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  1. Lola, Part M, Stairways was updated in April 2011. I have recently updated this page to incorporate the changes – which are additions, rather than changes as such. There is a small amount of information on spiral stairs – but of course all the other guidelines apply as well – specifically those relating to dimensions. I have also added info about timber stairs – which is a new section to Part M. I hope this helps.

  2. Louis, they are breaking the law. Part D Public Safety of SANS 10400 states that the edge of any balcony or similar structure (and this does apply to private homes – as do the regulations for fencing around swimming pools) that is more than 1 m above the adjacent ground or floor level must be provided with a balustrade or parapet wall not less than 1 m in height.
    I suggest that you call your local authority and report the situation and ask them to take action against the owner.
    In terms of plans etc., there may have been some sort of balustrade or railing on the wall at one stage – that has been removed – or the building inspector may not have noticed! Anything’s possible.

  3. Hi Tom, I have added to this page and you will see what the regulations are in terms of stairs (1 m height). In addition, Part D Public Safety of SANS 10400 states that the edge of any balcony (and this does apply to private homes – as do the regulations for fencing around swimming pools) that is more than 1 m above the adjacent ground or floor level must be provided with a balustrade or parapet wall not less than 1 m in height, unless there is a physical barrier that is properly erected and maintained. By removing these railings, your neighbors are breaking the law!

  4. Yes you do have recourse to claim.
    I have added some info and a few drawings to this page, and have doubled checked the Standard for Stairways. This is the clause that “proves” they were negligent:
    “4.2.7 The variation in the dimensions of the risers and the goings of the treads in any one flight shall be not more than 6 mm,”
    They should also have handrails as a precaution against falling – because the steps incorporate more than five risers.
    The new regs mention masonry stairways but not specifically case concrete (though concrete SANS are cross-referenced), viz: “Masonry stairways and landings in occupancies classified as H3 and H4 in single-storey and double-storey buildings shall be in accordance with the provisions of figure 5 and the relevant requirements of SANS 2001-CM1 and SANS 2001-CC1 or SANS 2001-CC2.”
    H3 and H4 are domestic residences and dwelling houses
    SANS 2001-CM1 deals with masonry walling
    SANS 2001-CC1 deals with structural concrete works
    SANS 2001-CC2 deals with minor concrete works
    But I don’t think that these will help you.

  5. Patrick the railings for stairways must be at least 1 m high, and if the flight is more than five risers high it must have a continuous handrail that extend the full length of the flight. It should also be “securely fixed to such wall, screen, railing or balustrade at a height of not less than 850 mm and not more than 1 m measured vertically from the pitch line to the upper surface of the handrail”.
    Part B Structural Design of SANS 10400 cross references SANS 10104, Handrailing and balustrading (safety aspects). I don’t have a copy of this particular Standard, but it might be helpful.
    Part D Public Safety of SANS 10400 states: “The edge of any balcony, bridge, flat roof or similar place more than 1 m above the adjacent ground or floor level shall be provided with a balustrade or parapet wall not less than 1 m in height, unless unauthorized access of persons thereto has been excluded by a physical barrier properly erected and maintained.” (the same height as stairway railings)
    Your local authority may have additional requirements – so it may be a good idea to check with them too.

  6. I own a flat in a fairly old block (probably built in the late 60’s) and I’ve been told that the hand rails of the balconies in the block are too low and/or don’t conform with the regulations. What exactly should the height be? If they don’t conform what should be done – I think most owners are unaware of the potential problem and may resist having to spend money on something that was never a problem?
    Thanks for any advice,
    Patrick

  7. Christian says:

    I recently had an accident at a Five Star Lodge. The first riser of the staircase is only 120mm and risers 2-6 are 160mm. The staircase is a closed, cast staircase. As I came down the staircase, my perception of the last stair was misjudged and I slipped and fell resulting in a broken foot, surgery and time off work. Surely this staircase is not in accordance with building regulations and leaves for me to have recourse in claiming for this accident?

  8. Just my 2 cents worth here, I think it would be against the regulations to block the use of the stairs in any way, as this would block off a vital escape route in an emergency. Please use common sense when dealing with this “problem”.

  9. If there is anything stopping people using fire escape stairways, I guess it would be in one or other of the fire regulations. I will see what I can find next time I go to the SABS library.
    I have checked Part T, Fire protection, which deals with escape routes, including stairs, and there is nothing in the regulations to say that they may not be used unless in the case of a fire.

  10. Andries Strauss says:

    Hi Penny

    There are other stairs as well. The fire escape stairway is simply much more conveniently located for most in the building.

  11. I am not aware of a law that prohibits use of fire escape stairways except in emergency situations, but it isn’t common practice. There should be other stairs for day-to-day use, if there aren’t there might be a problem in terms of compliance with the NBR.

  12. Andries Strauss says:

    Does the law allow for fire escape stairways to be used in the normal day-to-day movements around the office? Or should usage of the fire escape stairway be limited to emergency situations only?

  13. Hi Tom,
    The Building Regulations do cover Stairways and railings. One of the main factors in Part-T is safety and by removing a railing or balustrade a persons life could be in danger. It sounds as though they have changed a legally approved structure into an illegal one. So this is a serious breach of the law. You can start by contacting your Local Council and ask for a Building Inspector to have a look.

