be held liable for this, should there be a query.

     Thanks

745. Neil, this web site cannot be 100% comprehensive. We do our best to keep adding info – but also guide people to other resources. Apart from which the specifications for foundations will be on the plans which must be drawn up by a competent person.

746. Leon not that I am aware of. There may be new bylaws though. Ask your local authority for clarity

747. Tebogo, your neighbour does not need your consent; but does need to submit plans to the council and have these approved. The local authority has bylaws that specify maximum height of buildings.
     In addition, the Promotion of Administrative Justice Act states that everyone has the right to “fair, lawful and reasonable administrative action and to reasons for administrative action that affects them negatively”. So if the local authority allows your neighbour to build something that negatively affects you, you have the right to object and demand reasons. You can also demand compensation if it comes to this.

748. Karen, If you don’t change the size of the opening you don’t need plans – the important factor is the lintel that supports the opening. You do need plans for a swimming pool.

749. Gerrie here are some general guidelines. However it does vary and is ultimately the local authority that decides, so they would know.

750. I would think so provided there is sufficient ventilation. But you may need local authority consent.

751. No Alida it isn’t! But you will need permission from the local authority – and you will also need approved plans drawn up by a competent person.

752. You’ve come to right place Adrian. The times are detailed on THIS PAGE under the heading: Control of Unreasonable Levels of Dust and Noise.

753. Hi Penny. Is it true, that the neighbours must give their consent, If we want to build a washroom next to the excisting kitchen. Regards.

754. Mike you WILL need to submit plans. When you say “Do i need planning or just building regs” I presume you mean approval? Anyway, it’s irrelevant. You need a competent person to draw and submit the plans, and follow through on the build. As you will see from the link I have given you, this person needs to be qualified and registered – if an architect, with SACAP. Have a look at this link to their website. You will see that you can apply for recognition of foreign qualifications. If accepted, you would be “a competent person” as defined in the National Building Regulations and would then be able to submit the plans yourself.

755. Yes Mike provided he is qualified and registered with the relevant association. It really doesn’t matter where he lives.

756. Stephen you probably need to access Parts B and H of SANS 10400, since both deal with dolomite land which is the primary risk factor for sink holes.
     Part F of SANS 10400, Site operations states: “Geotechnical investigations conducted in accordance with the requirements of SANS 10400-B in the case of dolomite lands and SANS 10400-H in the case of foundations for buildings shall in terms of F3(2) be deemed to be appropriate investigations”. Unfortunately I don’t currently have access to a copy of Part B, Structural design or Part H, Foundations.
     Part A defines dolomite land as “land underlain by dolomite or limestone rock directly or at a shallow depth less than:
     a) 60 m in areas underlain by limestone;
     b) 60 m in areas underlain by dolomite where no de-watering has taken place and the local authority has jurisdiction, is monitoring and has control over the groundwater levels over the areas under consideration; or
     c) 100 m in areas underlain by dolomite where de-watering has taken place or where the local authority has no jurisdiction or control over groundwater levels”.
     However there is another SANS 1936-3 Development of dolomite land: Design and construction of buildings, structures and infrastructure – this link is to a draft copy that might be helpful.
     Here’s a link to a paper on collapsing soils. And another link to a download that might be useful (I haven’t read it). And another.
     And I am going to email you another problem soil document. Hopefully some of this will be helpful. Let me know.

757. Brian absolutely incorrect. You need plans for any type of structure that will be used for accommodation. Even temporary buildings must be authorized by the local authority. Have a look at the link I have given you, it should be helpful.

758. I don’t think so Divan. While the new energy regulations do deal with fenestration (any glazed opening in a building envelope, including windows, doors and skylights) in some detail, these do not relate to existing dwellings. As stated in Part A of the NBR, they are concerned with alterations that:
     1. affect the structural strength or stability of the building
     2. negatively affect existing escape routes required in the event of fire
     3. negatively affect the health of people using the building
     So presuming there is still sufficient ventilation in the kitchen, I can’t foresee a problem. But this is just my opinion.

759. Divan, You do not normally need plans to install skylights. The exception would be is the roof trusses have to be reconfigured due to the size of the skylight.

760. Yes Jabu it is quite possible and acceptable. It must just be done correctly according to approved plans that must be drawn up by a competent person.

761. Hi Penny,

     Thank you so much will take it from here!

762. Neil it depends on the zoning of the land. Usually around 60%.

763. If the company belongs to the National Swimming Pool Institute (NSPI) you can go to them … There contact numbers are on their website. But if they are not members, there is nowhere you can go. Your only other option is to consult an attorney. If you have been misled you may have recourse to the National Consumer Protection Association (CPA)

764. On 1/2 acre (2000 cubic meters), what is the maximum floor area that can be built upon.

765. Hi,

     We’ have had a serious problem with a pool company where can I go for recourse on the situation?

     Thanks for your help?

766. I would like to find out about extending your house with a different kind of brick than original.

     I have bought maxi bricks 290 mm to extend my house now I have found that the house was built with normal bricks 110mm double line, is it possible to join or merge the extension using the maxi bricks according to the building regulations?

     Regards

     Jabu Zondi

767. I wish to add that I plan on installing a tubular skylight in the kitchen. The kitchen is also an open plan kitchen that have partially extended cupboards between the kitchen area and the front door and living area.

768. I live in a townhouse complex. I wish to block/remove a current window in my kitchen. The board of trustees have already approved this alteration, but they are concerned that it will violate municipal regulations. Do I need to submit plans for this?

769. Hi!
     I’d like to find out if anything can be done about someone who builds in front of another existing house and totally blocks their view? Is there any action that can be taken?

770. Hi Penny,

     I am doing research on acceptable footings for accidental volume reduction due to over wetting of collapsing soils. I have seen past articles related to sandy sites within South Africa and problems related to sink holes too. I am doing this as part of a research proposal for the University of South Australia and would like to know if you could point me in the right direction related to the principles of design related to these areas (collapsing soils and sink holes) as a comparison to the knowledge gap that is here in Australia.

     Any help you could afford would be greatly appreciated.

     Sincere regards,

     Stephen.

771. Hi Penny we have just purchased a holiday resort and are wanting to erect wooden cabins for accommodation units. I have been told by some people that I do not need building plans as these units are movable structures, is this correct???

772. P.S Can i just use a local engineer for structural calc MIKE

773. Hi there, I am a retired architect in the uk and have just purchased a property in Barrydale as my winter home that has a single sloping tin roof . I wish to change it to a pitched tin roof,i do not wish to change the footprint of the building. Do i need planning or just building regs and if so can i submit plans myself without using a local architect? regards MIKE

774. Hi Penny

     I am not sure if this is the correct forum to be posting this question, but I am not sure who else to contact.

     Is it legal to do noisy construction work all day on a Saturday, Sunday and public holiday in a residential area starting every morning at 07h00, and ending every afternoon at 16h00? Surely there should be laws to stop this. If it is illegal, do you perhaps know who I can contact to take further steps?

     Many Thanks
     Adrian Salverda

775. can our office windows be welded closed?

776. Hi Penny.

     i want to find out. How far from the front and side border lines are you allowed to build to.

777. If u stay in a complex but own your property and build on an outside braai. There is existing
     beams so we just want to add on ibr sheeting to cover the are but it wont be an enclosed room.
     if body corp agrees but your neighbour who owns the house, has said no,
     Can she really stop u if its your place?

778. The Door will be a greater area than the window which may affect compliance with SANS 10400 for Energy Usage.

779. Do you need building plans to replace a glass window with a glass door and build a patio? And if you add a swimming pool?

780. Hi Penny,
     I want to ask about a neighbor who is building a double storeyed structure next to my house. is it legal to build without my permission and isn’t it going to affect my house in any way? Worried

781. HI IS THERE ANY NEW LAW THAT STATES THAT YOU CAN NOT BUILD A DOUBLE STORIE OUT BUILDING.

782. It’s got to do with the new energy laws Helen. Fenestration …

783. Thanks Rouvanne, We are in fact tracking a few stories of this kind and I’d like to use info from it in an article. Let me know if anything new transpires in the meantime.

784. Probably not Fats. Contact the planning department at your local authority. Apart from the location of the building, they have an obligation to channel rainwater away from the building – and not allow it to drain into your property.

785. As long as the size is the same and the lintel stays in place you shouldn’t need plans.

786. Stefanie you can contact the City (there are contact numbers on a download that you can access from our home page viz. Municipality contact) and ask them. Explain your concerns to them.

787. Good afternoon,

     I have had plans drawn up by an architect and these, according to my architect, have been submitted for planning permission about 3 months ago. (Midrand, Johannesburg area)
     I have followed up with the architect regarding the granting of the permission, but her answers are very evasive and I am starting to lose confidence in her.
     Are you able to advise on how long planning permission usually takes?
     Is there anything I can do from my side to try and figure out how the process is going and where we currently stand?
     Thank you for your assistance.
     Best regards,
     Stefanie

788. I would like to know if you need plans to change an existing window into a sliding door.

     thanks

789. I believe that there is a new regulation with regards to windows and the allowable per square meter, what is the reason for this.

790. In your article about “foundations” in the article about the empirical rules for foundations as specified in SANS 10400-1990, you will note in the article that there is nothing about the depth a foundation needs to be for a house with a “tiled” roof or a thatched roof. You may want to amend this.

     Neil Rivalland.

791. Hi Penny

     One morning when I got up, I saw a brick outbuilding in my neighbour’s yard 5 cm from the wall that separates their stand from ours. It is a flat roof which “falls” towards our side. Not even plastered or gutters on “our” side. On second thoughts, even if they want to plaster, there is too little space for anyone to slot in between the wall and the outbuilding. I’m gobsmacked – is this legal?

792. HI Penny

     I found your site while doing some research about my own situation – a building dispute that has thus far lasted some 17yrs – and thought it might be of interest.

     http://viewsofthecity.wordpress.com/2013/09/09/no-relief-from-flabby-city-council/

     Our case continues, with no end in sight, and so acts as a good case of warning to people who may be at the beginning of a dispute. Record as much of the process as possible, engage with officials and other affected parties, and don’t let transgressors get away with murder.

     Many thanks

     Rouvanne

793. Christian, I’m really sorry but we are not equipped to give financial advice. If you don’t have capital and cannot raise a loan, then you aren’t going to be able to buy a plot, let alone build on it. Perhaps your municipality has some sort of incentive scheme that assists people in your position. Ask.

794. Klaasje it shouldn’t allow anything with more than a 100 mm diameter to pass through it. Please read the section about stairways for more information about balustrades.

795. All homes need regular plans drawn by a competent person Gillian.

796. Ashleigh the new regulations basically say that it must be an energy efficient system – not specifically a heat pump. Where a heat pump is used it must comply with SANS 10252 – which details everything to do with water supply (which I presume is the context you are referring to?)
     The new energy regulation – SANS 204 (2011) Energy efficiency in buildings states: “4.5.2 Hot water services
     4.5.2.1 A minimum of 50 % by volume of the annual average hot water heating requirement shall be provided by means other than electrical resistance heating, including, but not limited to, solar heating, heat pumps, heat recovery from other systems or processes.”

797. Nell, what kind of question is this? It is not only the roof that needs to be considered, but the entire load. Simplistically though, concrete foundations should never be less than 200 mm deep, or less than 600 mm wide. A good rule of thumb is that the width should equal the thickness of the wall plus twice the thickness of the concrete. Go figure.

798. Edward the local authority has zoning regulations that specify height of buildings. If you put your cursor on the Building Regulations Introduction tab you will see several of these in the drop down menu, that you can download. In some instances neighbour’s consent is required. However the local authority has an obligation to ensure that neighbors’ are not adversely affected by building plans that they approve. You do, in any case, have the right to object, though I am not entirely sure what the procedure is. Contact your local authority to find out.

799. Chris the National Building Regulations and Standards Act plus the deemed to satisfy SANS give guidelines on the building process. You can buy the Standards from the SABS or get ideas from the pages on this website. In terms of building as an investment, we are not able to supply guidelines. Sorry. But if you aren’t sure of investment potential and the various building processes involved, be very careful.

800. Richard, This sounds to me like a question in an assignment. Let’s make it multiple choice shall we?
     Choose the two correct answers:
     1. It allows air to enter the building
     2. It allows natural light to enter the room
     3. It is a means of saving energy
     4. They look pretty
     5. A roof light is easier to install than a window
     6. The National Building Regulations say you must have at least one roof light in a building
     Good luck

801. Hi

     Does one have one have any rights with regard to a neighbour wanting to extend his current house to a double storey?

     Obviously this will impact us adversely inasmuch as their building is fairly close to ours and it will both make our house considerably darker, and enable them to see into our house in a way that is not currently the case.

     I think their current building is built up to their building line and presume the extension upwards would remain in the same footprint.

     Your assistance in this regard would be greatly appreciated.

802. list two importance of roof light in a building

803. If the width of continuous strip foundations should be at least 600 mm for a tiled roof, then how deep must the foundation be?

     Thanks.

804. Hi, I’m thinking of building an apartment block (Cape Town) for investment purposes; what process do I need to follow? I need some guidelines ……

805. Hi

     I leave in an small town that is still developing and accommodation is very scares and lot of people including myself struggle to find a decent one.There are plot of lands that are available and are selled by a municipality.I want to buy a plot and build a block of flat in it.What must I do?and again I don`t have a capital.

     Any sudjestion will help

806. Hi Penny,

     We have been informed that is now a legal requirement that all new build houses are required to install a heat pump? Is this true?

807. Hi Penny,

     I am interested in building a prefab home and would like to know what the council needs from me to issue an occupation certificate. I know i need a Certificate of Compliance for the electricity and approved plans but since I am a newbie at this is there anything that I would need?

     Thanks
     Gillian

808. Thank you SO VERY MUCH 🙂

809. Hi Jenny-Lynn,
     I knew I had one on file somewhere and I have found it 😀
     It is the Tshwane form for neighbours comments/consent to do with encroachments etc. It is a 1 page form but will give you the template that you need.
     I have uploaded it to our downloads page here: download-regulations Just register (free) and login and scroll down to “TshwaneNeighboursConsentForm.pdf”
     I hope this helps.

810. What is the requirements number of cables that must be on the second level of a house’s balestrades, I have a builder that only inserted 3 cables, I am concerned that a child/animal might fall down due to the spacing being to wide?

811. Does anyone have a template or an example of the letter that is required from your neighbours when encroaching on the building line? Thanks.

812. Hi Ursula,
     Whoever put up the carport for you should know that plans have to be done or at least if it is “minor building work” that the council has to be advised about the carport. Unfortunately it is like driving at 80Kmh in a 60Kmh zone and saying to the officer that fines you, that you did not know it was a 60Kmh zone. Ignorance of the law is no excuse in most places in the world. That is why.

813. Kobus it depends on the local authority zoning and their approach. I suggest you call them and/or the NHBRC for clarification. Informal settlements generally aren’t regulated, while formal settlements are. It’s a bit of a mess!

814. Thank you for the prompt replay. Does this mean that all houses being build in a township Silika about 10Km from me have all been to be enrolled?, or all the owner builders have done a application for exemption. Or are black townships exempted?

815. Hi Kobus,
     The Law is that every new home in SA has to be registered with the NHBRC even if it is on a farm. But as an owner builder you take the responsibility for the build and so you can not claim for any defects etc. that the NHBRC warranty covers. BUT and it is a BIG BUT you must register by law as an owner builder with them. The “Owner Builder Exemption Form” form is on our Owner Building NHBRC page. As an owner builder you are not permitted to sell the house within a period of 5 years. Fines of up to R25 000 have been issued for non compliance. Your Civil Engineer should be aware of these laws.

816. Penney

     I am building a house on my farm plans have been submitted to the counsel and a civil engineer is overseeing my project. I do not have a loan from a bank to finance the project. I am paying for labour from a NHBRC registered contractor to do the brick work. I do not want to register my home with the NHBRC. Can they force me or the contractor to register. I am a owner builder.

817. Patti if your local authority requires plans then you need to have plans that show what is to be built. I think you are saying you have plans for a vibra-crete wall but want to build a brick wall, then yes you DO need new plans because the foundations will be different.

818. Natasha try to ascertain whether there were plans past for the stoep and braai. If there weren’t then it might be an illegal structure. It sounds to me as if the council people just want this problem to go away – so go into their offices and demand some answers. Good luck.

819. Natasha this is not covered by the NBR, it is rather a matter of public nuisance. Send him a lawyer’s letter – the municipality is unlikely to do anything to help you unless the structure is illegal.

820. On my previous comments we have contacted the municipality about 3 weeks ago, the will come back to us, we have been following up with them and it is always the same answer, we will get back to you.

821. Hi, our neighbor added a stoop with a build in braai about 3 meters from the fence, my house is 2 meters from the fence, he makes fire everyday not for a braai, just to sit there, the smoke is horrible and is in my house, the smell, the clouds of smoke hanging in my house, is this legal if not what or where can I go to as you cannot speak to them because according to him he bought his house and he can do what ever he wants. I live in Pretoria, Thanks

822. Good Afternoon, if we have had plans drawn an approved to put up a vibracrete wall in the front of the house, 4 high, if i want to build a wall as high as the 4 vibracrete approx 1m do we need to have another plan drawn an approved..

823. Yes Pat you will need plans.

824. I have two single garages built to form to seperate ones do I need plans to demolish and rebuild the same garages as the brick work is pretty old

825. Charesse, I have answered your question here.

826. Simon you will need to have plans drawn up by a competent person and have that person submit the plans to your local authority for approval.

827. Much appreciated, thank you very much

828. Hi

     I have purchased a house and build a garage and additional rooms.

     Is there a way to have the rooms be approved?

829. Our Neighbor wants to build a double story in the back of his house. I have an issue with this because our walls are not that high, and this double story house or flatlet will be high enough to look into our property. I would like to know if there are regulations that he needs to follow, and what are our rights with regard to this.

830. Part XA & X of SANS 10400 covers this Crispin.

831. No Anthea you won’t need plans or permission.

832. Tyla it is provided you have plans and any certificates required by the local authority.

833. Is it legal to convert a shipping container into a cabin in SA?

834. Hi,

     I would like to put french doors in where I currently have a window of the exact same size. Do I need to plans and permission?

     Thanks

835. Where can I find out more about the new regs regulating the amount of window area a house can have?

836. IF WE ONLY NEW.:Good day,Please help me understand why I had to pay a fine for building a carport ,I am staying in strand capetown and I used to stay in Krugersdorp. And did not know that you needed plains for a carport ,we did not receve a notice the notice was send to krugersdorp but I stay in the strand ,on the otherhand the sumons was given to us at my home adress in Strand capetown ,the very next day we made arange for plains to be draw and all papper work to be done as well as a affidavit to be handed in to be apporved,but the court still gave us a hash fine .please let me why ,Kind Regards Ursula

837. Thank you very much for your answer Janek! I now have a starting point.

     Kind regards,
     Anne

838. Hi Melissa,
     No you will not need plans or permission.

839. My house has never had a driveway and I was thinking of making one with crushes stones, do you think I’ll need a permit for that

840. Pam it depends on your local authority bylaws amongst other things. There’s an article on our sister site that might be helpful to you – Here’s the link – and another on this site.

841. there is a set of houses coming up next to my home i wanted to know what is the law on distance between my boundary wall and the new houses

842. Clive, I am not sure whether there is a specified percentage, but the local authority certainly has the right to call for plans.
     SANS 10400, Part A states “No plans, particulars or approval shall be required for any repair which has become necessary as a result of ordinary wear and tear or which is undertaken in the normal course of maintenance or upkeep of any building: Provided that where such repair will affect the structural loading or is a repair of any part of the structural system the local authority may require drawings or specifications to be submitted.” It doesn’t mention fire damage.
     SANS 10400, X & XA as well as SANS 204 (2011) both cover energy efficiency. They are not as specific as you infer, except in terms of fenestration and position. Here’s an excerpt from SANS 204:
     “4.5 Services
     4.5.1 Lighting and power
     4.5.1.1 Depending upon occupancy and activity, the minimum lighting levels shall be determined in accordance with the requirements of SANS 10114-1 and SANS 10400-O. Compliance with the relevant national legislation (see foreword) is necessary for safety.
     4.5.1.2 Designers are encouraged to use daylighting in their designs to reduce the energy used. 4.5.1.3 The energy demand (power) and energy consumption for the building shall be determined
     in accordance with the requirements given in table 12.
     4.5.2 Hot water services
     4.5.2.1 A minimum of 50 % by volume of the annual average hot water heating requirement shall be provided by means other than electrical resistance heating, including, but not limited to, solar heating, heat pumps, heat recovery from other systems or processes.
     4.5.2.2 The solar water heating systems shall comply with SANS 1307 and SANS 10106, based on the thermal performance determined in accordance with the provisions of SANS 6211-1 and SANS 6211-2. The installation thereof shall comply with SANS 10254.”

