SA Building Regulations (NBR) Introduction

1,269 Comments

1. many thanks for your help

2. 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)

3. 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

4. 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.

5. 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

6. 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?

7. 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.

8. 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?

9. 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.

10. 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?

11. 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

12. Thank you Penny

13. 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.

14. 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

15. Good luck!

16. haha, yeah iam doing a project. single storeys are better but they both have their ups and downs. thanks

17. 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 😉

18. 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?

19. 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 “.

20. In the context of noise?

21. Johannes in what context?

22. 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

23. 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.

24. 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

25. 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.