Requirements & General Principles Part A
Design, Planning and Supervision of All Construction Work Must Follow a Legal Process
Requirements for each section of SANS 10400, the Code of Practice for The application of the National Building Regulations (NBR) is presented with the relevant extract from the building regulations (which is law), and is then followed by a general commentary explaining how the law should be interpreted to “satisfy” the law.
Generally the regulations themselves are remarkably short, while the deemed to satisfy rules (now referred to as deemed-to-satisfy requirements) are quite lengthy. But in Part A of SANS 10400, General Principles and Requirements, the regulations cover about 15 pages. By contrast, the regulations section relating to excavation covers just half a page.
You can download the standards (as published in 1990), as well as the most recent version of the regulations (the Act) published in its entirety, HERE, as well as the recent amendments to the Act. Just be aware that while the amendments to the regulations are complete, the SABS commentary in these documents, that explains how the regulations should be interpreted and applied, is not.
You can buy specific sections of the most recent edition of The application of the National Building Regulations SANS 10400-2011 from the SABS, either at one of their offices, or online at the SABS Internet store.
What is Covered in Part A: General Principles and Requirements
This section of the NBR covers details of requirements for plans, drawings and various documents that MUST be submitted to your local authority before you are allowed to build any sort of structure. For instance, you need to have:
- a site plan,
- layout drawings,
- a fire installation drawing,
- drainage installation drawings,
- particulars of any existing building or structure that is going to be demolished – and you need to state how it will be demolished,
- and any other plans and particulars that your local authority requires.
These general principles and requirements also specify the details that must be included on different plans, as well as the size and scale required on plans and drawings. They also state what colours to use to identify different materials on plans. For instance, new masonry must be shaded red and new concrete green. All existing materials are shown in grey.
When architects, designers and engineers draw plans, they use symbols to identify certain details. These are also specified in Part A.
There is also information regarding building control officers and their qualifications; specifications relating to plumbers and anyone doing plumbing work – only trained plumbers are permitted to do this work – specifications of who may design buildings, as well as inspect and assess them.
Changes to Part A of The application of the National Building Regulations
Previously referred to as SABS 0400-1990, these regulations were totally overhauled in 2008. This meant that the deemed-to-satisfy elements had to be overhauled and rewritten too. Reasons given for the overhaul were:
- the fact that the apartheid system had been abandoned
- the fact that South Africa’s population had doubled since the regulations were first written
- the fact that local authorities throughout the country had been completely restructured
- formation of the National Home Builders Registration (NHBRC)
- the introduction of much more complex building control and systems
- the introduction of an increasing number of innovative, new construction system for building
Furthermore, Section 24 of the Bill of Rights in the South African Constitution states that everybody has a right to: “an environment that is not harmful to their health or well-being”. So if our buildings aren’t healthy, and aren’t built with our health and welfare in mind, they are essentially unconstitutional!
Perhaps the greatest change – certainly the one that will impact on both individuals and the building profession – is the fact that all applications to build must now be accompanied by a declaration by a person registered in terms of a built-environment professional council, as to how the applicable functional requirements are to be satisfied. All plans must also be submitted by a “competent person” who is professionally registered in terms of the Engineering Professions Act, the Architectural Professions Act, or the Natural Scientific Professions Act. So unless you are a qualified architect, engineer, designer or somebody specifically with the required “education, training, experience and contextual knowledge” to judge whether a dwelling will meet the functional regulations, you are not a competent person!
Class of Occupancy of Buildings from the NBR
The NBR classifies all the different types of buildings, and when you look at the regulations, you need to be sure that what you are referring to refers to the correct type of “occupancy”.
The following table shows what the “design population” is for each of the occupancies above. In other words, it shows how many people are allowed in the various buildings, which are categorized according to function.
Hi. I was wondering what time the legal time to start construction in a residential area is?
Thanks.
I know for electricity you can just apply at the local Eskom office, and will have cables pulled from the closest Poles/feeders, dont have a clue about water plans yet. the thing is : in such areas people can just erect A shack and have eskom feed the electricity there. Will send you GPS co-ordinates and you can check via Google earth Hybrid-not sure if streetview is available.
thx for your responses.
That is an interesting one. I will try and find out; though I assume that the tribal authority should ensure that anyone building should abide by the legislation. But would they allow people to build traditional dwellings? Do you know whether they are supplying electricity, running water and so one for building?
The village is called Dilopye, previously grazing land belonging to the local tribal Authority.Now being allocated for residential use by the same tribal authority.
Northen Pretoria – Hammanskraal to be specific.
Building approval is required wherever you live, assuming of course that there is some sort of local authority that controls things like electricity, water, building of roads, schools and so on. Which village in particular?
Hi.
I just want to find out if all these building approvals are still required if one is building in the villages
The NBR is the legislation that covers when you can build etc. There is no other Act that over-rides it. But if you have an occupancy certificate, this is acceptance of the building meeting the requirements – even though initial permission was not obtained. i.e. It is no longer an illegal structure. Seems to me you’re going to need some legal assistance here.
Hello Penny,
It seems that the building was illegally constructed untill the Occupancy Certificate issued, in the National building Regulations Act No. 103 of 1977 in point 4 it says no Building can commence without approval, or is there another Act that indicates you can.
My Insurance company refuses to pay out a claim as they indicate the building was illegally erected?
SANS 10400-D, Public Safety covers pedestrian entrances to parking areas in buildings. I don’t know of any SANS that covers parking requirements though. I did a search on the SABS site and it doesn’t come up with anything except, as you say, facilities for disabled people. (Section S of 10400).