843. Hi Penny,

     Is it true that if an exisiting structure (house) is say, fire damaged (50 % loss) that local councils require new plans to be drawn up which must include “green” energy ie LED lighting / solar geyser etc prior to repairs being done by my insurance?

     Regards

     Clive

844. Hi Niki,
     I have had another look at the regs that you refer to and yes that is what they say – 1200mm. I don’t find any reference to the car portion of the ramp width only that it must be “suitable for the purpose”. The best is to ask the Local Authority what they require, maybe if you have other emergency exits then the ramp might not be necessary. It is always best to do this before the plans are drawn otherwise it could cost a bit to get the whole lot redrawn. Some municipalities have a “pre-scrutiny” option that can save a lot of time and money.

845. Hi Anne,
     Have a look at this page on our other site Owner Building: masonry-arches. You will see that the arch part of the opening is made up of bricks laid next to each other to take up and distribute the load from above. Even if it is a plastered wall the technique will be the same. By taking the arch away the whole structure is compromised and a lintel will have to be inserted to substitute the arch. This is not an easy operation as you do not want your wall falling down whilst this is being done. Make sure you get an expert who knows how to do this to do the job. And Yes all alterations need approval and in your case as it is a major structural change to the house then plans will be needed and possibly a engineers report but check with them before you attempt anything as it could be costly.

846. No Frederick you don’t need any knowledge about coding. You can though very easily pick up when people are using your site for their own purposes. Cheers.

847. Hey are using WordPress for your blog platform? I’m new to the blog world but I’m trying to get started
     and create my own. Do you require any html coding knowledge to make your own blog?
     Any help would be really appreciated!

848. Dumisani, You say you are in a township. This probably means that the plots don’t have title deeds, in which case I really don’t know how the boundary lines are policed. If you are in an area where plots are individually owned, there will be title deeds and these will show exactly where the boundaries are. The municipal bylaws will state how far from each of these you can build. Have a look at this article on our inter site, it may be helpful.

849. No Johan he is not permitted to do this. If he refuses to remove it, I suggest you report the matter to your local authority.

850. Amit, ask the council. This is not a building regulations issue.

851. The best thing Nick is to go and talk to the people in the planning department. Tell them your side of the story and ask them what you can do to resolve the situation. If they submitted plans – and you say that they have “expired” – does this mean they were never passed? Or does it mean that they were passed and the build not signed off? BTW Legally I don’t think that they can give you a date from issue of letter! In any case, go and talk to them before they start issuing summonses.

852. Hi
     We bought a house in 2012 (1st time home buyer) and the old owners had built a carport and patio awning a while back and prior to our purchase of said property.

     Today we received a Notice of Intent to prosecute re. the carport and patio awning as the plan submitted by the previous owners has expired.

     As I’m not too familiar with National Building regulations, please advise what we are to do as we do not want to go to court (have long drawn out and costly affair) and we want to resolve issue amicable with the relevant city council department in Durban.

     However they have not given as much time to do so (30 days from issue of letter which of coure we have received two weeks later via post, leaving us approx. 15 days).

     Appreicate any assitance/guidance in this matter

853. Hi ,

     The main entrance from the road to my property does not lead directly to the parking area. Is it ok for me to created another entrance adjacent to the current one ? possibly 7 meters next to the current entrance

854. Hi Penny
     Please help. I would like to find out that is there any rule that stipulates how far an outdoor building should be from a boundary wall especially if you live in places with small yards like a t/ship.

855. Hi Geoffrey,
     Yes you are allowed to, so long as the system you use has an Agrément Certificate. Have a look at the story we used on our other site Owner Building about Alternate Building materials here: alternate-building-technologies Paaiman Byron’s contact number is at the end of the story. To find the available systems that have been granted Certification go to this link: agrement.co.za/index.php?page=380 and search for “polystyrene” there are a few systems to choose from.

856. hi penny i am thinking of buying a stand in jeffrey,s bay and i would like to build my own house my self with polystrene block who would i have to contact to get started and am i allowed to do that .

857. Hi Penny,

     Our house has windows that are rounded at the top. I have wanted to convert them to rectangular windows for a long time. It’s not possible to just fill up the rounded part as the windows would be too low, so the entire window would need to be replaced and the top corners broken out. Will I need approval from the Roodepoort municipality for that?

     Thanks!

858. Hi Penny,
     I am designing a 4 storey parking garage and would like to know the minimum width for a one-way motor vehicle ramp. If the ramp is to include a pedestrian walkway of 1200mm as part of the emergency route and the width of the ramp is 3m that is a big chunk of my available space.
     Thanks,
     Niki

859. Hi Hugo,
     You don’t say where in SA you are, all municipalities have their own zoning by-laws that allow certain occupation densities in certain areas. There is a list of all the municipalities in SA with contact numbers here: municipality-contact Contact your local authority and ask them. There will be a few hoops to jump through before you will be able to start the conversion and there is no guarantee that the council will give you permission. Your application will have to be published in the local newspapers if you are changing the zoning and the occupation class of the garages that will change to a dwelling. Then there is the plumbing and sewage that has to be approved by the Health Department, they will assess if the system can accommodate that many units. I hope this has not put you off, best of luck. Let us know what happens.

860. Hi threr, i bought property, my neigbour extended the wall and put up n roof overlapping the wall in to my ground, are he allowed to do this?

861. Hi Lesiba,
     If you are doing maintenance and only replacing the decayed patio with the same or similar materials the no you do not need approval for that type of work.

862. Hi Penny

     I’ve just bought a property with an existing patio, which is not enclosed. I’ll be replacing the patio though because of some of the wood has started decaying. What I’d like to know is whether I need approval from the municipality for me to basically rebuild the patio?

     The patio will basically be made of wood and no foundation digging will be required.

     Kind regards,
     Lesiba

863. Hi Penny

     I recently bought a house with 6 garages. The garages was mainly used for storage of machinary etc. I want to convert these into flats.

     I am very new with this so I need to know whom to contact to see how many flats I can put up and an estimate on the costs.

     Please assist.

864. Tersia, honestly I think you are wasting your time. Insurance companies won’t pay out if the regulations were not adhered to, and I don’t believe you can hold the bank responsible. You might be able to hold your neighbour liable because of the trees, using the assessor’s report as “evidence”.

865. Thank you for your quick response Penny!

     Our situation is as follow:
     the house was built in 1982. We bought the house in April 2005.

     The one border wall has collapsed about 8 weeks back on a Sunday afternoon – when the wind was quite strong.

     The wall is ±2.4m high – single brick. Every ±3 meters the bricks are built double for one brick and then the wall is one brick back – if you understand what I am saying. After the next ± 3m, it is double again, and the bricks are in the front row again.

     Also: The neighbours has 2 trees next to the wall – which seems to be a big reason for the insurance, not wanting to pay out.

     The assessor came out, and this is his report:
     1. A section of the fair face brick boundary wall measuring 4.2 m length x 2.4 m height x .110 mm wide has
     collapsed
     2. The boundary wall is not built to the national minimum specification for free standing brick walls which is a.110 wide wall shall not exceed the height of 1,5 m and have pillars of 230 x 240 mm spaced at 1.8 m centres
     3. Two trees on the neighbours side is situated virtually against the wall, the base of the trees is pushing the wall and has probably contributed towards the collapse of the boundary
     4. The insured informed that this is the second time this section of the wall has collapsed. He had the wall rebuilt with brick force in every 3 layers. The rear boundary wall of the same dimensions was starting to lean over and he suspected that it would collapse and had a brick panelled precast wall erected in front of the original brick wall as there is open veld to the rear of the dwelling and his security would be at risk. The original rear wall has since the collapsed.
     5. He stated that ABSA bank did not inform him that the walls were not built to the national minimum specifications at the time he took out the bond. He felt that because he was not informed of this ABSA bank should be held responsible to rebuild the wall. I informed the client that he purchased the property as is with the
     latent defects to the boundary walls and therefore the bank cannot be held responsible’’

     We are trying to establish if we will have a case if we will contact the ombudsman. EG. if a law came into effect after the purchase date eg… Or will we waste our time with such a case?

     Your help will be much appreciated.

866. Tersia, The specifications for walls are contained in Part K of SANS 10400 (2011).
     These include:
     The average compressive strength of hollow and solid masonry units (i.e. bricks) used to build the wall should not be less than 3,0 MPa and 5,0 MPa, respectively.
     The mortar used for bricklaying should be class II and it must comply with the requirements of SANS 2001-CM1.
     There are several drawings and tables that indicate nominal wall thickness, maximum height and dimensions of piers required. The highest wall that may be built without piers may be 2,2 m and 290 mm thick – if built with solid units (i.e. bricks); and 1,4 m high and 190 mm thick (if built using hollow blocks).

867. Brynn the guidelines for suspended wooden floors is contained in Part J of SANS 10400. The Standard states that “A floor supported on ground or filling and which does not form an integral part of a foundation system, does not pass over or is not supported on foundation walls, shall
     a) be designed and constructed in accordance with the requirements of SANS 10109-1 under the direction of a competent person (civil engineering)…”
     & “Plain concrete panels that have a panel dimension greater than 2,5 m and 3,5 m, depending upon the proposed floor covering, fall outside the scope of 4.4.1(b)(2). Such slabs should be designed by a competent person (civil engineering) or be fabric-reinforced in accordance with the requirements for slab-on-the-ground foundations contained in SANS 10400-H to mitigate the effects of drying shrinkage.”
     It doesn’t state in the Standard that suspended wooden floors must be designed by an engineer.

868. Good day.

     Where can I find the national minimum specification for free standing brick walls and also when it was issued please?

     thank you so much

869. Hi Jean,
     What happens when the house is complete is that the building inspector is presented with all the relevant certificates from plumbers, electricians etc. Only then will the Occupation Certificate be issued. So if you have that one then it should be safe to assume all the others are OK. As it is a new dwelling I would ask for a site plan of the property to make sure that the building is sited on the erf correctly. Then get an approved house plan to make sure that what is on the plan is what was constructed. If there are any discrepancies then ask them to rectify this with council by putting in a rider plan. You do not want to have a situation at a later stage where you have to pay for an architect, submission and scrutiny fees as well as any fines that might be levied.

870. Elvis, ask the seller for proof of what she agreed to. It must be in writing. If she can’t provide this you can cancel the agreement to purchase. I am pretty sure you can also cancel it on the grounds that 17 sq m of the property has been taken by the neighbour – and or reduce the amount of your offer. You will probably have to do this via an attorney.
     The National Building Regulations state that boundary walls up to 1,8 m in height = minor building work and so don’t require plans. Some local authorities allow building up to 2.1 m without plans. If any higher than this there must be plans and the local authority will need to approve them.

871. Hi Penny,

     hope you’re well. I know that for the structural elements of a building (concrete columns, suspended re-inforced concrte floor slabs, concrete beams etc.) you need a structural Engineer to design and sign off as per requirement. But do you also need them for the design of a suspended timber flooring system? I have a client that want to add a double storey addition to his existing dwelling but does not want the concrete floor on the 1st floor. on the 1st floor are 2 bedrooms and a study/studio.

     is there any guide for this?

     Regards,

     B

872. Goog day, I have just signed an agreement to purcase a property and just discovered that the neighbours boundary wall is on the property that I am buying. And what is the legal height of a boundary wall in a residential area? What are my rights as a buyer as I have ageed on a price unknowing that the wall was on “my” property.thanks

873. Hi Tshidi,
     Your note is for Geno, we do not have anyone by that name here but I will answer your post anyway. Your builder is quite correct that the extra enclosed patio needs to be on the approved plan from council before they can issue you with an occupation certificate. It is up to the council to decide if you can occupy the house before the final plans are approved, you need to ask them. From what you have told me, you requested the enclosure after the plans were approved, which means you will be liable for the account.

874. I’m currently looking at purchasing a newly build house , with gas, etc. I would like to know what types of certificates I need to ask for in the offer to purchase to cover myself in the long run. All standard and certificate..what do I need?

875. Hi Geno.
     My house is almost complete and we are due to move in, in the next week or so. The challenge is that on the plan the patio is not closed and we had requested that it be closed and now the builder is saying that we could not move in as the plan must be taken back to town council for approval(enclosed patio). Can we be able to get a temporary occupational certificate and how much is the certificate and who should be liable for the certificate costs.
     Thanks

876. Thank you for your prompt reply, I’m very impressed. Joan

877. Hi Natalie,
     Just to add a bit extra for your info.
     Presuming the builder/developer is registered with the NHBRC then this clause from their website is relevant:
     “1. Three-months non-compliance period
     If a complaint relates to three months non-compliance, and a housing consumer has notified the home builder, the NHBRC will seek to resolve the complaint telephonically and through correspondence with the home builder. The NHBRC will pursue the home builder, so as to ensure that they comply with their obligations to the housing consumer in terms of Section 13 (2) (iii) of the Act, to rectify such defects within three months of the date of occupation. Rectification of minor defects will be undertaken by the Home Builder, not the NHBRC.”
     They also have a time limit on complaints for the builder: Three-month non-compliance: 21 working days
     Please have a look at all the details and procedure here: “NHBRC Lodging a Complaint”

878. No Nathalie, there is no specific law or standard that governs snag lists. And the longer it takes to complete your list, the less likely you are to get the things fixed. However, the developer – if representing as a building company – will need to be registered with the NHBRC and so you will be covered by their 5-year warranty. Or should I say, should be? Check that the company is in fact registered, and if you don’t get response from the developer, then appeal to the NHBRC for assistance. The other issue is your contract with the developer. You need to check what this says, and whether snags are mentioned. Good luck. Let us know what happens.

879. Hi Penny, we bought a house from a Developer and moved in on the 1st May 2013. We drew up our snag list and slowly but surely they were rectified. I am however waiting for completion of the snags and I would like to know is there a law or standard with regards to the duration of snag lists? We haven’t had any rains yet so we have not been able to detect any leaks. I am not getting any response from the Attorney or the Developer themselves and I would like to confirm the above before I take this matter further. Thanks.

880. Morgan you really do need an attorney. Nevertheless, here are our comments, but please note that we cannot be held liable in any way – we are not lawyers and don’t check our responses with lawyers before we post them.
     1. If there is no completion/occupation certificate, I would insist that the sellers provide one as part of the sale. Alternatively reduce your offer to be able to absorb the costs that you will incur getting this. Remember that you won’t get one if there is illegal building on site, or if there were no plans. You will have to have rider plans drawn up, and there is no guarantee that the local authority will accept them.
     2. As far as usufruct is concerned, unless there is something registered in the title deed, I am pretty sure that once the property is in your name that will be the end of it. However the seller will have to compensate the tenants for the rest of their lives. In other words, if you buy the property, it is not your responsibility to give them a place to live – but in terms of the usufruct, the family member has a responsibility. Check this with a lawyer.

881. Hi i am in a process of buying a house, i requested plans for the outbuilding that is existing on that property.I found the property does not have a completion or occupation certificate the last inspection that was done was in 1997, but there are occupants in the outbuilding and according to the will they have a usufract, and iam buying with that right.I like to find out is it a illegal occupation and alteration was done not according to plans please help urgent.
     thanks morgan

882. Hi Geno,
     Your particular question does not specifically fall under the National Building Regulations. It is more of a civil case and I would recommend you to get advice from an attorney. The “voetstoets” clause fell away a while ago and is now covered by the “Consumer Protection Act”

883. Thank you

884. Hi Penny,

     Thanks for the response and advise. I will contact the Municipality. Thanks

885. Peter, you can build your own house, providing you comply with the National Building Regulations (this includes having a competent person draw up the plans and follow through on the build) and any regulations that the estate itself has. e.g. Often estates require people to build in a certain style or use specific materials. You will though need to apply for an exemption from the NHBRC to “owner build”. There are several requirements – e.g. you won’t be able to sell the house for at least five years.

886. Geten, if this is a municipal storm water pipe it should be registered on the title deeds as a servitude. And you would have to liaise with the municipality in terms of what you can and cannot do. If it is simply a pipe installed to carry water off the property, you could move it, or build over it – providing you do so in the correct manner. Again the municipality would have to approve plans.

887. Dumsani, If the layout of your house is the same as on the plan (i.e. no additional rooms etc) it is unlikely that the bank will even notice. However a purchaser might measure and object because the floor area is slightly smaller than stated on the plans. To avoid any issues, contact the municipality and ask what you can do to note these inaccuracies on the plans. You shouldn’t need to have new plans drawn.
     The wall size is probably because of plaster, so I wouldn’t even worry about that.
     BTW rates are also assessed on floor area.

888. Hi Penny,

     Would you please give advise on the issue bellow.
     I bought an old house about 3 years ago and now I am busy renovating it with the intensions of selling it when the renovations are complete. My problem is that when the roof company came to measure the house so that they can build the roof they found that the house is 6.5m by 9.6m but on the plan its 6.0m by 9.6m. And on the plan the internal walls are shown as 90 and outer walls as 140 and when the building was done 100m was used for inner walls and 150m for outer walls and then the 2 bedrooms were suppose to be 2.815m each but when they built they made them 3.0m each as a result when adding all these the side wall is 6.5m when measured on the outside when its suppose to be 6.0m. Will this have the impact when the bank does the evaluation or 0.5m it too short to make cause problems on inspeaction. Sorry for the wrong story. Please advise I am panicing now. Thanks

889. Hi Basil,
     I have known the people from Terraforce for many years and I put your question to them as the experts, and this is the reply:

     It is necessary to call in an engineer to help with walls higher than 1.2m as retaining walls hold up tremendous weight and need to be properly designed to prevent them from collapsing.
     This is a guideline only but should help you find the right answers:
     1. Retaining walls over 1m in height should be designed by professionals, with calculations provided by structural engineers. They will assess soil conditions as well as the loading on the walls, contributing essential information to the design process. To ignore this could not only damage your property but potentially cause accidents should structures collapse due to a lack of experience in construction.
     2. Care should be taken during the construction of any retaining wall, as excavated banks can easily collapse due to soil type or heavy rain. Seek professional and skilled advice. Without careful planning, problems that arise out of shoddy or unsafe work could lead to a project taking much longer than it should.
     3. Soils such as heavy clay will have an impact on the design of retaining walls. These soils shrink when dry and expand when wet, creating additional problems for construction and maintaining the structure’s integrity through the seasons.
     4. Always consider the drainage implications of creating retaining walls and structures of any type. Inadequate drainage is likely to have serious implications in the long term.

     As far as the servitude, and I assume you mean “pipe” servitude, then the same applies, a low wall should be OK but any higher get the assistance of an engineer. As far as tar is concerned then yes you can lay tar over a servitude, but just be aware that if there is a problem with the pipe in any way then the tar will have to be dug up and relaid, more than likely at your expense. I hope this helps.

890. Hi Mark,
     It all depends on the zoning of the land that you intend buying. Different zones have different by-laws saying what percentage of the area of an erf is allowed to be built on, and how many dwellings and the number of people allowed to live in those buildings. The title deeds of a particular erf could also have restrictions registered on it that limit the number of houses and how big or high they are allowed to be. So I suggest that before you buy get the estate agent to get the relevant cadastral sitemap, erf number and zone restrictions for you to look at. You can take these to the Ethekwini council and double check before investing your money.

891. Hi, I’d like some advise please. I’m in the process of purchasing a property. It’s a deceased estate, and didn’t think the voetstoots clause would be an issue. However, when requesting the plans, I picked up that the house on the plan does not match the existing property at all. The sellers attorneys said “you have no recourse whatsoever as you purchased the property voetstoots”. Surely there’s limits to what is considered voetstoots. Such latent defects has not specifically been excluded in the deed of sale. Please assist.

892. Hi

     Can anyone one please help i have recently bought a property were a storm water pipe runs through the land i am considering building can i to so?

893. Hi Penny

     I have just discovered this useful site and I think it is amazing. Can you please assist me? I would like to build my own house in an estate, using my own money and my own builders. Will I be breaking any rules since I am not a registered builder?

