THE NATIONAL BUILDING REGULATIONS AND EMALAHLENI LAND USE SCHEME

• A set of statutory regulations to be followed and observed when embarking on a building project.

• To comply with the statutory requirements – Section 4
• To comply with the zoning requirements of the property on which one intends to build
• To comply with design standards set out for the South African weather conditions
• To avoid structural defects coupled with poor workmanship
• To secure value-for-money in your building product erected in a procedural manner
• To build stable and sustainable homes able to serve the current generation and the generations to come

• The owners lodge the building application with municipality using a prescribed Application Form;
• Applicable fees, as approved by Council, are calculated and paid depending on the size and nature of a development;
• The fees payable include plan fees, Water Connection Water Deposit, Sewer Connection, sanitary fees, structural fees and ;
• Water Connection and deposit for Schools, Clinics, Commercial, Full Sectional title, and other complex developments are handled by Water and Sanitation
  Department;
• The application is only admitted and circulated to various departments for comments after all the fees are fully paid with proof attached;
• Objection or supporting comments from various departments play a role in the final decision of the application – supported or unsupported;
• Perform the final assessment of the application and communicate the outcome to the owner – if refused, proposed remedial steps to be followed;
• Say the application is approved, the owner or developer is legal obliged to inform the Section on the commencement of the building project and book for
  inspections;
• Prior to commencing of building project, a Works Order Form is filled in requesting water connection and metering for building operations.
• Works Order for projects mentioned under bulletin 4 above are only treated by Water and Sewer department and provide the owner with necessary proof of
  payment.

Building Control inspects the following building stages

• Foundation inspection – check house position, foundation size, water supply, workers’ ablution facilities, etc;
• Basement inspection – check compaction density, foundation walls and other legal requirements;
• Superstructure inspection – check the walls constructions and compliance;
• Roof inspection – check roof trusses fabrication, SABS quality and treatment;
• Sewer inspections – check plumbing installation before backfilling and perform necessary tests;
• Final inspection – check compliance with legal requirements such waste management and systems necessary in the issuance of Occupation Certificate or a Happy Letter if RDP projects;
• The Occupation Certificate for a complicated project is only released once all the necessary procedures are confirmed and no deviations from approved plans
  detected;
• The original copy is, therefore, issued to the owner while the duplicate is sent to Finance for updates and
  correct billing;
• Any deviation from approved plan is dealt with in line with the National Building Regulations and other Council policies.

• Compliance with statutory design standards and development controls
• Easy to enroll the project with NHBRC for warranty schemes
• Hustle-free when selling your property – SPLUMA
• Easy access to property insurance with reasonable and affordable monthly premiums
• Security for lump sum capital borrowing with major financial institutions
• A property proportionally appreciating its value in durational periods

• Building without approved plans is a crime under Section 4 of the National Building Regulations and Building Standards Act 103 of 1977, as amended
• Prevented from selling the property and making transfers to the next owner
• Property value depreciating proportionally in age durational periods
• A high risk of structural collapse due to non-compliance with statutory design and building standards The municipality can impose a Fine and force the owner to pay, including taking the matter to Court for legal actions
• A high risk of having your house demolished through Court Demolition Orders and recover the costs incurred from the owner
• The house may not be used for securing personal or business loans with the major financial institutions

• Approach the municipality for advices and possible remedies
• Appoint the architect to draw “As-Built” plans for submission and approval
• Partly demolish non-complying portions of the existing illegal building to comply with the design requirements

• Planning tool that allows and restricts land uses in a property.
• This is determined by the zoning given to that specific property.
• Property zoning will have development controls applicable such as building lines, height, coverage

• Create a coordinated, harmonious municipal area.
• Guide and manage development according to the municipality’s vision.
• Promote sustainable development and quality of life • Determine the use and development of land
• Promote economic growth • Promote social inclusion • Promote efficient land development
• Promote minimal impact on public health, the environment and natural resources

• Provide clarity on what may or may not occur on the property.
• Protect the property value and create investor confidence.
• Resolve conflict of land uses
• To protect natural resources,
• Ensure the retention of land for future uses

Scheme is a legal instrument

• Land uses exercised that are not permitted are regarded as contraventions.

In the case of such: 

• A Land Use Inspector visits the property
• Identify the illegal land use
• Issue a contravention notice

• An owner can either, prove that the land use/s are legal, apply or cease the use based on whether land uses can be permitted.

• An owner will also be liable for an illegal land use tariff until such time the land use is ceased or rectified.

• Legal steps may be taken against property owners who fail
to comply and adhere to notices.

Consult the relevant municipal officials for advice.to comply and adhere to notices.