  14. We have a porch at our main bedroom which is on the 2nd floor of the house we rent. There is no ballustrades or protection from falling of the porch, which is more than 3meters high. Only a small wall approx 500mm high. How did they pass the building plans?
    Is it legal to rent out a house with dangerous areas like that. Please advise

  15. Hi

    Apparently the regulations on stairs have changed very recently. Can you help with this. I have spiral and timber stairs. I want to make sure they will be ‘legal’. Busy fixing the house up.

    Lola

  16. Hi Natalie,
    All spiral staircases should be built to South African National Standards that manufacturers and installers are obliged to adhere to. If you are worried, and it sounds as if you are, contact your local Authority and ask them to send a building inspector to have a look and give you a report. In addition the factory manufactured stairs must follow the relevant SANS, but if the stairs ars build “in situ” then the Building Regulations Part M are to be followed but these have to be read in conjunction with the section that deals with the type of material used to build the stairway as well as Part T which covers “Fire Protection” amongst others. Have a look at our page on “Stairways” that has more info for you.

  17. How do I go a about to report a case where the spiral staircase is not
    up to the standard it should be and where in the act does it say what
    the spiral staircase should be like

  18. hi, we have a neighbour who removed stair railings inside the house
    and a balcony railing outside. approx two years now. is this allowed
    in a private house with kids?? can one report this?

  19. I am not aware of any form of accreditation as such. All staircases must comply with the building regulations and various relevant SANS. They should also be designed by a competent person – see here to learn more about competency.
    If someone is building the stairs for you, you can ask for proof of qualifications as well as specs on the materials to be used. They would also need approved plans. If you are installing a precast staircase, you can ask for proof of the qualification of the designer and of the materials used in terms of the relevant SANS. It would depend what type of staircase it is and the specific materials used. e.g. concrete, brick, timber, steel.

  20. How can one ensure that the staircase installer is accredited.

  21. Mark the minimum dimensions for steps are all given above, but as you say, they look perfectly reasonable. In terms of the SABS deemed-to-satisfy rules, the rise should be no more than 20 cm (200 mm) and the treads should be no less than 25 cm (250 mm).
    The pictures you sent me of the steps show that they do not have solid risers – in which case each tread needs to overlap the next lower tread by no less than 25 mm – and it looks as if they do.
    There is nothing in the NBR that I can find that mentions “anti-slip strips”, or even safe materials. Obviously if wooden steps were varnished, they’d become very slippery in wet weather. These look quite worn, but not to the extent of being hazardous in any way.
    The Act itself states:
    “Any stairway, including any wall, screen, railing or balustrade to such stairway, shall:
    (a) be capable of safely sustaining any actions which can reasonably be expected to occur and in such a manner that any local damage (including cracking) or deformation do not compromise its functioning;
    (b) permit safe movement of persons from floor to floor; and (c) have dimensions appropriate to its use.”
    I am not convinced that not having an anti-slip strip was in contravention of this law. i.e. It appears that the regulations WERE adhered to. In fact, having taken photographs of thousands of steps over time, we have NEVER seen wooden steps with anti-slip strips! And in all the research I have done for garden structures, I have never seen this recommended either – though I will recommend the idea in future.
    It seems to me that this was an unfortunate accident, and that the owner has now responsibly installed anti-slip strips to prevent something similar happening again.

  22. Hi, I am dealing with an insurance claim where a lady fell down on a flight of wooden steps during heavy rain. Obviously the steps are outdoors. At the time of her fall there were no anti-slip strips on the steps, but they have been installed now. I didn’t measure, but the risers seem to be less than 20cm and I estimate the treads are about 25cm wide. There are seemingly adequate balustrades, as the woman grabbed onto them and didn’t fall all the way down. From the deck to ground level is approximately 3m (no landing), but may be slightly more. (I didn’t measure anything at the time I was there, as the steps seemed solid to me and the question only came up afterwards about the regulations being adhered to). Can I send you photos to get your general impression? Personally, I suspect that the only issue may have been the lack of anti-slip strips, but I’d like any comment please.

  23. Lack of space is not an acceptable excuse for not building according to the National Building Regulations. There are three courses of action you should take.
    1. The law states that builders must be registered with the NHBRC. Since the building is in progress, notify the NHBRC immediately. If it turns out that the builders are not registered, then they are building illegally.
    2. Call in the building inspector and report the problem. The local council has the authority to insist that the stairs are demolished and rebuilt.
    3. Withhold payment until the situation is rectified. If you have a bond and the bank is making payments, alert them to the problem immediately.

  24. Hi,

    I have bought a stand in an Estate, The plan that I chose is double story house but now the staircase are a a set of 14 steps straight up (steep) design. They still building the house but the staircase has already been fitted, when i went to view the house i went up the stairs and i noticed that the tread fit my 3/4 shoe size & they are not even the same size all of them. when i go down the steps it feels like im going to fall on my face, i had to literally go down with my side to be more cautious. It worries me cause i just heard that several people who has the same design complained but they said nothing could be done because there’s no space to do them otherwise so other ppl left it as it is & i just found out that soon to be my neighbour fell down on his steps & he was taken to hospital so this worries me especially having a small baby that this will be my living nightmare cause they also just told me that nothing can be done but i still need to take measurements of the steps to prove my case. What are my options here? what should i do to make them redo my staircase? Is there a chance of me winning this case? Thank you, I will wait for the response.

  25. The risers can slant, but the part that you stand on (the tread) MUST be absolutely flat. If this is an outdoor staircase, there should be drainage on either side of the staircase to allow for run-off of rain water. If the treads slope they will be horrendously dangerous when wet!