     Paying off a bond for 20 yrs is not an option since I am not too far from retirement. Please tell there is way

894. Hi Penny

     Trust you are well.

     1. Please advise me when is there a need for a building plan submission for a Loffelstein Wall i.e, is it regarded as a temporary/permanent structure?

     2. Can a Loffelstein Wall or Tar paving be layed over a servitude?

895. Hey there! I’m at work surfing around your blog from my new apple iphone! Just wanted to say I love reading through your blog and look forward to all your posts! Carry on the fantastic work!

896. Angie, your best bet is to get quotations from three or four people. Alternatively go by personal recommendation from friends. You could also post this question on our Facebook page – perhaps someone will have an idea. Just say which area you live in.

897. thank you penny for your prompt response.

898. Boundaries as such are not set by the National Building Regulations Basil. This falls under the local authority by-laws. I personally have never been asked to submit title deeds when submitting plans (and we have built in areas governed by two different local authorities), but the local authority may call for these. There are certain things that are found only in the title deeds – e.g. servitudes.

899. Hi Penny

     1. Does the National Building Regulations have a section that covers building over a cadastral boundary, ie. doe the NBR prevent me from building over a cadastral boundary?

     2. Is it a requirment to submit title deeds when submitting a building plan to the Local Authority, in terms of NBR?

     Thanking you in advance.

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902. Hi, who can tell me what a reasonable rate for building plans is? We are wanting to enclose an outdoor braai area (approx 30m2) and make some interior changes (break through a wall or 2). How do I know if the quote I’ve been given is competitive?

903. hi.need help.I want know if once a land is bought,is there a law holding me from building duplexes,fourplexs etc?…I’m planing on buying a land soon but I want to build something that can hold four families.(2 families on top n 2 on bottom).what must I do in order to get my huge buildings up coz I’m venturing of into real estate.also if there is a rule what must I do so that the ethekwini can grant me permission to build a fourplex? I want to become a owner of many buildings on the future.many thanx guys

     Tristero

904. James, this is covered in an article under the section on Roofs, viz. Waterproofing Roofs. I have given you the link.
     The key paragraph is this one:
     “All roofs with a pitch less than 26 degrees or more than 45 degrees, and all roofs in coastal areas (to a distance of 30 km from the sea) should have an undertile membrane that is loose-laid so that water can drain between the rafters. If an undertile membrane is properly laid it will provide a very effective, impermeable barrier against wind-driven rain and dust. For this reason the SANS states that underlays should be provided for all slate and tiled roofs, no matter what the pitch (or slope), and where ceilings are not installed.”

905. Kevin – damage to your property? Probably not. You would probably have to sue your neighbour for damages. If I were you I would report him to the local authority!

906. Jonny I don’t believe there is anything in the NBR that deals with heritage buildings. Contact the SA Heritage Resources Authority. They should know.
     The City of Cape Town’s new Zoning Scheme Regulations that came into effect in March this year allow people to build right up to the boundary without neighbour’s consent (though they do still need plans). I can’t find anything in these by-laws that mentions distance to boundary walls > heritage buildings. It does say though that the National Heritage Resources Act, 1999 (Act 25 of 1999) must be complied with. But I can’t immediately see anything that gives this kind of guidance. I have given you the link to download the legislation. It seems to concentrate on “sites” – as does Part A of SANS 10400 – i.e. building on a heritage site.

907. Hi, we own a heritage house in Cape Town. A new apartment building is being constructed behind our home and is 3 stories high, close to the boundary wall, but I believe within regulation. What does the legislation say about building next to a heritage building (residential)?

908. I have a neighbour who has done several alterations to his building. He has removed internal wall upstairs downstairs and converted his garage into a bed room without planning permission.We are sectional title ( 3 units ) joined together. My question is will insurance pay out if there is any structural damage from storms ect

909. Is there a mandatory requirement for new construction or renovation work to install a plastic membrane between the roofing tiles and the trusses to provide run-off protection from any water ingress assocaited with storms?

910. Stuart if the fence is in the wrong place, then you don’t have any recourse. But you can demand that your neighbour has an independent survey (by a qualified and registered land surveyor) done to prove that it is in the wrong place! Don’t just take his word for it.

911. Hi – We live in a fenced complex that has been established for over 20 years. Our neighbour is now disputing the boundary fence position. Do they have any recourse after the fence has been in place for so long?

912. Jacque you need to contact your local authority i.e. council or municipality.

913. I need a permit for workers on site – where can I get this permit – for instance window cleaners in a corporate office. 3 story building.

914. many thanks for your help

915. Mari, I think you need an attorney who has experience in the building industry. I really can’t give you any further advice. My opinion is that the council is way out of line. It goes much further than responsibility and accountability. I would get affidavits from people you know who can concur that you did not build ANYTHING after the occupancy certificate was issued. Even write a letter stating the facts, and ask people to sign it. But include a paragraph that states they are willing to sign an affidavit if necessary.
     eg
     xxxxxx (details of the house – address and stand no. etc)

     I ….. confirm that when Mari XXXXX purchased her home in XXXXX the house and all other structures that are currently on the stand were in place. I visited her at her home shortly after she moved in, and can vouch that nothing has been built since then. If required I am willing to sign an affidavit to this effect.
     Yours sincerely,
     ……. (signature)
     ……. (name)
     ……. (contact number)

916. Hi Penny thanks for your response. Unfortunately the Agent died of cancer and the Agency closed down. I have taken your advise and contacted Attorneys but to add to my dilemma I have been given different interpretations on a Building Inspector’s duty and responsibility for issuing a CO. Since I need to be certain about my stand, as the Buyer of the property which was developed/built up as it stand today for more than 5 years now and for which a CO was issued. As mentioned before, the Council is now accusing me to have erected additional structures without Council’s approval (no structures were erected since the issue of the CO). For this I would need to find a paper or an authority in this field to obtain a clear definition of a Building Inspector’s responsibility/accountability. Your help would be highly appreciated.
     C
     C

917. Yes Mari I think it would be a good idea to go to an attorney. Also, I think that the agent has a responsibility if the revised building plan was supplied by that person. They are the experts and should have advised you that the plans had not been passed. However, the other factor is that you did not build the structures – and you should get an affidavit from the agent to state that the buildings/structures were in place when you purchased the property. Good luck and let us know what happens.

918. Hi Penny
     Thank you for your advise. Yes, the summons issued states that the Owner (I am the owner) unlawfully and intentionally built/additional to the house a garage, boundary wall and positioned a security gate which encroached HOA Property. A copy of a revised building plan showing the structures in question was given to me by the Agent who handled the transaction at the time, however, I noticed the copy of the plan has no Council stamps on it so I do not see that it would have any argumental value. The Purchase Agreement handled by the Agent in my absence makes no reference to specific structures or alterations which formed part of the negotiated package and is basic in its format. Council started to act at the same time the Owner/Developer of the adjacent Erf started to developed it. I have already submitted rider plans but the unapproachable and aggressive Owner of the adjacent Erf complicates the issue. I was under the impression that a Certificate of Occupancy issued by the Authority would safeguard a buyer. I was naïve to belief this and to protect my interest in this regard I give strong consideration to protect my interest by engaging Legal Experts

919. Mari, Have they told you what structures do not comply? And do you still have the plans from the building package you opted for? Are they claiming that you have erected certain structures since the certificate was issued? And are there structures on your property that are totally different to those on other properties on the same estate?
     While it certainly was the building inspector’s job to make sure the building/s complied before issuing the certificate, if they are saying you did building work subsequently, you need to counter this. If you have proof from the original building package you accepted, that will probably be sufficient. If the structures in question are the same or similar to others on other properties, this will also count in your favour. The thing to do is to sign an affidavit (get it stamped at a police station) stating that the property is exactly as it was when you took ownership. To strengthen this, get other people to do the same for you.
     Lastly, do you know why the council is suddenly taking this action, and have they made any demands of you – e.g. to submit a rider plan?

920. Justin, It seems clear from what you say that he is building without plans. And in most parts of SA anyone wanting to build on a boundary needs neighbour’s consent. While some of the extensions may be deemed minor building works, he is obliged to notify the local authority that he is doing such work.
     I suggest you contact the main building control officer – or chief building inspector – at your local council/municipality and ask them to do a site inspection. You might also want to put an objection into the council – in writing – about the building on your boundary.

921. Approximately 5 years ago I purchased a property in a Security Estate (Building package) from the Developer who erected all buildings and structures as it stands today. Although I am in possession of a Certificate of Occupancy was issued by the Council to the Developer at the time, I am now notified by the Council alleging that I have contravene the Building Regulation Act by unlawfully and intentionally erected additional structures without written approval of the Council (this of course is not the case). It would appear that the site plan on file at the Council does not correspond with the actual structures erected on site. Surely it was the Building Inspector’s duty at the time to demand compliance from the Developer before issuing the Certificate of Occupancy. The Developer who was a Member of the Gauteng Master Builder Association has since liquidated the Company. The question I have is – WHAT IS MY LEGAL OBLIGATION IN THIS CASE? WHAT IS NEEDED TO REMEDY THE DISCREPANCY?

922. Johannes, the regulation you are quoting relates to construction work. I think that you need to contact your local authority to find out about by-laws that relate to the sort of noise you are referring to – music, loud speakers etc. Good luck.

923. 83 Substitute the title of Regulation F6 with the following:
     CONTROL OF UNREASONABLE LEVELS OF DUST AND NOISE
     84 Substitute sub-regulation F6(2)(a) and F6(2)(b) with the following and renumber F6(2)(c) as
     F6(2)(b):
     (2) (a) No person shall during the course of any building, demolition or excavation work
     use any machine, machinery, engine, apparatus, tool or contrivance, which in the
     opinion of the local authority may unreasonably disturb or interfere with the amenity of
     the neighbourhood:
     (i) on a public holiday or Sunday
     (ii) before 06:00 or after 17:00 on any Saturday; and
     (iii) before 06:00 or after 18:00 on any day other than those days contemplated in
     subparagraphs (i) and (i)
     Does this apply to loud speakers mounted on a roof of a building?

924. Hi there

     What can be done to a neighbor that is building/expanding there house with no plans? I asked him about the plans an he said the builders knows what he is doing. :\ I have a neighbor that removed the sink roof and build a tile roof on the existing house but the house levels needed to be raised to be able to do this and he has expanded he garages to 3 garages on our boundary wall?

     Thanks in advanced

925. Thank you Penny

926. Jaco I doubt very much that any insurance company will pay for bad building standards. But you can of course try. And unfortunately, due to the time span since you purchased the property, I don’t think there is anyone you can claim against in terms of liability.

927. Hi,

     I bought a house 16yrs ago and the pine trusses span 12m and spaced 1m appart with a double Roman tile roof. Now the roof is saggging to a dangerous degree.
     Can I claim from my insurance since incorrect standards were used when building the roof. It looks like the lounge was made open plan en a mid wall was removed hence the long span.
     Thank you

     Jaco

928. Good luck!

929. haha, yeah iam doing a project. single storeys are better but they both have their ups and downs. thanks

930. Rogers I am not an architect with that kind of training. You’re going to have to do some of your own research. Sounds to me like you’re doing an assignment 😉

931. hi again. would it be better to construct a single storey or double storey if im looking at it from a green buildings perspective and what reasons would either be better?

932. Unreasonable noise levels is covered in site operations. I have given you the link. The actual wording from the regulations says: “The owner of any land on which excavation work is in progress or on which any building is being erected or demolished shall take precautions in the working area and on surrounding roads and footways to limit to a reasonable level the amount of dust arising from the work or surroundings thereof.” So certainly not the lifespan of the building – unless you are referring to something else – because I don’t see the phrase: “during the course of a building “.

933. In the context of noise?

934. Johannes in what context?

935. Hi Penny,

     what does during the course of a building mean? Does it mean during construction or during the life span of the building?

     Regards
     Johannes

936. Liezl you should not be doing anything with electrics unless you have a qualified and registered person working for you. IT IS DANGEROUS! That’s why the legislation is in place. You need to ask for the certifications relating to electrics. The seller is very definitely responsible for rewiring unless you buy the house, accepting that the electrics are not up to standard. Do NOT conclude your deal until you have agreed who is responsible. You could end up with HUGE problems. The fact that the seller bought the house has zero to do with it.

937. Hi Penny,

     I’m in the process of buying a house, I’ve already started alterations with the current owner’s permission but I’ve now realised that all the wiring in the house has to be redone as it basically crumbles in your hands. Would the seller be responsible for the cost of rewiring the entire house? I’ve tried to read up on it, but I’m unsure about what the latest legislation is. I know he has to produce an electrical certificate that’s no older than 2 years, but I want to be sure about who’ll be carrying the cost of rewiring. By the way, the seller bought the house on auction and never lived there himself.

     Thanks so much,
     Liezl

938. Juliet you can have rider plans drawn up by a competent person. You then submit them in the usual way. Presuming you followed good building practices, you should be okay. BTW if they were not structural alterations – e.g. partitioning rooms or removing non-load bearing walls, you don’t need to submit plans.

939. Hi there

     My husband & I bought when we were in our 20s and being young and stupid we did alterations without plans – years later we discovered that our mistake but we are now not sure how to recitfy it.

     What do you suggest ?

     thanks

     Juliet

940. Rogers, I have written an article about green roofs and another about cool roofs for our sister site, Owner Building. Have a look at the links.
     Regarding materials, it isn’t that important; what is vitally important is insulation and fenestration (glazing etc). The so-called “green” regulations that you might want to look at are SANS 10400-XA (2011): The application of the National Building Regulations Part X: Environmental sustainability Part XA: Energy usage in buildings & SANS 204 (2011): Energy efficiency in buildings.
     HVAC systems are not specified under the National Building Regulations and I am not an expert on rainwater harvesting systems. I assume it would be easier to pump the water out if it was above ground.

941. hi penny

     i would like to know what type of materials i should use for the walls and roof of the house considering it has to be green and should be a three bedroom house. so which materials would be best and also what are the laws on HVAC systems. also is it better to have rainwater harvesting system underground or above ground

942. Lisa I have answered so many similar questions, if you go to the page on General Principles and Requirements you will see some of these. Essentially, if you buy the house with a bond, the bank will need the plans and they should pick it up. Then it will be up to you and the seller to agree on who fixes the problem. But until you have agreed to the purchase the property, it is their problem. And you can legally withdraw the offer on the grounds that they did not tell you that certain things are not on the plans. Sometimes a local authority will also pick up this kind of thing. For instance if there are outstanding rates and taxes, a building inspector may call to check the property, and the seller will be required to submit acceptable rider plans before they will give a municipal clearance certificate. Probably the best thing for you to do is to contact the planning department of your local authority and ask if plans are required for the changes you have noticed. People so often do illegal additions, you could end up with a headache later down the line. However, it might be that the work is regarded as minor building work.

943. We have put in an offer on a house and have managed to obtain a copy of the plans but have noticed that some of the changes to the house have not been approved ? What are our rights and what should we do ? Any advice ?

944. Mynie, this work needs to be done by a qualified and registered plumber. I co-wrote several books on plumbing for the FET colleges and there is far too much information to give you here. You cannot do a DIY job by simply following a standard.

945. Where do I find a standard or guideline for the correct installation & securing of domestic water piping.
     Also the protection of copper water pipes that are to be built into the walls

946. David there are no specific building regulations that relate to shipping containers, and I know there are people in this country who have used them for offices, storage sheds and even homes. If you’re going to live in a container, it will need all the things like plumbing, electrics, ventilation, stormwater disposal etc. – and so you will need approved plans. These will need to be done by a competent person (e.g. an architect or engineer).
     I don’t know how easy it will be; I remember years ago Trix Pienaar (the actress) using a train carriage for a holiday cottage at Pringle Bay. She had plans drawn by an architect, but the local council (Caledon) made it very difficult for her. The end result though was stunning. Good luck.

947. Good day,
     I would just like to find out if there are any building regulations regarding using shipping containers to build a house? I’ve seen some nice pictures of container houses overseas and would just like like to know if you would need plan approved and could one do it oneself?

     Many thanks
     David

948. The quick response and the helpful information are highly appreciated! Thanks, Penny.

949. Here’s a link to the article about temporary buildings.

950. Sherilyn, If I were you I would alert the local authority’s planning department (chief building inspector) about this structure. The fact that the man has stated it is a temporary structure should also be relayed to them.
     SANS 10400-A defines a temporary building as “any building that is so declared by the owner and that is being used or is to be used for a specified purpose for a specified limited period of time, but does not include a builder’’s shed”.
     Furthermore, the fact that it is “a temporary building” doesn’t mean that he can simply erect the structure.
     The SANS states: “Where in any application the owner of any building has declared such building to be a temporary building, the local authority shall, before granting provisional authorization in terms of Regulation A23, assess such building in relation to ––
     (i) the intended use and life of the building;
     (ii) the area in which it is to be erected; and
     (iii) the availability of suitable materials from which it may be constructed.”
     In terms of plans, “in the case of any temporary building, only such plans and particulars as are contemplated in Regulation A23 shall be submitted.”
     I will add a post that explains what Regulation A23 requires and add the link in a separate comment later today.

951. You need to get a competent person to draw up plans that meet the requirements for this type of occupancy – which is found in SANS 10400-A: 2010. A3 = “Places of instruction
     Occupancy where school children, students or other persons assemble for the purpose of tuition or learning.”
     This same person will then submit the plans to the local authority and ensure that the building is erected/constructed according to the plans.
     Some structures are considered to be minor building – the only possible “wendy house” would be “childrens’ playhouses that are no more than five square metres” in area. I doubt that would be large enough.

952. Rogers what sort of advice/information are you looking for?

953. What is the requirements for putting up a wendy house? I want to use it as a simulation room for demonstrations for students. The wendy house will be ‘turned’ into a classroom at a daycare centre (creche for pre-schoolers).

954. Hi Penny
     I came across the website at the right time.I stay in a newly development residential area. when there is still lot of vacant property around. The Vacant plots have owners’-and just recently a temporary structure was built that is quite an eyesore (not a shack but made of concrete fencing-andglass windows with a tin roof).-We approached the owner of the dwelling who said that it is a temporarystructure while he builds. He was very Suspicious and first didnt want to disclose anything. Electricity has just been added to this structure,Do we have any rights against – this building which is obviously goingto decrease the price of our neighborhood.4n we request him to show as his plans, etc?

     pls advise

     Regards
     Sheril

955. hi penny in doing a project on green buildings and would like to get your advice on a few matters, is it possible to get ur email address to make it easier. thank you

956. Michele I think that the time frames are governed by the local authority. And chances are the whole scenario is open to exploitation. When you contact the authorities you need to make sure this is in writing and it is acknowledged – in writing.
     Start by contacting the local authority (and back this up with a letter – get it signed) asking these questions.
     The stupid thing is that your neighbour could have his entire build compromised. Have you tried to talking to him?
     Unfortunately I think this kind of case may need a lawyer – which means money…

957. Gabriel you will need to take all the usual National Building Regulations into account – which are covered on this site – but you will also need to research what environmental regulations come into play. Unfortunately we haven’t addressed these yet.

958. eix am a 2nd year student doing nature conservation
     at Tshwane University of Technology. i have given assignment about what are the laws,regulations and activities needed to be done to build a hotel in nature reserve. may you please help me with a source if information

959. Hi
     The person across the road from us started building renovations in December 2011. He moved out to do the building. It has been 17 months…. He is changing it to a double story. It has half a roof, raw brick walls, no windows etc. No where near completion!! We keep having trespassers on his property. Which puts us all at risk. He put half the roof on in December 2012 and NO building since then. More than the required 3 months. We have contacted council, Matthew Kempthorn our ward councillor and the law enforcement for our area and have had no help. What can we as neighbours do to? How long can one leave a house vacant as a building site? How long do you have to complete a building project?
     Hope you can offer us some advice.

960. Karen, first of all if you have been building homes for the past four years without being registered, you have been operating illegally. By law anybody in the business of home building must be registered with the NHBRC and all homes must be enrolled, whether a bond is required or not. Here is a LINK to the NHBRC web site where you can download the documents required for registration. Your subbies don’t have to be registered.
     In terms of Standards, all buildings must be built according to the National Building Regulations & Standards Act – SANS 10400 gives the requirements that are “deemed to satisfy” this legislation. If you don’t know these standards how on earth have you been building houses that comply? The NHBRC also has two handbooks that give additional information in terms of construction.
     If you are building houses, you should also be getting plans approved by the local authority. And in terms of the legislation that was passed in 2008 (five years ago), only a “competent person” may draw these plans PLUS this competent person must be responsible for the build. So if you aren’t a qualified and registered architect, engineer or one of the other people who qualifies as a competent person, you have a problem.

