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

Regulations

Part A : Administration

A15. Maintenance and operation

[Heading substituted by regulation 65 of Notice No. R. 574 of 2008]

 

(1)
(a) The owner of any building shall ensure that any mechanical equipment, facility or any service installation provided in or in connection with such building, pursuant to these regulations or pursuant to any building by-law which was in operation prior to the coming into operation of the Act, shall be maintained in a safe and functional condition.
(b) Such owner or any person appointed by such owner to be in control of such building shall ensure that where such equipment, facility or installation is designed to be kept operating during the times of normal occupancy of the building, it is kept operating in such a manner as to attain any standard of performance prescribed in these regulations or in any by-law for such equipment or installation.

[Regulation A15(1) substituted by regulation 65 of Notice No. R. 574 of 2008]

 

(2) The owner of any building shall ensure that pursuant to these regulations or pursuant to any building by-law that was in operation prior to the coming into operation of the Act, the following is maintained in accordance with the requirements of the relevant functional regulations contained in Regulations B, H, J, K and L:
(i) the structural safety performance (behaviour of buildings under all actions that can be reasonably expected to occur);
(ii) the measures taken to resist the penetration of rain water and the passage of moisture into the interior of a building.

[Regulation A15(2) substituted by regulation 65 of Notice No. R. 574 of 2008]

 

(3) The local authority may serve a notice on such owner or person requiring him to comply with subregulation (1) or (2) within the time specified in such notice.

 

(4) The local authority may, by notice, in writing to the owner, order the evacuation of such building where the state of such building, equipment, installation or facility will cause conditions which in the opinion of the local authority may be detrimental to the safety or health of the occupiers or users of such building.

[Regulation A15(4) substituted by regulation 66 of Notice No. R. 574 of 2008]

 

(5) Any owner or person who contravenes the requirements of subregulation (1) or (2) or fails to comply with any notice served in terms of subregulation (3) or (4) shall be guilty of an offence.