| (1) |
The designing, planning and the supervision of the erection of any building or structure or the performance of any function in connection therewith in terms of these regulations is subject to the provisions of any law in terms of which the person undertaking such work or performing such function is required to be registered in terms of the Architectural Profession Act, 2000 (Act No. 44 of 2000), Engineering Profession Act, 2000 (Act No. 46 of 2000), Natural Scientific Professions Act, 2003 (Act No. 27 of 2003), or Professional and Technical Surveyors' Act, 1984 (Act No. 40 of 1984), or any other relevant Act. |
[Regulation A1(1) substituted by regulation 35 of Notice No. R. 574 of 2008]
| (2) |
The plans and particulars in respect of any building to be erected by or on behalf of the State shall be accompanied by a certificate, signed by the head of the State Department concerned or an officer designated by him, setting out in full details as to the respect in which such erection will not comply with the requirements of these regulations. |
| (a) |
No person shall erect any building which is to be structurally supported by an existing building or extend an existing building unless an approved competent person has judged the existing building to be capable of carrying any additional load arising from such erection or extension and has, in writing, so informed the local authority. |
| (b) |
Such notification shall accompany the application for approval of the erection of the building in terms of section 4 of the Act. |
| (c) |
For the purposes of this regulation "existing building" shall include a partly erected building. |
| (d) |
Any structural support provided by the existing building shall be deemed to be part of the structural system of the building to be erected. |
| (e) |
The local authority may require that the above notification be accompanied by a documented rational assessment of the adequacy of the structural support. |
[Regulation A1(3) substituted by regulation 36 of Notice No. R. 574 of 2008]
| (4) |
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. |
| (5) |
An application shall be made to the building control officer for authorization to erect any building defined as minor building work or to carry out any work falling within the ambit of such definition, and any such erection or work shall not be commenced before such authorization has been granted: Provided that such application and such authorization shall not be required for minor building work for which, in terms of the proviso to regulation A2(1), no plans are required. |
| (6) |
Minor building work shall comply with any national building regulations specified as a condition of the authorization granted by the building control officer. |
| (a) |
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. |
| (b) |
Any stall or other similar building to be erected as part of an exhibition shall be deemed to be a temporary building: Provided that where such stall is to be erected inside any exhibition hall the owner of such hall shall not be required to submit to the local authority any details of such stall: Provided further that such owner shall submit to the local authority a layout plan of all stalls within such hall, showing the location of each individual stall and all aisles, passageways, escape routes and fire fighting equipment. |
[Second proviso of regulation A1(7)(b) substituted by regulation 5 of Notice No. R. 432 of 1991]
| (c) |
[Regulation A1(7)(c) deleted by regulation 37 of Notice No. R. 574 of 2008] |
| (c) |
Where any building contemplated in paragraph (a) is intended to be used for experimental, demonstration, testing or assessment purposes, the local authority— |
| (i) |
shall grant authorization for a period of time sufficient for the erection of such building and for the performance of any experiment, or for the demonstration, testing or assessment of such building; and |
| (ii) |
shall grant authorization for the erection of such building where testing or assessment of the completed building is the only way to ascertain whether such building complies with the requirements of these regulations. |
[Regulation A1(7)(d) renumbered to (c) by regulation 37 of Notice No. R. 574 of 2008]
| (8) |
Where an application is made to make an alteration or addition to any building, approval for the erection of which was granted before the date of commencement of the Act— |
| (a) |
such alteration shall comply with the requirements of the Act, but consequent changes to any other part of the building which would be necessary in order to make such other part comply with the requirements of the Act shall not be required unless in the opinion of the local authority such consequent changes are necessary to ensure the health or safety of persons using the building in the altered form; |
| (b) |
such addition shall comply with the requirements of the Act, but no changes to the original building shall be required unless the addition— |
| (i) |
will affect the structural strength or stability of the original building; |
| (ii) |
will render any existing escape route from the original building less effective; or |
| (iii) |
will affect the health of persons using the original building. |
| (9) |
Where in terms of these regulations an obligation is imposed or may be imposed on the owner of any building or land to do or refrain from doing any particular act or thing, and— |
| (a) |
such owner and some other person have lawfully agreed, in writing, that such other person shall accept such obligation on behalf of such owner; and |
| (b) |
such owner has, where required by the local authority, furnished the local authority with written proof of the fact contemplated in paragraph (a) and with the name and address of such other person, |
any reference in any such regulation to such owner shall be construed as a reference to such other person: Provided that such owner shall not be relieved of such obligation where such other person does not adhere to the agreement contemplated in paragraph (a).
Contingency Fees Act, 1997