961. Keenan, another student asked exactly the same question yesterday. You can see my reply HERE. You should be able to get info from the other pages on this site – and possibly from our sister site, owner-building.

962. Jabulile you can read more about boundary walls here. Probably what you should have done was chat to your neighbour before you built the wall since he/she will get benefit from the wall. But I don’t think there is anything to force you to plaster it, provided it looks neat on his/her side, and is safe and sound.

963. Hi There.
     I recently built a boundary wall and plastered my side of the the wall now the neighbour wants me to plaster their side of the wall is there any law or regulation with regards to this?

964. hey penny

     im a student doing my 2nd year in Buliding.we have a assignment and part of the requirements is to write a report on what needs to be done to ad an additional floor to a single storey dwelling(requirements before commencement of work and how to construct) can you help me with some sites

965. Hi penny. I have been building and renovating homes for the last four years. I now want to build another new house in Johannesburg. This time we need a bond and the bank has asked for nhbrc certification. Can I register my cc for nhbrc, and still use my usual contractors, builders and suppliers ( most are not registered ) as my subcontracts. Will this meet nhbrc regulations. Also where would I find details of the nhbrc standards so I can ensure that as we build our structure does meet compliance standards

     With thanks karen

966. Sean it is not clear who has indicated that you need plans. In terms of the National Building Regulations, “open-sided car, caravan or boat shelters or carports that do not exceed 40 square metres in size,” are regarded as minor building work and do NOT require plans – though if you go to the link I have provided you will see that you do need to notify the local authority that you are building. Also, the local authority may require plans for some minor building work – it depends on the local by-laws. But generally an afdak that is less than 40 sq m in size will not need plans.
     I would contact the local authority and ask whether the structure needs to be indicated on the plans – point out that you know it is minor building work. But it really is their call. And if they do need plans you would simply need a rider plan that shows the structure on your site plan as “new” plus a plan of the structure itself.
     Rather check now than have something like this hold up a sale later on.

967. Hi,

     I am in the process of wanting to sell my house, but have come accross an issue with an addition I have made. About two years ago, I added a carport or “afdak” behind the house, and due to the size did not think a building plan was necessary. I have subsequently also read that for a roof of less that 40 sqm, I don’t need plans.

     After consultation with the Estate agent, I am now not sure if plans are needed or not as they have indiacted that I do need one, and that is should not be a problem and that I can jsut contact an architiect, have him draw the adjustments and submit it to the municipality.

     What would be best option be, and would I need to submit changes prior to selling my home

     You assitance will be appreciated

     Thanks
     Sean

968. Mathaeus, The statutory body that regulates the engineering profession in South Africa is the Engineering Council of South Africa, ECSA. They should be able to give you the information you require in terms of code of conduct etc.
     Consulting Engineers South Africa (CESA) and the SA Institution of Civil Engineering (SAICE) are two of several voluntary associations for engineers in this country. I have posted links for you to get to their various web sites.
     In more general terms, an engineer is just one of several people defined in the National Building Regulations as “a competent person“. You don’t necessarily have to appoint an engineer as your competent person – it depends on your project. Whoever you choose to use as your competent person, would need to liaise with other role-players.
     In terms of inspection, SANS 10400: Part A General Principles & Requirements states that “general inspection by a competent person of a system or measure or installation of a building, or part thereof, at such intervals as might be necessary in accordance with accepted professional practice to enable such competent person to be satisfied that the design assumptions are valid, the design is being correctly interpreted and the work is being executed generally in accordance with the designs, appropriate construction techniques and good practice but shall exclude detailed supervision and day-to-day inspection”.
     There is also a detailed table in Part A that gives the “approved competent person appointments”, including the nature of duties required. It starts with Duty 1 which = “Demonstrating compliance with the requirements of the National Building Regulations in terms of Regulation AZ4(1)(b)(ii).” The table is detailed and runs through the whole list of requirements stating which type of competent person needs to fulfill each duty. Many of these do require an engineer or other specialist – whom your appointed “competent person” would call in.

969. Darius there is no set of regulations that apply specifically to kitchens. All apply. Particular attention should be paid to plumbing and electrics. If you read the information on this site you should find the answers you need.

970. Hi Penny

     We want to buildt an extension to our house for my in-law to stay in. We want to included a kitchen. What is the correct way and regulations when it comes to a kitchen? What are the regulations?

     Regards

     Darius

971. Prashila, Contact your local authority’s (council/municipality) planning department and ask them to send a building inspector to investigate. Some municipalities (e.g. City of Cape Town) allow a certain % of building right on the boundary without neighbour’s consent – though they do need to have plans approved before they build. But as far as I know, this is not the case in Gauteng. And again, as far as I know, neighbour’s consent is needed and approval takes quite a while.

972. Steve we have added a page that deals with electric cables etc. I think you will find it useful. This is the LINK.

973. 21 Sirkon Ave. Extension 5, Lenasia – STAND 5958

     I looking for a website, My neighbour is buidling a double story house, The space between my house border is only 2 bricks away, The buiding on the border. Note the 3rd floor , the very last floor, he has a open plan court yard. No. we did not sign any building plans, or notified. Note there is no privacy for me. Please i need some guidance, on who do i contact. Please assist me urgently.
     Thanks
     Prashila

974. Steve there is quite a lot of info on the section on roofs on this site, including details about the pitch (degree) that is allowed. It also explains when waterproofing is required.
     If you bought the house voetstoots (which is usual) you have no recourse to the previous owner.
     I think your first step is to get a copy of the plans from the municipality and see what pitch was required – and allowed. It is very unlikely that a building inspector would have passed a building that did not comply with what was in the plans – and the council is very unlikely to have permitted a house to be built that did not comply with the NBR. But you need to do a paper chase to check this.
     In terms of electrics, cabling is commonly plastered into the wall. If it is run through conduit, the conduit is plastered into the wall. Start looking at the walls in houses and you will see lots of “ruined” plaster. You are unlikely to find cables/conduit on the surface of the wall.

975. Chris contact the municipality and tell them that you can’t get hold of the building inspector. There must be other people who can assist you. If your property is next to a farm then you can probably, very easily, get approval from the owner for a rider plan.

976. I was hoping my error wouldn’t create any problems, I have been battling to get hold of the Building inspector for some time now all his numbers are unavailable. My property boundary is bordering a massive farm size bush that might never get developed. I’ll try get someone out to advise me. Appreciate the feedback

     Kind regards
     Chris

977. Chris, Yes – unless you can persuade the council to pass a rider plan. Having said this – some years ago we built a house in Hout Bay and when we started digging the foundations, we discovered that the neighbour had basically done what you have done and water from his soakaway was seeping onto our property. We reported this to the building and health inspectors and they did nothing to force them to rectify the situation. We had to move the position of our house which led to us building on a much steeper slope than intended with all kinds of cost implications. Mind you, when the building inspector came to check the foundations, he said that they were in the wrong place … he was holding the plans upside down! Then when we built a cottage in Pringle Bay – when the building inspector came to check the septic tank, he discovered that the bricklayers had used the internal dimensions as the external dimensions – and we had to break down two walls and enlarge it.

978. Hi Penny

     I made an calculation error when I buried my septic tank and build my soak away, instead of 3m from the boundary line, as the building line indicates I put it right next to the boundary line. Would this mean I will have to dig up everything and redo all of it again?

     Kind regards
     Chris

979. Hi
     I bought a house in Kloof in KZN around 3 years ago and the roof has started leaking, the insurance company say they will not cover any repairs until the roof has been repaired and the pitch raised, as water is pooling in the middle of the roof.
     The roof is corrugated metal, and is almost 100% flat, with no waterproofing.
     My question is, was this building built legally and do I have recourse against the previous owner who built the house, or the building inspector who passed the house?
     Another issue you may be able to help with is the electrical cabling is all plastered into the wall, not run in conduit, which makes repairing any faults very difficult as I either have to chase the cable and ruin the plaster, or run new cables on the surface of the wall.
     Is this a legal way of running electrical cables?

     Thanks for any info
     Steve

980. Here are two articles that should help you. One on our site SEE LINK – and another on our sister web site SEE LINK.

981. How do I go about finding out the rules/regulations governing responsibilities around shared walls? My neighbour’s palm tree is uprooting our shared fence/boundary wall, and it needs to be fixed. Also, the problem is going to continue as long as she has that tree – but she won’t hear of getting rid of it or fixing the fence.

982. I am not sure what you are saying – who never handed in a plan for the building?

983. You don’t say who is demanding plans. Has the council approached the owner for plans perhaps?

984. Janita, The local authority is the municipality or city council (or in the case of for e.g. Cape Town, Johannesburg etc The City of Cape Town etc). Contact the Institute of Plumbing http://www.iopsa.org.za/ if you need more info.

985. Basically if you look at this article on minor building works you will see that caravan or boat shelters or carports that do not exceed 40 square metres in size do not need plans. However you do need to inform the council that you are erecting the structure.

986. Hi Chan,
     Be very careful buying a house when the local council does not have any plans or partly missing plans. This can be a costly thing not only with getting a “competent person” to draw up and submit the plans but also the penalties from the council could be quite severe. If you require a bond to be able to purchase the house then the financial institution will require the property to be inspected and if there are any missing plans these will have to be done before a bond will be granted. These costs usually have to be covered by the seller. If you are buying for cash then I suggest you get a few quotes for the plans first and then ask the council what the submission fees and penalties will be.

987. I want to get a company to build a double carport (6×6.5m in front on my garages) at my place. Will they need to apply for plans at the city council here in Krugersdorp and inform the council that they are going to build this carport? Do they also need to draw up an plan for this? Please advise.

988. Hi Penny:

     My apologies for the misstatement, I am totally clueless with regard to all of the different aspects. This response that you just gave me is perfect, thank you so much for the patience. One last question…do you perhaps know who the local authority on these building standards?

     Thank you very much for all the trouble.

     Kind Regards,
     Janita

989. Janita you asked about health and safety standards, but now seem to be referring to building standards. I am really not at all sure what you want to know. If a property owner does not comply either to the health and safety standards, or to the National Building Regulations, and someone for example falls and is injured as a result (perhaps slips on a bathroom floor or gets scalded by a shower), then the owner might be sued and held responsible for injuries. This will be up to the court to decide.
     A plumbing certificate shows that the plumbing is up to standard. I’m not sure what you mean here? If the plumbing isn’t up to standard then the owner is liable.

990. Hi Penny:

     That does not seem to answer the question I have. More specifically, if I am renting a house from someone what is the basic standards of safety which the bathroom needs to comply with before the owner is held responsible for transgression of the safety standards. This would pertain to the plumbing certificate issued when a house is sold. I hope that makes more sense?

     Kind Regards,
     Janita

991. You can download the Occupational Health and Safety legislation HERE.

992. Hi:

     I am looking for more information on the health and safety regulations pertaining to bathrooms, during and after construction (legislation on the subject). If anyone could point me in the right direction on that, I would really appreciate it very much.

     Kind Regards,
     Janita

993. They never handed in a plan for the building. It has just an office inside rest is floor space. We use it for funiture manufacture.

994. rent ing building on plott Kelly’s view Bloemfontein. The owner gave us the go ahead to put up “Af dak”
     next to building. it is latch on to building. They say now after 2 years they need building plans for “af dak”. is this true

995. We are in the process of buying a home in Monteseel, Durban. There are no plans what so ever with town planning and the current owner has added a front patio and extended the kitchen. We are looking at doing the plans ourselves once we have bought it and getting plans drawn up and approved so that we have a legal building. How do we protect ourselves in terms of if any fines are given by the town planning, or if they find something they consider illegal? When there are NO PLANS ANYWHERE? Inspect a home had seen the home a year ago and were happy. In terms of the small extention to the kitchen, we had a building person look at it and didnt see any fault anywhere. Where likely do they find illegal problems that get to the point of getting it demolished?

996. Debbie, it depends on the size of the carport. Please read this article – CLICK HERE – that explains about minor building works. The other issue is the building line as you cannot simply build up to your boundary. Here’s another LINK at our sister site ownerbuilding.

997. Hi Rose,
     You have also asked this question on our “contact us” page so I will answer them both here. First of all, the carport installer needs to advise clients correctly as to what is required by law. The National Building Regulations has a clause that relates to “minor building work” that specifies “open-sided car, caravan or boat shelters or carports that do not exceed 40 square metres in size” are regarded as minor building work and do not need plans. So your 3×3 metre (9 sq m) carport certainly is within the law in terms of minor building work. BUT the other part of the same regulation states that any structural building work that is defined as “minor building work” requires you to notify your local authority’s building control officer before you commence with any work. You need to be aware that they have the right to demand plans if they deem them to be necessary. However, if you had make an application and receive the necessary permission from the local authority, you DO NOT NEED PLANS.
     My suggestion is that you go and speak to the Cape Town planning department very nicely and explain that the people who built the structure for you advised you did not have to do anything. Let them decide what you need to do next. You might also approach the company who did the work for you and ask them to assist in sorting out this matter, because if they don’t it could play out in a negative manner for them as you’ll have to advise the City which company was responsible and how it seems they are misleading the public. Make sure you emphasize to City officials that you understood these people were the experts in their field, and that you believed you were doing everything according to the law.
     Let me know if you need further advise – and please let us know what happens. Good luck.

998. I applied for a carport last year and was erected. the size was 3 x 3meters at a cost of R5000. This was done by a well known company. I’ve asked the salesperson as well as the manager of the company if we do require a plan to be drawn and they told me as long as your neighbours is ok with it.. then its fine. Now, a year later.. ive been approached by the City of Cape town for a plan to be submitted. However, i’ve been sold a carport under false pretences eventhough i’ve requested if this plan was necessary as i had money at the time and was able to pay for it… what do i do… i personally don’t feel that im the one responsible. please advise.

999. Dear Penny,

     Do you require plans if you are erecting a carport on the side of your house?

1000. Hi Erika,
      You should be able to obtain a copy of the plans from the City of Johannesburg (the local authority). Go to the Planning Department and apply for these. I am not sure of the exact procedure (all local authorities have their own way of doing things), but you will have to give them the erf number and probably proof of ownership. If you got a bond from a bank when you bought the house then the bank will have the title deeds and possibly also the plans. They normally have properties inspected before approving bonds to make sure that the registered plans and what is standing are the same. If someone buys a property for cash then the property probably won;t be inspected unless the purchaser wants this done, or there is a dispute about outstanding rates and taxes with the local authority (in which case their inspector will do checks). We advise all people buying any property to ask the estate agent to supply them with copies of all existing house plans (ie the original plans a well any plans for later additions, including a pool) so that they can make sure that they are the same as what has been built. Once you have purchased the house then the onus is on you as the new owner to update and submit new plans at your cost.

1001. Hi Earnest,
      We do not do conflict resolutions between builders and owners. The people you need to contact are at the NHBRC (National Home Builders Registration Council) > CLICK HERE <, they have offices in all areas.

1002. The builder of my house did not complete and is like running away because he no longer respond to my call or come back. My problem is that he handled the plan and indicated it will be registered when all modifications are completed.

      Help me out please

1003. If somebody buys a house jointly with someone else, they remain liable for their portion of payments after their partner dies. The deceased person’s share in the property will depend on the conditions of their will. I am puzzled what sort of insurance would pay for a house when one partner dies; I can only assume it was a life insurance policy that covered the outstanding bond? If this is the case, as a part owner of the property, he should have checked to see what happened at the time of his wife’s death.
      I also don’t follow how the building company who originally sold the house would have anything to do with the matter now. If he BOUGHT the house (and it sounds like they got a bond from Nedbank to pay for it) what role would the building company still play? Nedbank is probably the only party that can help you. The title deed would have been transferred to them if they became the bondholder.

1004. My husband bought a house years ago in a joint ownership, his wife
      passed away and he stoped paying the house because it had insurence.
      He stopped receiving any invoices from Nedbank and he went to the
      building company who sold him the house and he found out that they
      were liquidated. I don’t know what’s happening wwith this house
      because no one can give information. We don’t know if it has been
      settled or not. If the company has been liquidated and maybe if they
      have found frodulent dealings with their buildings what happens to the
      house owners do they own the houses or what pls help

1005. Your local council will advise whether you need plans. You might just need to submit a rider plan. But in any case you are going to need to employ a qualified and registered plumber to do the connection. He would know what the legal planning requirements are. Alternatively give IOPSA (the Institute of Plumbing) a call – there are contact numbers for the different regions on their web site. I have given you the link.

1006. Brian I presume that the local authority/municipality approved the house when you built it – it sounds like it. In which case if there is a problem, it’s their problem as well. I would insist on them telling you where the supposed infringement is. But put your demand in writing and get a signature for the letter – I’d deliver it by hand if possible – otherwise send i registered mail AND send it via email and ask for acknowledgement of the mail. But in your letter that you reject their submission that you will be billed for anything at all. Say that if need be you will take them to Court (i.e. call their bluff).
      If they approved the house I don;t see how they can now – without employing a surveyor – decide it isn’t legit. What is the issue anyway for goodness sakes… ???
      Your letter should state also that the land was surveyed prior to building – the house was architect designed – and that the municipality did all the checks that were required. Ask what their problem is and demand to know exact details of the infringement. Let me know what happens.

1007. I suggest that you ask whoever drew up the plans for you to amend them. You will, in any case, need to have the plans passed by your local authority before you can build.

1008. You need plans for a retaining wall. If the precast wall is no higher than 1,8 m you don’t need plans, but you do need to notify your municipality/local authority that you are erecting the fence. See also Minor Building Work.

1009. Mark you couldn’t find your post because it hadn’t been approved and/or responded to. As far as I can see the only issue there might be with this structure is the distance from the boundary – though if this is a street boundary you’ll probably be okay. Although having said that, if you have attached the fencing to the structure so that it is no longer “open-sided” that could also be problematic.
      If you look at this link to an article on minor building work, you will see that the basic structure – and possibly the fence – are both defined as minor building work:
      “open-sided car, caravan or boat shelters or carports that do not exceed 40 square metres in size,
      any freestanding wall built with masonry, concrete, steel, aluminum, or timber or any wire fence that does not exceed 1,8 m in height at any point above ground level and does not retain soil,”
      Your best bet would be to contact your local authority and ask if they require you do make changes.
      You can also read about boundary walls and fences at https://sans10400.org.za/boundary-walls-and-fences/ (it will be up later this afternoon).

1010. Hi Penny,

      We live in a complex, and would like to convert our room under the stairs into a guest loo.
      For this we would need to knock a window through an existing outside wall, and connect new pipes to the existing plumbing.

      Please advise if we require any council planning?

      Kind Regards

1011. Apologies if this pops up as a duplicate but I cant find my first post? Anyway… my dad has a boat house that is less than 40 square meters.. at this stage it is not free standing but we can change it to be (it started as a pergola and we used to put a canvas over it when the boat was parked under it so one side is fastened to the house, the other stands on wooden beams) – then later we added fencing to the sides to prevent stuff being stolen off the boat, if the fencing is an issue we can maybe replace it with strand / electric fencing? Lastly the boathouse is probably about half a meter from the boundary of the property. Are there any issues with this setup and how would we make it acceptable / legit. Thanks

1012. Hi

      My property sits higher than my neighbors, which makes privacy a problem for both of us. The only option is to build a retaining wall and to erect pre cast fencing. We both agree to this and will share the cost, the retaining wall is going to be between 1.2 and 1.5m high with a precast fence erected next to the last retaining block (at the top) Do we need plans or is a mutual agreement enough?

1013. Hi thr I gt a plans for a dubble garage infront by my house nd a low wall not happy with the low wall I want it full inclose I would lyk to put a window thr on the low wall so tat thr cn still cum in light nd air as long as it it fully inclose at nite thanks

1014. Isaac I think I have already answered your query on Facebook. Every country has building regulations and codes. The main differences between SA and British codes are likely to be weather related. But we use quite a few of the British codes in this country. The SABS is the place to find out which codes apply.

1015. No the carport doesn’t have to be on the plan – see this link, minor building work. But as you correctly say, to convert it into a garage you will need a plan. You need to get a “competent person” (again click on the link) to draw the plan for you and submit it to council.

