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National Building Regulations and Building Standards Act, 1977 (Act No. 103 of 1977)

1. Definitions

 

In this Act, unless the context otherwise indicates-

 

application

means an application referred to in section 4(2);

 

architect

means an architect as defined in section 1 of the Architects' Act, 1970 (Act No. 35 of 1970);

 

architectural area

means the sum of the areas of the several floors of a building, including basements, mezzanine and intermediate floor tiers and penthouses of headroom height, measured from the exterior faces of the exterior walls;

 

building

includes-

a) any other structure, whether of a temporary or permanent nature and irrespective of the materials used in the erection thereof, erected or used for or in connection with-
i) the accommodation or convenience of human beings or animals;
ii) the manufacture, processing, storage, display or sale of any goods;
iii) the rendering of any service;
iv) the destruction or treatment of refuse or other waste materials;
v) the cultivation or growing of any plant or crop;
b) any wall, swimming bath, swimming pool, reservoir or bridge or any other structure connected therewith;
c) any fuel pump or any tank used in connection therewith;
d) any part of a building, including a building as defined in paragraph (a), (b) or (c);
e) any facilities or system, or part or portion thereof, within or outside but incidental to a building, for the provision of a water supply, drainage, sewerage, stormwater disposal, electricity supply or other similar service in respect of the building;

 

building control officer

means any person appointed or deemed to be appointed as building control officer by a local authority in terms of section 5;

 

bureau

means the bureau as defined in section 1 of the Standards Act;

 

code of practice

means code of practice as defined in section 1 of the Standards Act;

 

council

means the council as defined in section 1 of the Standards Act;

 

directive

means a directive made in terms of section 17(4);

 

erection

in relation to a building, includes the alteration, conversion, extension, rebuilding, re-erection, subdivision of or addition to, or repair of any part of the structural system of, any building; and "erect" shall have a corresponding meaning;

 

land surveyor

means a land surveyor as defined in section 49 of the Land Survey Act, 1927 (Act No.9 of 1927);

 

local authority

means-

a) any institution, councilor body contemplated in section 84(1)(f) of the Provincial Government Act, 1961 (Act No. 32 of 1961);
b) any statutory body designated by the Minister, after consultation with the Administrator of the province in question, by notice in the Gazette as a local authority for the purposes of this Act or any provision thereof,

 

Minister

means the Minister of Economic Affairs and Technology;

 

national building regulations

Means the national building regulations made in terms of section 17;

 

owner

in relation to a building or land, means the person in whose name the land on which such building was or is erected or such land, as the case may be, is registered in the deeds office in question: Provided that if-

a) such person, in the case of a natural person, is deceased or was declared by any court to be incapable of managing his own affairs or a prodigal or is a patient as defined in section 1 of the Mental Health Act, 1973 (Act No. 15 of 1973), or if his estate has been sequestrated, the executor or curator concerned, as the case may be;
b) such person, in the case of a juristic person, has been liquidated or placed under judicial management, the liquidator or judicial manager concerned, as the case may be;
c) such person is absent from the Republic or if his whereabouts are unknown, any person who, as agent or otherwise, undertakes the management, maintenance or collection of rentals or other moneys in respect of such building or land or who is responsible therefor;
d) the local authority in question is unable to determine the identity of such person, any person who is entitled to the benefit of the use of such building or land or who enjoys such benefit,

shall be deemed to be the owner of such building or land;

 

registered person

means a person defined in section 1 of the Engineering Profession of South Africa Act, 1990 (Act No. 114 of 1990), as a certificated engineer, engineering technician, professional engineer or professional technologist (engineering);

 

regulations

means the regulations made in terms of section 20;

 

review board

means the review board referred to in section 9;

 

specification

means a specification as defined in section 1 of the Standards Act;

 

standard method

means a standard method as defined in section 1 of the Standards Act;

 

standard specification

means a standard specification as defined in section 1 of the Standards Act;

 

Standards Act

means the Standards Act, 1982 (Act No. 30 of 1982);

 

statutory body

means any board, fund, institution, company, corporation or other organization established or constituted by or under any law;

 

structural system

in relation to a building, means the system of constructional elements and components of any building which is provided to resist the loads acting upon it and to transfer such loads to the ground upon which the foundation of the building rests;

 

this Act

includes the national building regulations made and directives issued in terms of it.