I have found a reference to parking requirements in relation to shopping centers: http://www.gtkp.com/assets/uploads/20091129-164336-9217-Parking%20S%20Africa.pdf
Local authorities do have their own requirements; so maybe contact yours and see what they can tell you.
These are design specs which you are more likely to find in some sort of architectural text book, rather than within regulations. This information comes from my book Bathrooms for the South African Home which unfortunately is long out of print. The measurements given are MINIMUMS.
Allow 200 mm on either side of the toilet, basin and/or bidet.
Allow 600 mm in front of toilets, basins and bidets.
If a toilet faces directly opposite a basin, then you can allow an overlap of about 150 mm.
Allow 700 mm on the side of a bath or shower – if the two face one another then the space can be common.
I hope that helps you.
I agree with the architect you have spoken to. Also, unless the two properties were developed together (e.g. semi-detached) I wouldn’t be surprised if the building itself is illegal. There are strict restrictions in terms of the distance from which house walls must be from boundaries. I wouldn’t wait for them to ask for your consent; I would contact your local authority immediately and find out if the wall itself – and the way the house has been built – is legal. To be allowed to build on a boundary, the original owner would have had to have firstly consent of the local authority (and a really good reason why this should be permitted); and secondly the consent of neighbours. I am absolutely certain that even if he (or a previous owner) had permission to build on the boundary, he may not tamper with the wall in any way at all – e.g. by making a hole or window in it.
You might also want to check that the wall actually IS on the boundary. If it encroaches on your property, you can demand that your neighbour demolishes it – or pays you compensation.
I am not aware of any law that restricts the number of people who may legally stay in a three-bedroomed house – although there is a “design population” table in the National Building Regulations (SANS 10400-A21) that states there should be two persons per bedroom. Apart from anything else, it would be impossible to police. You will need plans to change a garage to a fourth bedroom, because the requirements for garages and habitable rooms are not the same.
I would think not. However this is an issue that is separate to insurance.
Hi Deen, If your house is in a development, then the developer would have been responsible for the roads – and your claim should be against him and his company. The municipality would only be responsible for public roads. However it is not up to them to “decline” a claim. If it is a public road, you can take them to Court. You are also correct in assuming that the municipal inspectors should have known about the drainage situation. Of course the other issue is that if the drainage system belongs to the municipality, they do have some form of liability. Unfortunately it seems to me that you will have to get legal advice on this one. Good luck.
Hi Fritz, I have updated the section on Lighting and Ventilation which you might find helpful. You will find additional information in the relevant section of SANS 10400 (Part O). The only time you will be permitted to install an extractor fan in place of a window is when the bathroom is not located alongside an external wall. The installation will, in any case, need to be done with approval from your local authority.
What is the rule of thumb regarding windows in a room? Especially a bathroom, can I install an extractor fan instead of a window?
Hi Penny
I need advice please. My home was bought from a developer 8 years ago. My home is directly accross storm water drains that is an open pipe drainage system leading into a stream behind our homes.We we flooded many times as those storm eater drains failed t drain the water effectively.Complained to municipal at these times.Last year due to heavy rains- we were flooded where the water rose 1.2m high in our garage that led to car damage and other damages as well. We placed a claim with the municipal.They have declined our claim stating its not their fault even though we have proof and written report from the municipal engineers stating the pipes via cctv showed dmages and the outlet into the stream was covered by 1m high of sand.The municipal claims that a road next to my home is too high and that it should be lower so if the storm drains could not work efficiently the water could flow through into the stream. Tell me please- who supposed to pass the road ? The municipal does not want to take any responsibility yet building plans etc goes through them.What are my rights as municipal claims I bought the property at my own risk ?surely the municipal inspectors should have been aware of the drainage situation and seen that our home was not at risk when their system gets to overflow ?
Hello, I would like to know whether construction can commence with Site Development plans only, no Provisional Authorosation 7(6) was applied for? is my building insured
Hi, I want to know how many people may legally stay in a 3bedroom house, and does that change if the single garage is changed into a 4th bedroom. Also what is the legal restrictions if changing a single garage to a bedroom?
Thami you will need to contact your municipality to find out what the fee is.
Hi, I would like to know what is the municipality submission fee and what is the calculation based on.This is the fee I came across while gathering information about bldg as I plan to build next year.
Thanks
My neighbour’s house is built in such a way that the outside wall of the house is on the boundary between our properties. He is now looking to install a window in this wall to allow natural light into his house. Is this legal and would it be approved by the council? I spoke to an architect who advised that this is illegal for two reasons: it is a fire hazard/risk and it encroaches on my privacy. Can you confirm that this is in fact illegal and the clause within the building regaultions that I can refer to when I reply to the neighbours request for consent of his plans.
hi im doing my first project on desighning a building (a reception office ) ,where can i find specifications on how much space is needed around a toilet ,basin,ect. ? I can’t find information,please help
thank you
Which part of SANS covers parking requirements for various building types?
I have only seen parking for people with challanges.
Regards,
An.
Andrew there are several similar queries on this site. Off the top of my head, I am pretty sure that they must have got special permission to build garages next to the wall because there are minimum building distances – 3 m being the most common. At that stage they would have had to get neighbors’ permission. But this permission would be for garages and not any type of living unit. So if you know this is to happen, go to your local authority and draw their attention to the issue.
In terms of laws protecting us from what our neighbours do, I don’t think there is any straightforward legislation you can rely on. For instance if a neighbour decided to build a triple storey building, provided it was within the building line/height limits, you aren’t going to be able to stop him or her. I think the only other alternative would be to take legal action on the grounds that the development will devalue your property. Costly and not failsafe. Sorry I can’t be more helpful.