1016. Not necessarily. He would do if he is building outside the building line for that property. But if you privacy is going to be compromised, you could put in an objection with the local council.

1017. I built my house on my property, some 9 years ago, down in the Cape. I have just received a letter from the municipality, stating that my house does not fall inside my building lines. i.e., 1.5m from the sides and 3m from the front.
      The Municipality further state that I must get a surveyor to come and check the site, by a certain date, failing which they will get one, and I will be billed with the account.
      My questions are as follows: Surely the municipality is acting on information from a neighbor. (A new one has just finished building their house behind me.) Are they not obliged to tell me where this infringement is?
      If the house is 200- 300mm outside the building lines, what is the legal process to follow?
      I had an architect draw and build the house, and land surveyor originally did the survey. Before occupation, the municipality had to come and check, inspect, and give an occupancy certificate.

1018. Good morning, does my neighbour need written approval from us if he is constructing a structure with a deck that will compromise my existing privacy? Mant thanks M

1019. Hi there

      We are about to purchase a property with a single garage and carport on the side. Does the car port need to be on plan? We intend converting the carport into another garage which i believe will have to be on plan. How do we go about this process?

1020. why the integration of south African national standard building codes with our British varies in difference regulations

1021. They have clearly contravened the law so contact your local authority as a matter of urgency. In fact it would be a good idea to ask the other neighbour to do the same – and deliver the two letters together. Further to that – I would also contact the health inspector and report the rat problem. I would hate to imagine the standard of building work! With so many people living there, there are clearly health issues as well! Sounds like its been hacked together – and the chances are that they didn’t use registered plumbers – so there may not be a proper drain system etc. – that would encourage rats. Don’t delay!

1022. Yes it did require a signature but it was for a one bedroom granny flat. We also now have such problems with rats that come over from their side. I am not sure if she has the other neighbours signature for building right up to his wall, or rather over his wall but I know he has complained to us before saying they dont feel comfortable using their pool anymore because of the lack of privacy.

      Thank you for your advice!

1023. No they may not use a cement mixer that late. During the week they MUST stop work by 6 pm and there are further restrictions for weekends.
      The times are specified in Site Operations (Part F of the Building Regulations) that you can access from the link I have given you. Scroll down to Control of Unreasonable Levels of Dust and Noise.

1024. Rose-Anne, It sounds to me as if this is totally illegal building work. Complain in writing to your local authority and insist that a building inspector visits the property. What you describe needs plans that must be approved by the local authority, and if your neighbour doesn’t have approved plans, the local authority can insist she demolishes the structures. Furthermore, if the building is against a boundary, she will have had to have the plans signed by neighbors. You say you were shown plans, but did she require a signature?

1025. Morning

      I just need to find out about some building our neighbour has done. She came around to all the neighbours with plans for a granny flat but she has not stopped building since and its anything but a granny flat. She has basically built a complex in her back yard and turned it into a student commune. There is a double storey building consisting of a two flats, then she converted her garage into a flat and added rooms on top of the garage. The building is right up against the back wall to our other neighbour. These buildings were not on the plans she brought over at all and the builders who did the work definitely not accredited builders. She has probably ten to twelve students living there now with a family of 4 as well. Its getting crowded and our privacy is not being respected. What can we do about it?

1026. Hi!

      Is there a daily time limit on when builders can build in a residential area?
      i.e Are they allowed to use a cement mixer till after 10pm??

      Thanking you in advance.

1027. Thank you for advise. Re your question about what plans…We wanted updated plans to show all alterations including the structures that are supposedly illegal. The existing plans on record are so old as to be almost illegible and did not show all alterations that had been done in years preceding us buying the property.. We just wanted to comply with requirements to have up to date plans. I wish we had never bothered. Sometimes honesty doesn’t pay.
      The lady refered to was the architect who drew up new plans for us…sorry it was a bit vague.

      We have decided to ignore the verbal instruction and wait for a formal directive. Only problem is the house is now unsellable. Once we are informed in writing to destroy the structures we will take your advice and see a laywer. Many thanks again.
      Marsha

1028. Hi Marsha,
      First of all apologies for taking time to get back to you. We had an issue with Comments that got stuck in Never-Land! Essentially it sounds as though this has escalated to a legal matter, and we do not give legal advise on this site. I am not a lawyer but it would seem to me that you have every right to keep your structures. You have done everything correctly and if the council has mislaid your paperwork and plans then I would say that they are liable. Unfortunately if the council are stubborn and not understanding then you might have to get legal help. If you do then claim your Attorney costs so that you are not out of pocket. On the bright side, you at least have proof of submissions and so on.
      Regarding plans when you bought the property – this hasn’t changed. And people still build without plans! Since the NHBRC got involved, everything has become more structured largely to try and protect homeowners.
      One aspect that puzzles me is what plans did you have drawn? You mention the “lady who did our plans”? Were these plans to include the “illegal” structures?
      I am going to stick my neck out and say that if this went to court you’d win. My personal advice is to refuse to destroy the buildings and force them to take you to court!

1029. Hi Penny,

      I do have it on the plan layout that all the parties signed. In the contract there is also a clause that states that the cant make any changes to the plan without myself and girlfriend signing the it. e have now noticed that after we complained that they had started building the house on the wrong spot, the new revised plan says that the house is now 3 square metes bigger (note that we did not sign off on this new plan changes). we told them that we cant work with dishonest people like them and want out. They now want us to pay for starting the foundation on the wrong side of the plot… I will just wait for them to come to us with cost before I go to an attorney.

1030. Marcello, I presume you have a copy of the agreement you signed with the developer, in which you made this stipulation? If it was verbal, you won’t have a leg to stand on.
      Presuming you have the agreement in writing, I would give them notice in writing that you insist the property is laid out as agreed, viz. with the 8,5 m dimension; and state that you are not going to be held responsible for any costs unless the matter is immediately resolved.
      You will be in a much stronger position (because they are more likely to take you seriously) if you get an attorney to write the letter for you. I am not sure what they charge, but you should be able to get a letter written for between R250 and R500. You need to go to someone who is experienced in conveyancing. Make it clear that you simply want a letter – not for the attorney to negotiate for you (at this stage anyway).

1031. Hi there,

      Myself and my girlfriend had bought a plot and plan, but now we are having issues with the developer.
      They started with the foundation but when I inspected the property I found that my Main stipulation that I have the yard have a space of 8.5m from the back wall of the house to the fence found that the space is 5m.

      After telling them that I am not happy with this they said that now they can make it 7.4m and because i am not happy with this as they are still 1.4m short.

      So now I want to get out of the contract as they cant give me what I originally stipulated as a requirement they want to charge me for the work already done even if it is wrong (hence i don’t Think I should pay for something that they noe have to break down)

      Do you know of any solution (someone I could speak to that would not cost us an arm and a leg)

      Much thanks in advance.

1032. Why don’t you approach a company leader in the construction industry – or perhaps just a company operating in your area – and ask them for some guidance/thoughts on how much they rely on IT? Just about every aspect of planning and running a construction business today relies on computerization – from drawing plans and quantifying materials, to budgeting and invoicing.

1033. Are you trying to compare them? In general they do the same thing … set basic building standards. Whilst the British standards and SANS are “different”, both rely on good international standards. In fact the SANS often refer to BS and to ISO.

1034. How can I discuss the intergration sans building codes with the British sans codes

1035. Hi Patricia,
      All the regulations apply to all properties, there are no exceptions. The only factor here is that the owner builder would not have been permitted to sell within five years if he had successfully applied for an exemption as an owner builder from the NHBRC. If the property was built seven years ago, this would be irrelevant in terms of the law.

1036. hi
      im a 3rd yr computer science student. Im doing an IT system and my target market is the construction industry and i would like to know what are the needs of the construction industry in terms of Information Technology.

1037. Hi Louis,
      We do not make registrations for the NHBRC. You will find all their contact details countrywide here: NHBRC-Contacts

1038. May you please forward your land line telephone numbers, as I would like some advise on registration procedures.

      Thank you,

      Louis Mouyis
      082xxxxxxx

1039. Hi Eric,
      If you go to our “SABS Contact” page you will find all the addresses and contact details that you need, including the online store where you can get the latest SANS 10400.

1040. Hi Frank,
      Go to our SABS-Contact page and ask the branch that is nearest to you, and they can send it to you, or you could collect it from their office.

1041. Good day,

      We currently in need of the latest edition of SANS 10400,please advise
      on where can one purchase this manual anywhere in
      Johannesburg/Pretoria

      Your input will be appreciated.

      Many thanks and regards

      Eric Roediger (Pr. Arch)

1042. Hi Koketso,
      Yes you can have individual title deeds for houses that are built on one single foundation slab. These could be part of a Sectional Title or a Freehold agreement and each has their own set of rules. It depends on how the property is developed.
      Single slabs are common in townhouse as well as for semi-detached houses. There a few factors that affect the decision to use a single slab; one is cost. If the developer is building a few units then it will be cheaper for him to throw a single slab and build the houses progressively. There is also a safety and stability factor. If the houses are close together and, if he were to throw the slabs at different times, he might undermine the first foundation slab when placing the second. So your foundation slab might be more stable as a single slab than if it is constructed seperately.
      With a freehold property you own the house as well as the land it is built on, and each house has an individual erf number. The freehold owner has to pay his or her own rates and taxes, insurance, maintenance, and services including water and electricity. The scenario as far as a sectional title property is concerned is very different. Here you only own the house, and all outside areas are common property, even if it is fully walled. A freehold complex has a homeowners’ association that is set up to look after maintenance of the roads, security and communal areas within the complex. In addition to the laws and guidelines in the National Building Regulations, homeowners’ association normally have their own sets of rules that all homeowners are obliged to abide by.

1043. Hi Prudence,
      Even though there are National Regulations each local authority has it’s own way of handling applications. Here is a link to Cape Town’s “Land Use Management” page and here is the Joburg link to their “building_plans_approval.pdf”

1044. I act on behalf of a client who is currently obtaining SDP approval
      for a new development.

      Part of his obligations are to produce a section 4 certificate

      Please advise me exactly how to go about this and who will issue the
      certificate.

      Kindly let me have a copy of one if you have one.

      Thank you. This matter is one of great urgency.

      Regards

      Prudence Miller

1045. How do we go about obtaining a copy of the registered approved plans
      of our house? We bought a house (in JHB) 1.5years ago and the plans
      the previous owners gave us, does not seem to be up-to-date. It is
      also not 100% complete, as it was plans prepared for building
      alterations done in the ’70s, so certain areas are demarcated as
      “existing building” only with no further details.

      Secondly, if the registered plans are not the same as what the house
      looks like now, what should we do? Do we have any recourse to the
      seller?

1046. good morning,everyone,
      can anyone help…
      We bought a house about 16 years ago and about 4 years ago had plans made up as the existing plans did not show the swimming pool,lappa and a tiny rondavel used as a laundry.
      We have now been told.,,4 years after submitting the plans..(the council having lost our submitted plans on 2 occasions) (thank heavens I had receipts)… that we must destroy the rondavel and the lapa as they are too close to building line.
      We were aware of this and had the request for relaxation letters from all neighbours signed and submitted with the plans.
      A site inspector came and told me he didn’t foresee any problems.
      To date other than the site visit we have not been contacted by council. We have been advised of their decision by the lady who did our plans.
      She also told me that the person refusing to pass the plans said he is sick of people building and then trying to get plans. We bought this house with the problem buildings already there 16 years ago!!!! . (We were first time buyers and didn’t even think to ask for plans and the estate agent never suggested it eithor….i can only presume that legislation has changed as plans were not an issue on purchasing our home.
      What is your opinion on this…do we have to comply and destroy these buildings or is there another route we can follow? I would really appreciate some advice.

1047. The property was built about seven years ago and has been occupied by
      the owner-builder for approximately five/six years as can be shown by
      a study of the electricity account.

      What regulations apply with respect to the sale of the house?

1048. Can one give individual title deeds to houses build on one foundation
      slab? with seperate but closely built walls? as well as seperate
      roofs? MY CONCERN IS THE SINGLE SLAB? Please help.

1049. The legislation is downloadable from our downloads site. You will have to download the original law + the amendment. You can also download the old SANS 10400. NOTE that the original legislation is incorporated in this document; you will need to compare the legislation (which is shown at the top of each part with the amendments – it’s a bit laborious, but it works). The new SANS are, I am sorry to say, only available for purchase from the SABS. I hope you come right – and apologies it has taken so long to get back to you. The glitch in our system is thankfully now sorted!

1050. I would like to obtain the following document:
      EF 003 Appendix B1 form
      Thank you

1051. To Whom It May Concern,

      RE: THE FUNCTIONS, CODE OF CONDUCT AND JOB DESCRIPTION OF A ENGINEER.

      It would be appreciated if you could help me with the following
      question? I want to have a house built and I would like to know what
      are the:

      1. Functions and processes that the engineer is to carry out?

      2. Does the engineer liaise and visually inspect (on site) with the
      architect and contractor the plot/land for contours, soil conditions,
      thus determining the plan of the structure and determining of the type
      of foundation to be applied? (prior to commencement of building
      oerations).

      3. When and at which stages does the engineer need to inspect the
      building operations?

      4. If a problem should occur, due to negligence on the part of the
      engineer, is the engineer covered by an insurance?

      Thank you for your kind attention, and I look forward to your
      response.

      Best Wishes/Mit freundlichen Grussen

1052. Good day
      Thank-you for your useful website
      kindly send me the link where I can download the latest building
      regulations thank-you

1053. I presume this would fall under Facilities for Disabled Persons Part S, and this has changed completely. I am not sure what the answer is. The quickest way to check is to go to an SABS library and have a look at Part S. The other issue is that your local authority may require you to get permission to run this type of business from home. You’ll need to check that with them.

1054. My daughter is a psycologist and we believe she can not work from the residence so I decided to build for her a consulting facility adjacent to the residing house the issue now is: is it law that she must provide paraplegic facilities?

1055. Pam, the National Building Regulations state that “any freestanding wall built with masonry, concrete, steel, aluminum, or timber or any wire fence that does not exceed 1,8 m in height at any point above ground level and does not retain soil,” is a form of minor building work. And minor building work does not require plans – as you will see if you click on the link above. However, you do still need to notify the local authority of minor building work, and they may require certain documentation to be filled out, including a site plan. Furthermore, some local authorities DO require plans for ALL walls and fences. Your best bet is to check with your municipality what exactly they require. Presuming your fence is below the 1,8 m height, point out to them that you are aware the project falls under “minor building work” in terms of the NBR.

1056. Please can you tell me if I need to have plans passed or municipal approval to put a palisade fence between my property and my neighbours?
      Thank you,
      Pam

1057. Venetia, In terms of rates, local authorities are supposed to regularly update their records in terms of what is on a property vs plans. But I think the reality is they are so short-staffed they generally can’t even cope with new building. (About six years ago I remember a building inspector coming to check on the buildings on a farm where we were living – so it does sometimes happen.) If you don’t rebuild the building, then you could apply for a reduction in rates. In terms of rebuilding, I think the NBR would require you to notify the local authority that you are going to rebuild (i.e. the same requirement as for minor building work). But you would need to be sure that the plans comply with the current NBR. Plumbing might be a problem because of improved standards. If anything doesn’t comply, I guess you would simply have to submit a rider plan. You would also have to do this if you wanted to change anything – the position of doors and windows for instance, or make it smaller or bigger. Converting the measurements shouldn’t be too much of a problem though brick/block sizes may not match. At the end of the day it will be up to your local authority to decide what they need. As the law states in regard to minor building work, you don’t need plans for “the erection of any building that the local council doesn’t believe plans are necessary for”.
      Regarding the wall. Some local authorities want plans for walls and fences; other will allow walls to be built to a certain height. The best thing is to check with your local authority what is required. Their concern will generally be that the foundations are sufficient to carry the load of the wall, and that the wall is on the correct boundary line.

1058. Hi i was looking at my house plan and noticed a building on the plan that is not there today. i remember it been there as a child. 1. am i paying rates for this building 2 can i rebuild this building on the same spot or will i have to have a new plan drawn up. this house was buildt in 1945 and the measurements are in inches. must i also draw up a plan for a boundery wall that i want to build

1059. Jan, The Building Regulations don’t cover swimming pools directly, but they do cover storm water drainage in general. More specifically, SANS 10252-2 covers drainage installations for buildings. This includes the necessary gradients for storm water drains, and where and how they should be built.
      Anyone building a swimming pool must ensure that the overflow drains to a natural watercourse, a storm water drain, or a surface water channel. Neither the overflow nor any water that is emptied during the backwashing process should be emptied on the street or to any other public place. It also may not be emptied onto someone else’s property.
      SANS 10209 The design and construction of private swimming pools covers the layout, design and construction of private swimming pools. Appendices covering the use of trees near a pool, construction procedures, painting and pool maintenance are also covered in the standard. It does not cover the provision of heating equipment. In terms of drainage/water, the standard covers pipework and drainage outlets; control of water during excavation; pool inlets and outlets (i.e. flow of water in and out of the pool).
      It sells for R213.00 and you can order it from the SABS web store.

1060. John the SA National Building Regulations don’t specify this. I think it probably falls under the local authority. Try contacting your local authority for information. You could also phone the SABS and see if there are any standards relating to site boards. I can only find information about safety signage. Sorry I can’t be more helpful.

1061. what is the wording and layout for a site board at a construction site please?

1062. Hi, I would like to know what the rules and regulations are towards storm water drainage or the away flow there of when construction a swimming pool? If any how much provision must be made? Thanks Jan

1063. I have written a concise book, which is very inexpensive, called Start and Run a Professional Bricklaying & Tiling Business, as well as similar titles about concrete work and plumbing. The three are similar, but each with a different focus. I will let you know when they become available – it will be soon.

1064. This doesn’t fall under the National Building Regulations, but rather under Health & Safety generally and there may be bylaws governing public buildings that are intended to ensure that public buildings are safe. Certainly, highly polished or slippery surfaces are potentially hazardous. If floors in a public building were highly polished and somebody slipped and was injured, that person could claim damages from the owners of the building.

1065. Are the floors of a public building allowed to be polished? I seem to think there was a law in the 1980’s that prohibited this practise and that if someone slipped and was hurt they could claim damages. Is this so?

1066. Hi Penny.
      I’m in a learneship of housing and i’ve been working as a bricklayer. I’ve gain more pasion and interest on housing constraction. I want to have my own company, the problem is i don’t know what is needed and what to do and where. Could you please help me?

1067. Contact the fire department and ask them. I would hate to advise you and then find that their interpretation is different to mine.

1068. It will be up to your local authority to decide. I assume you could apply for a waiver if you are getting the plans changed after construction has been done. I’d be interested to know what they say.

1069. Heather, Part F: Site Operations (of the National Building Regulations) specifies the parameters for “noise on site”. Go to this LINK, and scroll down to the heading Control of Unreasonable Levels of Dust and Noise.
      Those are the legal obligations your mother’s neighbour has. i.e. Your mother only has a right to insist that they work within these time parameters. It’s a tough one!

1070. Hi,I’m looking to build a double story building which spans just short of 45 meters , will the fire dept require me to put two flight of stairs in the building or just one based on it being less the 45 meters long ?Thank you.

1071. Hi Penny.

      My mother runs a B&B and the house in front of her is being renovated. What time in the morning is building work allowed to start? Are there any restrictions? The angle grinders etc make so much noise and are disturbing her guests, so much so that many want to leave and request their money back. Does my mother have any rights in terms of the building noise?

      Thank you,
      Heather

1072. Hi. I had my plans approved in 2010 and started construction then. Since it has been an owner build, I made a few changes along the way. with 2 major things being to now erect a flat concrete roof instead of roof tiles, and the other to convert the balcony in to a room upstairs.
      So, I need to get my plans changed. However, since I was building to the old spec I was unaware of these new EE changes. Will I have to comply?

1073. I’m not sure Saretta. The building regulations are concerned with structural safety, and so it probably depends on the extent of the retaining wall, and how much soil it has to “hold”. The council might consider it to be minor building work, in which case plans won’t be required.

1074. Jaco I really don’t know for certain. Certainly they can’t just go ahead and do this. Also, they should have tracked, on their approved plans, where their drains etc would run. I suggest you a) ask to see their plans and b) call in the local authority health inspector who is the person who would know what should be happening with sewage lines etc. Do NOT simply allow them access to your property. Any “force” would need to be via local authority instructions/ letters etc and you would have a right to object.

1075. Hi

      We want to replace 34 year old railway sleeper garden steps and retaining wall with bricks. Do we need to hand in plans and get approval from the municipality?

1076. Hi Penny,

      I have a problem and don’t no my rights. we stay in a newly developing area. We just finished building our house a few months ago. Recently we got new neighbors starting to build next to us. Their house is almost finished, and now the builder realized that in order for them to connect their sewage line to the main sewage line, they have to go through our yard. Now our yard is basically their option because it is downhill and shortest path to the connection point. What are my options, I don’t want them to go through my yard, or can they legally force me to.

      Is there anything I can do

1077. Jeremy any foundations must be designed to safely transmit all the loads from such building to the ground. So obviously (it should be obvious) the foundations for a single storey building and a double storey building will be different. You might find the NHBRC manuals helpful in this regard. However, you will need to submit plans to your local council to build this structure, and a competent person will need to draw up and submit the plans, and follow through with the project. This person will know what is required for the foundations.
      Please have a look at the links I have given you here – and don’t forget to like us on Facebook and follow us on Twitter. If you like this site and our sister site http://www.ownerbuilding.co.za on Facebook you will stand a chance to win a digital copy (ebook) of our newly published 208-page book Owner Building in South Africa. This also covers foundations.

1078. Hi Penny
      Nice site!!

      Im looking at building an oversized double garage and would like to include a second storey to later become a granny flat, I would like to know what foundation would be required for a double storey, and are there any diferent regulations to building double storey.

      Kind regards
      Jeremy

1079. I think that the local authority will ultimately decide, though it becomes a chicken and egg situation. I’m guessing, but if you design the structure, when the plans go to council they will either pass them or call for input from an engineer. And this would probably be a way cheaper route than asking an engineer to design the mezzanine from scratch. I may be wrong. Since your client is insistent that it isn’t necessary, I would warn IN WRITING (listing the possible consequences in terms of time, cost etc) that it might be necessary to call in an engineer; go ahead; and then see what happens. The regulations certainly don’t state that a structural engineer is the only “competent person” permitted or able to design a timber mezzanine floor. Let me know what happens.

1080. Penny, one of the reasons that the National Building Regulations were updated was to allow for “A more flexible approach which facilitates innovation and the introduction of new technologies”. But the regulations don’t specify these. I have heard of people using sandbag methods, and also straw bale and others. I am not aware of any form of accreditation that is required; it all comes down to the competent person who draws up the plans and oversees the project. The link I have given you is to our sister website OwnerBuilding – and an article I wrote recently on the concept of competent persons. I have the name of a builder who does straw bale construction and will try and get hold of him for his take on the matter. I am also in touch with someone who helped with the rewrite of SANS 10400 and I will email him and ask if he can give me any more info. I’ll let you know asap. And thank you for the compliments. 🙂

1081. Hi Penny
      Compliments on your very informative site! I am currently designing a two bedroom dwelling in a rural village in South Africa and my client is wanting to use sandbag construction. To date we have only found one accredited company, but are not happy with the method used. Do you know (or where I can find out) if there are any other accredited sandbag building methods in SA; and if not – will the Local Authority pass plans using a sandbag building method not accredited? Any information or advice will be greatly appreciated.
      Many thanks,
      Penny Murray

1082. hi penny,

      yes i am a competent person registered with SACAP as a Pr.arch.T. I know that when it comes pre-cast and r.c floors then you do need to appoint a struct. engineer to design and “sign-off” the slab or any other structural works. and as you mentioned that a floor may only qualify as a mezzanine if the area is not more than a certain % of the floor below it. that and that the minimum height from the mezzanine to the ceiling should be 2,1m, but then the question remains that do you need to appoint an engineer to design this timber mezzanine?

1083. Minette I have just realized that you sent this same message to me from the section on site operations. Clearly you didn’t read the page as there is quite a long bit titled Control of Unreasonable Levels of Dust and Noise. Please go back and read for yourself.

1084. There is reference to mezzanine floors in Part C: Dimensions (of the National Bulding Regulations), and I have mentioned them in the blog post, Are High Ceilings a Waste of Money? In terms of needing a structural engineer; the NBR now require a “competent person” to draw plans and be ultimately responsible for the build.
      Specifically, it states that a competent person “shall prepare and submit to the local authority a rational design or rational assessment where compliance” of the regulations is satisfied. Furthermore, this person (be it an architect, a designer, draughtsman, engineer or architectural technologist) is required to inspect the building and certify (once it has been completed) that it has been constructed, erected or installed as specified on the approved plans. So firstly you need to be a “competent person” qualified to design the house; and secondly to design a mezzanine floor for the house. If you aren’t, then you will need to pull in another professional to assist you.

1085. Hi Penny,

      Hope you can help me. I’m busy designing a house for a client. a large house with a small portion of it(at the entertainment & lounge area) as a double volume. the client would like to know if he can put a timber mezzanine floor over it which will serve later as his studio. the mezzanine is about half of the floor area below it. now do we need to appoint a structural engineer to do this? he is convinced that there’s no need to appoint one because it’s not a concrete floor and not an actual 2nd floor level. I’m a bit skeptic about this and need more input.

      thanks

      kind regards,

1086. Good day is there any law regarding dust control on building sites ?

1087. If you say huge, chances are he needs plans – only “minor building work” can be done without plans. Usually people can build 2 m from their boundary, and unfortunately, there isn’t always much you can do to stop them – provided of course the local authority approves the plans. I suggest that you contact your local authority, find out if plans have been submitted, and ask what the process is to lodge an objection – based on your concerns. You are within your rights to do this.

1088. Carport often fall under minor building work. When inspectors look at any structures safety is a priority. But your local authority may have some specific requirements. Contact them for advice.

1089. HI
      WHAT IS THE MINIMUM ROOF HEIGHT FOR A CARPORT. ARE THERE ANY BUILDING REGULATIONS WRT CARPORTS (DO’S AND DON’TS WHEN BUILDING CARPORTS).

      WHAT DO THE INSPECTORS LOOK AT WHEN INSPECTING CARPORTS

1090. My neighbour is building a huge lapa on his property,close to our boundery. height is normal roof height of a house and the whole project is a few meters away from our kitchen. this will certainly block out sunlight in our kitchen,never mind the loss of view. what are the laws concerning this?

1091. Here is the link that you need to register with the NHBRC.

1092. how do I go about registration with NHBRC
      which documents are required

1093. If you read the information on this site you will see that if you are being paid, you need to be registered with the NHBRC.

1094. i worked for a Master builders company in Cape Town for 30 years

      i want to do small extentions for friends and family

      what are the regulations and requirements as a builder do I need to be registered

1095. A wooden deck may well fall into minor building work. And I don’t think it adds to building size as such. If you want to be sure then contact your local authority.

1096. Jeepers Mica I am not entirely sure. I don’t think you need any type of plan for a spa [BTW a Jacuzzi is a brand name for a particular type of factory-moulded fiberglass spa), but if you have to add plumbing, you will need to use the services of a qualified plumber.

1097. Hi Penny

      Thanks! Can you tell me whether a wooden deck would add to the square meters of the building size? We have to stay within a maximum M2 allowed. The deck is at least 2 m away from the building line, and there are steps from the deck to the ground which would also act as a fire escape from the first floor. It will also cover a braai area that would give protection from the sun.

      Best regards
      Mica

1098. Hi Penny

      Are there any building regulations regarding a self built indoor jacuzzi (about 3 x 3 wide and 1m deep)? Thanks a lot for your help – appreciated.

      regards
      Mica

1099. It depends on the extent and design Mica. But many decks fall under minor building work. If so, you would simply have to let the local authority know that you are building the structure and no permission from neighbors required. But there are sometimes issues that arise where neighbors might have to be asked for permission … e.g. if the deck is very close to the boundary. Unfortunately, even with quite extensive building regulations, nothing is cast in stone – or in the case of a timber deck… wood!

1100. Hi there

      I would like to know the building regulations regarding a wooden deck – does a plan need to be submitted and do you have to get permission from neighbors in order to get the plans approved, etc.

      Thank you

1101. All building hours are governed by Part F: Site Regulations although local authorities may have additional by-laws. You need to lay a complaint with your local authority as it is they that police this – or should do so.

1102. Hi Penny, im looking for advice on what to do about Developers that are developing down the road from us, where do i find what working hours are permitted by them. They are working 24 hours with the droning of heavy machinery, bulldozers, driving me totally insane. I read Tracey above’s comment does this apply to the heavy weight developers as well, where does one even start to try and do something about this??

1103. The National Building Regulations and Building Standards Act was amended in 2011 to incorporate two sections that relate to “green” issues; Part X: Environmental sustainability & Part XA: Energy usage in buildings that will help you. You can download a draft of the new standard here.Just be aware that the final version of the standard is only available at a fee from the SABS.

1104. hi im under the impression that ammendments were made to the sans10400 building regulations during 2012 to incorporate the “green” issues is this correct -if so where can i get a free copy of exactly what needs to be conformed to im a small builder and just trying my best to do a proper job and hunting around for a myth is making my life difficult. please clarify all the best for the new year

1105. Here is a reply I had from the NHBRC to a similar complaint. You need to follow the NHBRC procedure to ensure they take up your case against the builder.
      “We will not be able to assist the homeowner unless he/she has followed our complaints procedure which is defined as follows in terms of section 13 ( 2)(b)(i-iii):
      (i) The homeowner shall within a period of 5 years from date of occupation, notify the builder to rectify structural defects caused by non-compliance with the NHBRC Technical Requirements which shall be set in the agreement.
      (ii) The homeowner shall within three months from date of occupation, notify the builder to rectify non-structural defects which occur due to non-compliance from the terms, plans and specifications of the agreement or any deficiency related to the design, workmanship or material.
      (iii) The homeowner shall within a period of one year from date of occupation, notify the builder to repair roof leak attributable to workmanship, design or material.
      If the builder fails to rectify structural defects and roof leak, NHBRC will be of assistance to the homeowner. The prosecution will then then arrange a disciplinary hearing against the defaulting builder.”

1106. Dear Penny,

      We paid a contractor in full as he was about to complete a very big extension. He hasn’t returned to do finishing touches as well as roof leaks, cracks etc The top patio tiled floor was leaking to the bottom, tiles were removed and not put back. There are outside steps on a slope and the bottom floor part hasn’t been cemented and is eroding and large holes around it sinking. There are numerous other things that may seem small but will ultimately be hazardous in the near future. The builder who is registered with the nhbrc is not taking calls, responsive to emails and will not come back. Who do we go to for recourse? Is the only option to see attorney, because we are not in a financial position to do so.
      What options do we have? We really want to get everything sorted out and finished off.

1107. It seems to me the Council is liable. The fact that their insurance company turned down the claim is in your favour.

1108. 3 years ago the council dug a storm water culvert next to my property. They graded the bank right up to the bottom of my vibracrete wall.They did not reinforce or stabilise the bank properly. During the recent storms the bank eroded and subsidence occurred which caused part of my wall to fall downinto the culvert. Don’t you have to retain a 1 metre margin between a boundary wall and any construction to avoid this sort of occurrence? Do I have any recourse? Both my insurance and the council insurance have turned down the claims.

1109. Morne unfortunately I don’t have any idea. Most colleges that offer courses on engineering and building technology will cover the NBR, but I don’t know of a course dedicated to the NBR.

1110. While the building industry traditionally shuts down from December 16, the law does not prevent builders from continuing work except on Christmas and New Year’s Day (as well as several other holy holidays) …and on Sundays, and before 6 am and after 5 pm on Saturdays. On other days of the week they can work from 6 am until 6 pm.

1111. Hi We have a house being built opposite our house and they are still building throught the December season. I was under the impression that all builders had a cut off date of the 16 Dec. How is this allowed that in the holiday season we have to have noise and inconvieniance in our neigbourhood. Is this allowed?

1112. Hi,where can i do a correspondence course on building regulations?

1113. I would also be very concerned. I am trying to visualize the situation. Are they exposing your foundations? If so there is clearly an issue in terms of where the boundary is. In this case, this would be the building line you are referring to – I think. But are you sure that your garage has been built within the boundaries of your property?
      Building lines (in general) are where you are permitted to build. These could relate to boundaries or to a line on a property which is above a legislated building line that relates to a nature reserve or mountain etc. For instance, people sometimes buy property that extends up a mountain, but they are not permitted to build beyond a certain point.

1114. This is not something that is covered by the building regulations.

1115. First question, is this contractor a member of the NHBRC? The law demands that all contractors are registered.
      Secondly … while many contracts do have clauses that make the owner pay for materials upfront – you should not be paying for ALL the materials for the build upfront. You should only pay for those in each part of the schedule. i.e. You should be paying progressively.
      All builders should have insurance – and if your builder doesn’t, you should probably consider doing something about this. You should have a contract that details all this kind of stuff. Apart from damages and theft, what if he hasn’t quantified the build correctly? No doubt he will then be calling for more money for additional materials. My advice, if this happens, is that you withhold money from the labour costs until the build is complete. Then do a reconciliation.
      I hate to sound sceptical, but some time ago, we had a friend who was a builder, who built a house for us. Full-on contract. And he ripped us off so badly we lost about R1-million. unfortunately it happens all the time.

1116. Hi Penny

      I recently employed a Contract to extend my house. To cut the story short we have agreed in writting ofcourse that i pay material fees upfront and the labour charges as the the building progresses as per schedule of finishes states.

      But now I just realise that we both did not have a contegency plan regarding demages theft and so on. I just need to know what is the genaral practise should there be such scenarios who is response for this.
      1. The builder as he was paid upfront or what?
      2. How do i tackle such issues should they come up?

      Regards
      Lerato Morudi.

1117. Hello
      Our new neighbor has started his new house on the stand next to us.
      They are digging a trench all along the foundations of the perimeter of the wall and our garage foundations to lay the power cable and water supply.
      Is this allowed? We are concerned that this could compromise our foundations in the future.
      What is a “building line”?
      Thanking you
      Tommy

1118. Hi i would like to find out if a and split unit aircon can be remove from one room and re install into another room it is and underceiling split unit please let me know .

1119. Please be a bit more specific. I am not sure what you are asking. What sort of building certificate are you talking about. Is this to do with an enrollment with the NHBRC? If not, who was the deposit paid to? What test are you talking about? Is she already building?

1120. I have a friend of mine who owns a company, she requies a building certificate, she paid the deposit fee but she don’t have a full time foremen who can write the test for her and her time is running out

1121. Good luck. Let me know what happens.

1122. Thank you Penny for your time on a Sunday, I will be at the local authority tomorrow 08H00 with my objection.

1123. They do not necessarily need approval from neighbors, provided they have complied with the building regulations and requirements of the local authority. So your first step will be to make contact with the local authority/municipality’s building control offer and/or planning department.
      If there is a dispute about the boundary, they shouldn’t start building. But you need to formalize your objections. Demand from the developers, in writing, evidence that the wall is on their property, and put them to terms. e.g. Say in the letter that if they continue building without providing concrete evidence that the wall is on their property, you will take legal action. It will be more effective if you get a lawyer to write the letter, and shouldn’t cost you more than a couple of hundred rand.
      The land will have been surveyed when it was originally sub-divided, and these documents will be with the surveyor general in Pretoria. A land surveyor will be able to accurately pinpoint the boundaries for you, obviously at a fee. This may be worth your while. The “evidence” you need from the developer would be a signed document from a land surveyor that shows exactly where the wall stands in relation to the registered boundary. You are not obliged to accept their word.
      In the meantime, you can put in an objection with the local authority – and ask them to stop the building operation until the dispute is resolved.
      In any case, have you checked with your local authority whether the land was rezoned (which I presume it would need to be if there are smallholdings)? If it was then there would have been public notices for those in the neighborhood to respond to – and object to.

1124. Part F: Site Operations of the NBR F3 deals with Geotechnical Site and Environmental Conditions. If the local authority believes that there may be unstable subsoil or unstable slopes they are bound by law to inform anyone submitting plans. So find out from them if they are going to require a report. If you are concerned, then I would suggest you ask the developers for the findings of any geo-technical investigations they did. It isn’t necessarily obvious that they did them!

1125. A marquee is not a permanent structure, so I don’t think the boundary should be an issue. But perhaps you should call one of the companies that provides marquees for hire and ask them. They ought to be up on any regulations that relate to marquees. Also, have you called the local authority for their thoughts on the subject? Ultimately they are the body that would make any call for you to remove it.

1126. Gerrie I think you need legal advice – urgently.

1127. Angela if the pool was built without plans it is an illegal structure. If this is the case, the local authority has the right to call for plans, however old the pool is.

1128. Morning Penny,
      a New development on our neighboursite on a smallholding is busy to take a course maybe in a wrong directions with “Run over developers”

      There was no communication or documentation between us and the developers, for a neigbour approval on this 32 units in a smallholding area,

      According to them the borderline, a wall standing there for 30 years is 1 meter in there property and we must demolished it.

      They did start with to concrete the foundations and to build a borderwall on the other side.

      My Question,
      1)Must they get a approval from the neigbours before start building
      2)Can they start building with a big problem about the borderline between the two propertys
      3)Can we stop them, till this problem is solved

      Thanks
      Edgar

1129. I intent to build in an estate, I am currently working with the Architecture on the drawings. I wanted to inquire if it is compulsory for me to do a geo-technical investigation report for my stand or I should get this from developers of the estate since they obviously did these investigations as part of the environmental impact assessments?

1130. hi penny

      i need information regarding a huge watertank the municipality erect right in front of my bussiness on a circle about 15 metre away from my front door and 15 metre hight also they blocked off one of my entrace gates coming from a pupblic road.no impact study was done and they never consult with us what the impact on my bussiness was what should i do

1131. Hi Penny
      We are a government school who has been donated a marquee which we would like to set up over our school pool so that we can use the pool in all weather conditions and all year round.
      Our school pool lies within the 4 or 4.5m building line area therefore the marquee would sit too close to the boundary fence.
      What is a practice way to get around this or what do we need to do to resolve this matter in order for us to proceed with our plan?

1132. Are building plans required for a swimming pool that is 5 years old?

1133. It’s in the NBR David – and I have given details in comments elsewhere on this site. It’s tucked away in Part F: Site Operations!

1134. Hi Penny,
      Not sure if you can assis- I am looking for regulations on hours of work that building sites can operate, I would have thought we had some legislation prohibiting work on Sundays/Public holidays but cant seem to find anywhere?

1135. Sorry Devin we don’t give recommendations.

1136. Hi Penny

      Can you reccommend an engineer that I can use to pass out my foundation at a decent price?

      Regards,
      Devin

1137. Good luck. I am working on a new website http://www.ownerbuilding.co.za It would be great if you would share the building process with us on the site. Words and pictures. It might be good exposure for you professionally.

1138. hi Penny,

      lol, i guess that happens when you spend most of your career working on projects that does not involve any housing. and when you start doing them your mind cut’s out and then you feel like your back in 1st year. yes my feeling is also that i can make it with a height of 2,1m at the lowest point(FFL to underside of rafter), but when i try and measure up in real life it seems to be very low. i guess the pricing on the precast floor vs. metal room will determine my decision. if I stay with the metal roof construction then I might have to raise the main house roof by about 150mm but that’s nothing.

1139. Jeepers Brynn, as a design technologist I am sure your knowledge is far superior to mine. I imagine though that 2,1 m would be the minimum height for any structure, including a garage. A “flat” concrete roof probably would be your best bet (it has to have a slight slope though 1:80).

1140. hi Penny

      thanks for your reply. I am a registered technologist busy with a design for my own house. I know there are simpler designs whereby you include the garage to be also covered with the main roof but that is not the effect that i want. this design allows me to make a “drive thru” garage with a garage door at the back. I went through the NBR but it only gives min. dimensions for toilets, habitable rooms etc. it says nothing about dimensions for garages, non habitable rooms etc. I thought about going the precast rib & block route for the roofstructure over the garage which would seem to solve my problem but I can imagine the cost involved. I’ve done some additions/extensions jobs whereby i used metal sheet roofs and even went as low as 3degrees for the pitch, but those were different situations where heights were not a problem. doing the whole precast roof thing would maybe also form the basis for future additions which i’m sure is going to happen(maybe a studio?)

1141. Brynn it sounds to me like you are drawing the plans yourself. So first and foremost, please be aware that unless you are qualified in terms of the law (or have someone who is prepared to put their name to them and submit them to council on your behalf), they will not be approved by your local authority.
      My book on Owner Building gives specifications for roof angles, but these are largely in relation to the roof covering used. In fact the minimum slope you can specify will link directly to the roof covering you use, the minimum being 5 deg, but only for galvanized steel sheeting. This book also specifies the size of rafter beams, information that is repeated on this site.
      In terms of minimum heights, you will find these in the section on Dimensions on this site.
      I hope this helps!

1142. Cecilia, your neighbour needs approved plans to be able to do this. I doubt very much that they would allow a structure, that will be used for accommodation, on the boundary. Normally you MUST build at least 1.5 m from any boundary. The local council may though approve a waiver, usually with the neighbor’s consent. I suggest you contact the planning department of your local authority and ask:
      1) whether the existing garage is a legal structure
      2) whether plans have been approved for the new structure
      3) what process they want you to follow to lodge an urgent objection the building work that you describe
      People are often ignorant in terms of what is allowed. Many others feel that they are above the law, and can do what they want to do, without following procedure. Either way you do have recourse. But I suggest you act as a matter of urgency.
      Good luck.

1143. Justin I assume you mean updates regarding the National Building Regulations? If so you can rest assured they will not be changing any time soon. They were first published in 1988; revised in 1990 and amended slightly in 1993. In 2008 major amendments were made, and it took about three years for the “deemed to satisfy” regulations to be published by the SABS so that people knew how to interpret them correctly. We will do our best on this site to check for any amendments that might creep in.
      My book on Owner Building is a guide to those planning to build or renovate their homes, rather than a guide to the building regulations. It does, however, discuss the regs where relevant. Although I say so myself, it is authoritative and useful!

1144. Hi Penny,
      I’m designing a house( medium sized dwelling with attached double garage) with a hip roof @ 18deg for the house and a low pitched metal roof behind parapet walls for the garage. the garage sits more to the front as for the house. The problem is i need to keep the house’s eave height very low at about 2,7m max to get the desired effect, otherwise it would look just out of proportion when it gets too high. the roof of the garage at its highest point needs to tuck in underneath the houses roof where the two meet. cant find anything in the NBR that gives the internal minimum height for a garage. also what is the min. slope i can specify for the roof? min. rafter beams i can use is 50x225mm. last resort is to make the roof over the garage paart of the houses’s hip roof but that’s not what i want.
      Thanks

1145. my neighbour is in the process of changing a garage which is an old structure with a high wall on the boundary adjoining my area into a bigger structure on the same boundary into a flat. is this legal? it will take away my privacy on my pool and entertainment area completely.

1146. One can visit the Local Fire Department to get 100% clarity on this. They are ultimately the guys that evaluate the plans submitted to council regarding fire prevention. Also, a fire rational plan can be drawn up by fire consultant. He will look at all matters concerning Fire. Examples: Escape routes, signage, fire fightinh equipment and so on.

1147. Hi Penny

      Is there a source of reference that one would have to get frequent updates on or would the book recommended on the home page be sufficient in terms of a guide. Would there be other books maybe that one could cross reference.

1148. We are not in a position to recommend companies, but perhaps someone reading your note will have some ideas.

1149. Unfortunately the “rules” for informal settlements are completely different to formal dwellings and you do need to involve the municipality. Contact the planning division to find out exactly what they require. If you don’t do it their way they could issue a demolition order. Normally they will check foundation trenches before you cast the concrete and then check things like plumbing and electrics. The completed structure also needs to be checked to ensure you have built according to plan, before an occupancy certificate is issued – though I am not sure whether they issue a certificate for extensions.
      I am not sure what you mean by “gardening extensions”, but basically anything structural requires plans – largely for health and safety reasons.

1150. Hi Penny, when doing an extension on an existing house is there a need for step by step inspection, ie; faceliftin the existing house, putting new windows, extending garage to double. Can I do it without involving the local authorities as I have an approved plan. Which structural alterations requires inspection strictly ? Will I be ppenalized if I continue without inspection? I live next door a place where where informal structures have been build without the municipality’s approval but still no authorities inspected these buildings. But when ppl with approved plans do their extensions authorities will be knocking on one’s door. What are the guidelines gardening extensions to existing buildings

1151. hlw good people my consruction do building,aiteration,renovation .you can call me at 0718196112

1152. The simplest way to resolve this is to telephone the city council concerned and ask their planning department what their requirements are. While the building regulations apply to the whole of the country, the regulations of local authorities (municipalities, city councils etc) are not the same. Generally you won’t need plans for internal alterations unless load bearing walls are affected. But it is best to be certain.

1153. Hi

      I reside in a block of flats and have carried out internal alterations. I have employed the services of a structural engineer and awaiting my compliance certificate. He is satisfied with the work carried out.

      I have since been advised by the Body Corporate that I have to lodge plans with the City Council, however I have received conflicting information regarding this. Some architects have advised that, provided no external structures were tampered with, then plans do not have to be lodged. Others say the opposite.

      What is the correct procedure? I do not want to pay unnecessarily. Is there anything in the building regulations to back this up?

      Regards

      Vanessa

      I

1154. In terms of the NBR this would fall under Part T: Fire Protection.
      Here are some pointers:
      “Where the population of any room is not more than 25 persons, the width of any exit door shall be not less than 800 mm.” But you have a lot more people than this – so I think that you need two exit doors that are at least 800 mm wide, and they need to “open in the direction of travel along the escape route”. These should probably be as far apart from each other as possible so that in the event of a fire, everybody can get out quickly.
      There are additional requirements for feeder routes to exit doors – essentially corridors or passageways. Here a double swing-type door is required and it should not be locked. But if you don’t have passages it wouldn’t apply.
      There are also specs for the width of escape routes and where there are 120 people, this needs to be at least 1,1 m wide. But I can’t find anything that says it needs a double door for access.
      Requirements for fire escape stairways are very strict.
      Two further points, 1) If you added or altered the escape route, fire escape etc, you should have submitted plans to the local council. It would have then been up to them to request any changes – e.g. that they wanted a double door and how the fire escape stairs should be constructed.
      2) What escape route was there prior to your changes? There would have been requirements for the building as a whole both in terms of occupancy (numbers) and function, as well as how many stories in total there are.

1155. Charl, the local authorities have their own rules and regulations that further define the building regs. What they require is what you are required to do. It’s that simple. That said, they generally rely on SANS 10400 that suggest safe, sensible minimums. The fact that this is a public area will automatically attract more attention in terms of compliance with any type of reg. If you were working from a plan, then these thicknesses and spacings should have been specified. Were you?

1156. Hi Penny

      We have a building where we recently had an internal structure erected within the building. It consists of a wooden deck raised 2.1m above the floor to create a second floor for office space. It covers 24m2 with railings made of wood.

      Recently the local building inspector had various comments with regards to this structure stating the following:
      1) The support (from floor to deck) is not of sufficient thickness
      2) The boards use for the flooring section is not of sufficient thickness
      3) The railings spacing width is to wide.

      is there anything in the Building Reg that states the required thickness and type for above mentioned? More specifically that this area is used as a public area.

1157. Hi Penny

      Its a call centre with 120 staff in a space of 280m square, we have a fire escape and an entrance/exit door which is a single door.

      oh and its on the second floor

      phill

1158. Arnold, you need plans to build anything, and it will be up to the municipality/council to decide whether you can build against the boundary wall. I don’t think there is a specific building regulation that gives percentages, though usually you cannot build within 1.5 m of a boundary. So, since you will have to give your local council plans, ask them what their policy is first. Good luck.

1159. Phil it probably depends on the type of building and use for which it is intended. As far as I am aware, exit specs are mainly relevant to fire regulations – which are, of course, a part of the building regs. I guess a club or movie house would need double doors – but not a private residence. But I really am guessing. If you let me know what type of building it is, I might be able to get more reliable info for you.

1160. Hi
      we have a building that we did internal structural changes and the landlord says we are in contravention as we created single door exits instead of double door, is there anything in the Building Reg that says we need to have double doors as an exit or a specific size of exit door?

      Phill

1161. Good day
      Are one allowed to build against the inside boundary wall? Also, how much of the yard can be build on?

      Regards,
      Arnold

1162. I assume the simplest solution would be to change the “function” of these rooms on the plans. If they insist on doing physical inspections, change the furniture back the way it was to get the plans through council. By following procedure, you should avoid ongoing argument and then can get on with your lives as before.

1163. Betty there are no building regulations that relate specifically to particular locations. Furthermore, electrical installations are not covered in the National Building Regulations. For general requirements you will have to refer to SANS 10142: the Code of Practice for the Wiring of Premises (a national standard). Alternatively call the City of Johannesburg offices and ask them the question.

1164. Please advise what the building regulation is for building next to electricity cables in Lenasia Extension 5.?

1165. Penny,

      The house originally had 3 bedrooms. we then wanted to start a B&B and extended the house with an additional 4 bedrooms plus a smokers room and a gym room (built according to approved plans)

      2 rooms that we have changed into bedrooms have not been changed structurally, in fact these rooms, even though one was a gym room and the other a smoking room, had toilets in them already, we did not change the structure of any room. We simply changed the furniture within them to better suite our current needs.

      They asked for as built plans because we did add an area of 4m2 to our Penhouse suite and the position of the sliding doors and balconies becasue one bedroom on the plan was not approved.

1166. Nell, There is a big difference between a five-bedroomed and a ten-bedroomed house. Apart from structural elements, the size of the house will affect your rates and taxes.
      But are you saying that “rooms” that were not intended for use as bedrooms have been converted into bedrooms? i.e. That the size of the house as such has not changed.
      Essentially the legislation is there to prevent people from converting garages, storerooms etc into bedrooms without plans… for safety and hygiene reasons.
      Out of interest, why did they call for “as built” plans in the first place? And were you aware of what was on the last approved plans?

1167. Hi Penny,

      I am trying to find out where i can get info on the new legislation rules. As per the municipality, we are not allowed to change the use of a room without letting them know about it. Is this true?
      They wanted “as built” plans which we had drawn up but they now say that the number of “bedrooms” have increased from the last approved plans. Surely there is no rule stating that a house can only have 5 or 10 bedrooms.

1168. Sandy, I presume you are the owner of the property.
      My understanding is that since the NBR were updated in 2008, ALL plans (new or as-built) need to be submitted by a “competent person’. i.e. an architect, engineer, draughtsman etc. If this person didn’t draw up the plans, they will need to check that the plans are accurate and sign them prior to submitting them. Procedure differs according to local authority requirements, but any ‘competent person’ would know exactly what these are. He/she would also be able to advise you in terms of the indemnity clause.
      I’m sorry I can’t be more helpful.

1169. Hi Penny,
      I have drawn up plans for an existing as built alteration, do you know what the procedure is to submit ‘as built’ plans especially regarding all the submission forms that have to be completed. I am reluctant to sign the indemnity clause as I did not oversee the work being done.
      Can one exclude this clause?
      sandy

1170. Kate I am not familiar with this legislation. In fact I am not aware of legislation that limits the size of buildings, other than that relevant to boundaries and building lines. However, from what you say, I imagine that you could apply to the municipality for a waiver. If they don’t approve it, you may be forced to demolish what you have built.

1171. Craig the health inspectors are normally incredibly strict when it comes to plumbing, including septic tanks and soakaways. It sounds to me as if this is a precast unit? If so they should have checked the stabilizing material before the tank was installed. But clearly the workmanship is substandard.
      In terms of legal liability; you need to check your contract with the builder to see what was specified. Also check whether the builder is – or was – registered with the NHBRC. If he is then you have some recourse. Otherwise you will need to consult an attorney who will be able to advise on what grounds you can claim compensation.
      In terms of the insurance company, I guess they would only pay out if the tank itself had burst or collapsed for a reason other than substandard building. But it might be worth getting another assessor in to look at the tank. You might even ask the builder to inspect to see what HE says caused the collapse.

1172. Zuki, It depends on your lease agreement. While it is everyone’s right to have access to water, I am not aware of any legislation that species that hot water must be provided. However, if the bathrooms have both hot and cold taps, and there isn’t hot water, you could probably claim against the landlord and say that you have been misled.

1173. Dear Penny,

      The company I work for is leasing a building and i have just found out that we do not have hot water in the bathrooms and according to the Safety Regulations we need to have both hot and cold water. We have approached the landlord, but he wants us to either sort it out ourselves, or he can do it for us but we must re-imburse him. I thought providing hot and cold water is part of the base building and the landlord must comply?

      Can you please shed some light.

      Regards,
      Zuki

1174. Hi Penny, I recently got plans drawn up however they were not approved as i was told that the municipality is in the process to allow complex houses an additonal 5% for alterations but that it was still in the pipline. i decided to go ahead an build which i converted my carport to a home office fullyclosed with a roof. i now heard that the municipality are no longer alowing for the 5% alteration. What can i do to get my plans approved as the building is up already.

      please advice

1175. Hi my house was built 4 years ago and during this time,no telling exactly when, my ceptic tank has caved in under ground. The builder who built our home says that his work is only guaranteed for 3 months. I had our insurance company take a look and they refuse to pay out as there was not sufficient stabakising material used in the installation of the tank. How long is a builder or plumber legally liable to take responsibility for this type of shoddy workmanship?

      Thanks a lot!

      Craig

1176. I am not familiar with specific legislation that deals with RDP houses, but I presume it would depend on who legally holds the title deeds. You need plans to extend any form of house; and you need to be the owner of the property.

1177. Paul try phoning the SABS library and ask if they can help. Alternatively go in and ask in person. They will be able to pull all the national standards (and possibly some international ones – ISOs) that deal with wind speeds and how this relates to design.
      I have done a quick search on the Internet, and these links may also be useful:
      1) http://www.scribd.com/doc/65305015/Wind-Loading This SA company has attempted to define the “basis of design to the two wind load codes and the effects they have on design.” They refer to SABS 0160 (which should now be SANS 10160) which they state is a specification that has adapted to local conditions from BS CP3 Chapter V (this is a British standard).
      2) Info from the SABS: SANS 10160-3: BASIS OF STRUCTURAL DESIGN AND ACTIONS FOR BUILDINGS AND INDUSTRIAL STRUCTURES — PART 3 : WIND ACTIONS

1178. Zakes I really don’t know. I will try and find out and let you know.

1179. Hi Penny

      Thanks for sharing your expertise.

      I am in the process of submitting plans to the Municipality and requested exemption from the new regulations SANS 10400XA because I developed my plans before the introduction of the new regulations.

      What are the chances of getting the exemption from the municipality?
      What would be the consequences if I want to sell 10 yrs later?

1180. Hi!
      Tell me is one allowed to extent or demolish an RDP house?

1181. Hi Penny:

      Anyway you can tell me how to get climatic data for structural design in South Africa? I can’t seem to find the right section in the SABC. I am specifically looking for design wind speeds.

      Thanks in advance for your assistance.

      Paul

1182. Charne, the Building Regulations have occupancy classifications; so you will need to check Part A: Administration of SANS 10400 to see which category your factories fall into. e.g. Low Risk Commercial Service is B3. They also specify the size of the building per person – B3 = each person needs 15 square metres. Part P: Drainage specifies the provision of sanitary fixtures (amongst other things). The tables break this down further for personnel, public and visitors, as well as peak demand. You need to double-check SANS 10400 to make sure that your factories fit the category, but it looks like a B3 building with a “population” up to 30 needs:
      a toilet and basin for public/visitors (unless they have access to those in the factory) plus a toilet, two urinals and two basins for men, and three toilets and two basins for women. If the building has a population of up to 60, you need two toilets and three urinals/basins for men, as well as five toilets and three basins for women. But this is the guideline, and I presume it will also depend on the sex of staff.
      If you go to your nearest SABS office library, you can ask to see a copy of these two parts of SANS 10400 and check for yourself.

1183. Hi Penny
      I wonder if you can help. We have 3 different factories and about 100 employees split up between the 3 factories. What does the law say about how many toilets & showers should each factory have??

1184. Robyn, there are several issues here. You, as the owner, appear to have followed the correct procedures all the way down the line, however you may need to get independent legal advice (even if the lawyers dealing with the sale were nominated by you, the seller – which is the norm).
      These are my thoughts, but remember I am not an attorney!
      Title deed: This is primarily to describe the property with its erf (stand) number, size, where it is etc. and to prove who is the registered owner. Once it is registered in your name that’s it! You would have paid transfer duty, conveyancing fees, deeds office fees and VAT. I don’t believe that the lawyers have any right to make you re-register with the deeds office and have to cover all these fees again – for any reason.
      I wasn’t aware that the size of the house itself had to be specified on the title deed… e.g. If you do a legal addition to any home, you don’t have to re-register the title deeds!
      Plans: I would say that the municipality is at fault here and don’t believe that they have the right to demand that you resubmit your plans. What if you had bought the house ready built? It is not the norm to be supplied with plans when you buy a house. When we have bought existing houses, we have always got plans from the local council – not the deeds office. When we have built houses, we have only ever submitted plans to council; we have never submitted plans or any information regarding these to the deeds office.
      In terms of the size of the building as shown on your original plans: You bought plot and plan and so would have assumed that the house was the size shown on the plan. It was not your responsibility to check this. Here the responsibility again lay with the local council (the building inspector should have measured the foundation trenches before the concrete was placed).
      If this affects the sale of your property detrimentally, you may well have a legal claim against your municipality! Let me know what happens. Good luck.

1185. Hi Penny,

      Please will you advise me on the following:
      We bought a townhouse +/-12 years ago (plot & plan). The title deads of the property states that the square meterage of the Mail building is 60 squares. +/- 6 years later, we did extesions to the townhouse by adding on an open braai area (4 pillars, zinc roof and flooring) – sized at 20 square metres. While in the process of selling our townhouse, we discovered that the Municipality had lost our original approved plans and requested us to re-submit them.
      Our draftsman that drew up our new plans (about 3months) discovered that when the builders built our townhouse, they didn’t measure correctly and built the main building as 64 square meters. Now the laywers are requesting that we re-register the whole townhouse.
      My question to you is how does one correct this issue and is it necessary to do so? And does one need to register the outside area with the deeds office if it’s not enclosed?

      Thank you so much.

1186. I am not certain, but I doubt it unless there are bylaws (i.e. laid down by local authorities – which could differ) that state that builders must be able to provide this information within a specific period of time.
      Regarding registration with the NHBRC, they will be able to give you the information you require. If they refuse to, let me know. But then I will need to know when you contacted them, how (phone, email, letter etc), and who you were in contact with.

1187. Thanks Penny.

      With Regards to number 1, are you saying there is no Regulation/requirement which directs the keeping of such plans by builders?

      With regards to number 2, is ther also no Regulation/requirement which direts the keeping of uch occupations certificates by the builder?

      With regards to number 3, how would one be able to get proof of such registration?

1188. 1. I really am not sure, but a builder should keep plans at least until there isn’t the possibility of any form of claim regarding the build. This would relate not only to his client, but also for tax purposes and his own claims on materials, fittings etc.
      Also plans must be submitted to the municipality, so they SHOULD be available in perpetuity – from the municipality.
      2. Again, I would think that the local authority would have the occupation certificates – because it is they who issue them. I would think it would be more important for the owner to have a copy, rather than the builder.
      3. Only builders registered with the NHBRC will have this kind of documentation. The majority of so-called Wendy house structures built for occupation/living, are not constructed by builders as such. Rather they are manufactured by companies that specialize in wood structures of this type. Larger, more sophisticated wooden houses might be built by NHBRC-registered builders.
      4. Builders MUST follow the approved plans. Any deviation needs to be approved by the municipality. This cannot be done verbally.
      I hope this helps.

1189. Hi Penny, Ihave a few question for you:

      1. how long does a builder have to keep the plans of a building that he has built, if at all?

      2. how long, if at all, does a builder have to keep occupation certificates issued by the relevant authority (ie: municipality)

      3. Once a hoem is built, in particular a wooden house, does it have to be registered with the NHBRC. and if so, how do we go about obtaining proof of such registration and the relevant documentation?

      4. If a builder wants to deviate from the municipla approved plans for teh building of a home and the material to be used, what is the normal process to be followed? can it be just be done verbally?

      Thanks

1190. Hi Penny,
      Thank you for your reply, has cleared the air.

      Kind regards,
      Richard.

1191. Unless the land next door is owned by the same people who own the farm/shop you have purchased, you probably have no comeback whatsoever. However, you should probably keep informed in terms of the newly planned project and make sure that if you have the opportunity to object, you do so.

1192. On the face of it I would think that your building WOULD need another fire escape staircase, but you should really consult with an expert.
      The regulations relating to fire protection (fire escapes, escape routes etc) are very specific – you need to refer to SANS 10400-T, Fire Protection. I don’t have a copy of Section T of the new regs,and I know there have been lots of changes – if anything they will be stricter. The old regs say that if any building is more than three storeys high then at least TWO escape routes must be provided. A four storey building would then need TWO escape routes.
      There is also a reference to the travel distance to the nearest escape door (or route). This is 45 m which is greater than the 38 m in your building.
      There are many other elements that need to be incorporated including lighting.
      There must be someone at your local municipality who will do an inspection for you.

1193. No you won’t need plans.

1194. The NHBRC was established to help regulate ALL forms of building, including schools. However there is nothing to stop someone building a school using other resources. There is a lot more at stake than simply a certificate! The NBR were drawn up to ensure that all building is safe and so builders should be guided by these regulations and the “deemed-to’satisfy rules” that have been drawn up by the SABS. Using an NHBRC-registered builder should ensure good quality building.

1195. Give it some thought. The key to your answer is the fact that the building regulations have been devised to ensure that buildings are safer, more affordable etc.

1196. I will approve this response in good faith on the understanding that anyone visiting our site is aware that this does not constitute any form of endorsement of the products.

1197. ALL buildings in SA require planning permission, even though the reality is that many people living on farms ignore this – probably because building inspectors don’t make a practice of checking farms. I have just moved out of a farmhouse where I lived for two years that was full of “illegal” elements – primarily electrics and plumbing. I also discovered that one of the early owners would hire laborers at weekends to build onto the house. It leaks like a sieve and parts are starting to collapse; in short a disaster. If you plan to sell the farm at some stage, you are likely to hit major problems. If neighbors object for some or other reason, you might also get yourself into a lot of trouble.

1198. This is not covered by the building regulations.

1199. Have a look at https://sans10400.org.za/stairways/ Clearly all stairways MUST be safe and if they are not, then the owner of the property is contravening the law. As far as I am aware, “Handrails are also an important element. If a flight of steps continues for more than about five risers, there should be a handrail of some sort.” So if he has no stair-rails and the stairs comprise more than five risers, your landlord is in trouble. I suggest you report this situation to your local authority as it is a health and safety issue.

1200. Kim, Part P of SANS 10400 deals with Drainage, including design and discharge details. If you go to the nearest SABS office library, you can have a look at what it says. I will also add to this section of the web site asap.

1201. Ian the use of all structures must be indicated on plans that are submitted to council. However people commonly use garages for storerooms and even workshops or offices. Many garages have windows – big and/or small. In fact if you think about it, most storage lock-ups are garages! There would usually only be an issue if the garage was used for human habitation (so to speak).
      I presume the reason for owners building walls is for privacy? Technically they DO need an approved plan; and the local authority COULD demand demolition of the wall if a plan wasn’t submitted.

1202. Hi Jack, I don’t follow your question.

1203. This depends on the requirements of your local authority. They may also require plans, depending on the materials you choose to use. Give them a call and ask.

1204. Richard I am surprised that any bank was willing to give a bond without registered house plans. However I don’t think that it is the responsibility of the estate agent to provide you with plans. The municipality should have a full set of plans. If they don’t, they have lost or mislaid them. Perhaps you can track down the original owner or builder and ask them if they have plans; or if they can give you the name of the person who originally drew up the plans. Lastly, you are under no obligation to have new plans drawn up. That is not your responsibility. I presume the house is indicated on the site plan? If you need to submit new plans at any stage (e.g. for an addition), the architect or draughtsperson would simply show an outline of the existing building on the plan and draw up detailed plans for the addition.

1205. Hi Ben, I don’t pass email information on from our site; however I have mailed Liz and asked her to contact you directly.

1206. Zakes, your best bet is to contact the NHBRC – see https://sans10400.org.za/national-home-builders-registration-council/ – they are based in Pretoria. If you register a company as such, you will need to go through the registrar of companies, and it will be very expensive. alternatively you can operate as a sole proprietor and just register with your local council. Good luck.

1207. Good day…

      I’m Zakes Morema from Seshego on the Limpopo province. I’ve recently found interest in the constraction industry as feel that our country cannot do with out the constraction industry. I believe the constraction industry is one of the gate ways to improve the country. Through this industry i feel that may jobs can be created, many people could be provided with homes and we can build world class infrastructures that will at the ultimate improve the economy of our country.

      I would just like to know as to what rae the procedures to adhere to when registering a constuction company. if it is posible, please foward me all the details on my email address (stated above)

      Hoping for an informative response

      Have a blessed day!

1208. Hi Penny, please forward me the email address for Liz, re uPVC frames.

      Thanks
      Ben

1209. Hi Penny,
      I have just bought a house, registered in July through an Estate Agent. I went to the local Municipality, that had the Site Plan, Wendy House Plan, but NOT a copy of the HOUSE plan, NOT ON RECORD !!
      I bought with an approved bond, from my Bank.
      On requesting a copy of the house plans from the Estate Agent, I eventually received a copy of the SITE PLANS with the WENDY HOUSE APPROVAL !!!!!!!! In the Postbox !!
      Question : Do I have to have plans drawn up, or can I demand plans through the Estate Agent ??
      Please advise,
      Kind regards.

1210. Hi bought a house a house a couple of years back that is fenced off on three sides but the fron facing road is open/no fence. I want to build a wall but is not sure of the minimum legal distance from the road. pse advice.

1211. hi can you tell me what are the building requirement to build a deck 6x6m and 2.4m high

1212. Hi, the approved plan does not indicate a wall between garages in a complex. The plan indicates a dividing fence. Some owners have built a single brick wall in their garage with no plan submitted to the council. What is the regulation for garage walls and garages used as storerooms. Also, what is the regulation for a dedicated approved plan whereby the storeroom is used as a garage and not storeroom. The storeroom has a large window that can be opened.

      Thank you,

      Ian

1213. where can i see the law about drainage and drain pipes that drian into the garden?

1214. I live in a block of flats. There 4 floors with 5 flats per floor totaling 20 flats. the width of the building is 38m.
      It has a staircase of 2.4m in the middle of the building.
      My question is; Is there supposed to be another fire escape staircase?

1215. Hi there,

      I purchased a farm/shop some 6 months ago. The shop has been established for at least 27 years and I’ve just been told that someone is planning to build a shopping center on the land next door. How do I object to the project and do the company need to inform me if this planned project is definite.

      Kind regards

1216. Good day

      Please indicate if the NHRBC certificate is not required for schools, to ensure proper compliance when one is building a school.
      What certificate must one have to ensure safety requirements when one is building a school.

1217. Hi,

      We have purchased a duplex in a complex where two of the outer walls were built out of dry walling, as these units are 30 plus years old the dry walling has rotted. Will I need plans to remove dry walling and block up? The standard door will be removed and a Alu sliding door fitted?

      Many thanks, Tyrone

1218. Hi

      I need to know what regulation/s are there on building WIFI Towers, height, can it be build in residential areas ect….

      thanks
      Werner

1219. Hi, we have rented a office block which has stairways 3m wide. When it rains or the stairs a wet the floor becomes slippery that might lead to an accident. We have spoken to the Landlord about erecting hand rails but refused and emphesised that we put it ourself. What is the law saying about this?

1220. Hi I’m busy with an assignment based on the SA building Regulation and would just like to no what impact does the ragulation have on the quality management system in a building project for the public sector.

1221. Hi,

      We are wanting to build on a farm. do we need to hand in plans or get “permission” in order for us to do so?

      Many people have told me that because it is on a farm, handing in building plans etc is unnecessary.
      Is this true?

      I don’t know if it matters, but it’s just outside Pretoria East.

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1223. ever structure which has a roof requires plans.

1224. Hi Alan

      By law you have to have plans for anything with a roof and for walls exceeding a height of 1,8 meters / 1800 mm high.

      Even a swimming pool needs plans.

      The larger local authorities have dedicated departments which sole purpose if to monitor construction without plans. This handled with final warnings to submit within 30 days architectural plans or face a demolition order.

1225. Colin, in addition to the Building Regulations (SANS 10400) which is what we focus on in this site, there are more than 130 other SANS that relate to plumbing! Since plumbing installations MUST be undertaken by a qualified and registered plumber, your plumber will be able to advise. SANS 10252-2 refers to many of the plumbing standards, so this could be a starting point if you want to find the info for yourself. If you go to your nearest SABS office, go to their library and ask to look at the standard. The librarian will also be able to do a search for relevant SANS that cover civil engineering construction relating to plumbing.
      I believe that uPVC pipes (for sewers and drains) and pipe fittings must comply with SANS 1791. In terms of encasing the pipes in concrete, usually they would be if laid in a concrete floor or ceiling. But there are also design factors that come into play. This is where a civil engineer would be able to help.

1226. Because of the timeframe, you will probably have to have the plans altered to show the new bedroom as well as reflect existing building that isn’t on the plans – i.e. you won’t have recourse to hold the previous owner liable. On the positive side, you will probably find that you have been paying much lower rates than you should be paying! Before you do anything, double check that they have given you the most recent set of plans. It is quite possible that they have pulled an earlier set by mistake.

1227. The first logical step would be to check that the additions are being done in accordance with local regulations. Your local authority or municipality will be able to advise on this. If your neighbour plans to sub-let a part of his house, you can’t stop him/her. I think your only recourse would be to take action if your privacy is in fact invaded – but you can’t do this in advance … You would probably have to prove “nuisance”. Have you chatted to your neighbour and shared your concerns?

1228. Liz I think a lot has to do with the fact that we generally have a “kind” climate and so people haven’t bothered with things like window frames with good thermal properties, double-glazing and so on. I am working on a book about sustainable living in SA and this is exactly the type of issue I am addressing. While aluminum frames have been popular for a long time, uPVC just hasn’t caught on. If you do start a business in this field, I’d love to know more about it (I have mailed you my personal email address). I would think that approaching construction companies would be a good idea. You could also approach specialist magazines and ask them to do articles about your products – and/or you could advertise. You should also develop a good Internet presence – with a comprehensive website that contains advice for prospective clients. Marketing is the most important aspect. And you need to consider whether you will sell directly, or whether you need to find an outlet that will distribute your products for you. Good luck.

1229. When does a pvc soil water pipe need to be encased in concrete

1230. Hi Penny

      I am in a similar situation. I bought a house 8 years ago, and have just received a copy of the building plans as I want to add on a bedroom. About 60% of the current house is not reflected on the plan. How would I proceed with the bedroom addition in this case. PS, I do have a bond, and the bank did not pick up any discrepancy

1231. Hi there! I am very interested in the window frame industry here in SA and why it is taking so long for people to adapt to better aluminium and uPVC frame designs? If I were to start a small business to supply such frames, and to adhere to these better themal ability guidelines, who would I approach to supply the frames to: for example, if for government, would I approach the construction companies that win tenders? If for private, who would I approach to supply them with better materials?
      Naiive – but- innovative, Liz

1232. The owner of the adjacent home want’s to go up a story with windows on my side, despite the 2 m gap between the our boundary and his building, I am concerned with my compromised privacy and that he may have intentions of sub letting the upper level to tenants.

      Kindly advise if this would be considered an issue, what my rights are and what procedure should be followed if it is worth objecting?

      Our assistance/ advice much appreciated

1233. It depends what sort of covering you use. If it is solid, then strictly speaking you should have plans. Also, if the wall is on the boundary, you might need permission from the local council. If a neighbour complains, you might have a problem.

1234. hi i want to put a carport,”covering”,between my house and vibracrete wall in my yard,do i require a plan and also does the extending my wall require a plan?

1235. Check it out with your local authority because it is their call. e.g. The requirements for a garage are NOT the same as for a habitable room! There are many other factors that also come into play including ventilation requirements and load-bearing walls. Play it safe now rather than be sorry and stuck with a major problem later.

1236. Zelda I am not a lawyer, and you may need to get legal advice on this one. But the building regulations changes several years ago, so I doubt very much that they can claim anything linked to this. Sounds to me like they are taking a huge chance. If I were you I would refuse and threaten legal action… but then I don’t know all the facts. You might be able to get advice from your bank/or their lawyers. Good luck, keep me posted. BTW there are lawyers on the Internet that will give advice for about R250…

1237. Hi

      I am currently in the process of purchasing a renovated house, it has been built according to plan, however there are a few changes eg. the garage was actually turned into an additional bedroom and one of the external doorways was sealed off because there would have been too many external entrances to the property. I am aware that it does not really matter if the internal walls change according to plan but does this apply to the exterior walls as well?

      Cindy

1238. Hi Penny,
      I entered into an “offer to purchase” with a developer in April / May. I have the bond approval etc and received a call this morning to advise me that I have to contribute to the following due to changes in building regulations : 1) solar geyser and 2) insulation. Please advise if this is for my account. As far as I’m concerned the onus is up to the developer / builder to ensure that he remains within the building laws and regulations. I am besides myself as this is another R15000 I have not budgeted for!

1239. No Collin, the new Building Regs require a “competent person” – this term includes engineers, architects, draughtsmen … – to submit the plans and oversee the work. Maybe you could simply label the “unbuilt parts” as … still to be built? As a matter of interest, why has this issue arisen?

1240. I had some plans drawn up to do Some altterations 6 years ago I did not build all the additions due to finances. I now have to delete the unbuilt bits off of the plans. I originally did the plans myself, but now I am being told that I need to have a draftsman to delete the unbuilt parts. Am I not allowed to do this myself and resubmit the plans?

1241. Gordon, there are requirements in terms of glazing in general, mostly to ensure that if someone falls against the glass it doesn’t break.
      The SANS that relate to the building regulations are 10400… and there are lots of them. When it comes to designing a glass-fronted balcony front, these would be, at very least, Structural Design – Part B, Stairways (which includes balustrades) – Part M, and Glazing – Part N.
      The minimum height of balustrades is specified, and unless it has changed while I blinked, it is 1 m. So you shouldn’t have a problem.
      The only regulations I have come across that relate to a child’s head are for swimming pool fencing. That stands to reason, doesn’t it?
      Your local glass merchant should have a resource that shows how thick the glass should be in terms of the sections of each of your balcony sections. This will depend on the area of the glass. The greater the area, the thicker the glass will need to be. And it MUST be safety glass. Imagine if someone was to skid across your balcony and hit the glass… Trust me, it happens. So don’t skimp.
      But to answer your question, I think that if your “panes” of glass are around 1.2 square m you will need glass that is 4 mm thick.
      I hope this helps.

1242. Dear Sir, I want to build a deck with a glass fronted balcony front, I have heard all sorts of stories as to the required height of the glass and the specific thickness of the glass. Are these specified? I have searched the usual places without success so far.

      I understand that one regulation is that a child should not be able to get its head through any opening, but in my design, this is not an issue, its just the height and glass thickness, none of the spans of glass will exceed 1,200mm (1,2m) most less than 1,100mm.

      I had planned a 1m height.

1243. Yes Raj I believe you do. But whose land is it? Since the local authority appears to be implicated in the issue I would assume that you would be communicating with them? It would be the local authority, I think, that has the authority to waive plans.

1244. Hi
      Do we need plans and inspection for a steel structure covered with plastic/galvanised sheeting for a carport based on existing 9″ brick pillars a metre high for an off road carport parking area encrouching onto the verge which been fenced on local authorities approval for safety and security

1245. Raj the Building Regulations don’t specify anything for carports as such. What sort of carport are you wanting to build? Penny and I produced a book about carports some years ago (unfortunately out of print), but there might be something in there that would help you.

1246. Usage is not the factor Robert. Any additional building needs plans, irrespective of size.

1247. Paul it might depend HOW you enclose it. But the fact that the area is beneath the roof, you probably don’t need plans. The same would apply to internal alterations including sub-dividing a room, or even removing an internal wall (which can be done provided it isn’t load bearing). If you are worried, check with your local authority.

1248. Hi

      I have a double story free standing house with a balcony, i wish to enclose it would i need plans to do this. The balcony is on the original plans is reinforced correctly and falls under the roof of the house.

      Thanks
      Paul

1249. Good morning
      I would like to enquire if it is neccesary to have plans drawn for an additional garage which will mainly be used as a woodworking workshop. The size will be less than 30 square metres.
      Thank you in advance.
      Yours sincerely
      Robert Smith

1250. Hi are there any specifications for the erection of a carport

1251. If your local authority has summonsed you, you will need to go to Court. Ideally hire a lawyer, but in any case take your offer to purchase the house and any documentation you have regarding the sale with you. I can’t give you legal advice, but I would think from what you say, that you have a claim for damages against the previous owner. You might also have a claim for fraud if the previous owner did not declare that the house had not been added onto legally, with plans.
      I presume you didn’t need a bond, because if you had, the bank would have sent inspectors to check the building, and they would have picked up the fact that the plans and the building were not the same. It would have been the sellers responsibility to have plans passed before transfer into your name was finalized.

1252. The National Building Regulations cover ventilation requirements for habitable rooms. This includes both natural ventilation (e.g. windows) and artificial ventilation. If there isn’t adequate natural ventilation, it is mandatory that artificial ventilation is installed. But this must be done with the approval of the local authority (excluding air conditioners, heaters etc that are installed for comfort rather than basic ventilation needs). If you feel that there isn’t adequate ventilation, then I suggest you contact your local authority health inspector.

1253. Hi

      I live in a block of flats that do not have any ventilation. As a result of this, mould is building up in the flat. I would like to know if it a fundamental requirement for any residential building to have ventilation? If yes, is there any regulatory body that I can report this to?

      Regards

1254. Hi
      I bought a 4 bedroom house with a wall infront 5y ago.the wall was old untidy and some of the facebricks had started falling out.I rebuild the top part of the wall and started making it neat.I am now being summonsed to court by the municipality as this house has no building plans and the counsil still has it registered as a 2 bedroom house.what do I do now

1255. Hilda, the building requirements for all buildings are essentially the same – except where local authorities have additional requirements, or where the owner of a development, including most retirement villages, have their own rules and regs. e.g. If you build in one of these developments you might have to follow a particular style. The owner or a body corporate would usually check these specifics – The checking of implementation of general building standards (as per the building regs) is the responsibility of your local authority – e.g. the building inspector, health inspection etc. depending on what it is that needs to be checked. Where bonds are involved, banks will often send their own inspectors in to check. If there are irregularities that are found after a builder has been paid, you would have to probably take him to Court and charge him with bad workmanship or doing things incorrectly. That’s a difficult one.

1256. Hello Terence,
      There is no single requirement regarding lightening protection. Some local authorities have requirements that they enforce – and insurance companies have specific requirements in certain areas. e.g. thatch homes in Gauteng.

1257. Hi,

      I would like some assistance in trying to establish if it is a requirement that all buildings in South Africa be fitted with Lightning protection.

1258. What are the building requirements for a retirement village ? Who is responsible for checking if all standards are implemented? If there are any irregularities how long after the establishment has been built can the builder be held responsible.?

1259. Hello Jan. Standards for the manufacture of concrete masonry units – i.e. bricks and blocks made from concrete (not just cement) – are detailed in SANS 1215 which you can purchase from the SABS. As for all types of concrete, water used must be potable – i.e. I should be suitable for drinking. If it isn’t don’t use it. They do not specify how much water should be used, and the standard does not specify water absorption qualities of units. As for any type of concrete, the mix should be pliable. PPC advises: “The mix is correct when it form a ball when squeezed in your hand.”
      We do have several documents that detail concrete brick and block making which I will make available on this site within the next 48 hours. Please check Document Downloads under Links & Downloads later in the week.

1260. Hi
      I am looking for standards for water used in the production of cement bricks and blocks. Can you help please.
      Jan

1261. Hi Chris,
      The building regulations and standards are published as SANS 10400. There is a link on this page to the old version of the regs published in their entirety. But as explained on this web site, these have been progressively updated. Most sections are now available for purchase at any office of the SABS. Or you can buy online from the SABS – the link is on our links page. However they do not currently sell a complete set. Please note that the SABS lists telephone numbers for all their branches on their web site.

1262. Good day Chris

      I have battled as yourselves you can send an e-mail to modungbm@sabs.co.za or you can phone 012 428 6666.

      Regards

1263. Good day,
      Please advise as to where one can purchase the complete ‘book’ = SA building regulations/standards.

      Thank You.

      Chris.