| (1) |
Any person intending to erect any building shall submit to the local authority the following plans and particulars, together with the application: |
| (c) |
a fire installation drawing; |
[Regulation A2(1)(c) substituted by regulation 6(a) of Notice No. R. 432 of 1991]
| (d) |
drainage installation drawing; |
| (e) |
particulars of any existing building which is to be demolished and details of the method of demolition to be used; |
| (f) |
such plans and particulars as may be required by the local authority in respect of— |
| (i) |
general structural arrangements, subject to any requirement contained in these regulations with regard to design of the structural system; |
| (ii) |
general arrangement of artificial ventilation; |
| (iii) |
a fire protection plan; |
| (iv) |
any certificate contemplated in these regulations, including any applicable Agrément Certificate; |
[Regulation A2(1)(f)(iv) substituted by regulation 38 of Notice No. R. 574 of 2008]
| (v) |
particulars required in terms of any applicable legislation, by-laws, or part of SANS 10400; |
[Regulation A2(1)(f)(v) substituted by regulation 39 of Notice No. R. 574 of 2008]
| (g) |
a declaration by a person registered in a professional category of registration in terms of the one of the councils for the professions identified in the Council for the Built Environment Act, 2000 (Act No. 43 of 2000) in the relevant portion of Form 1 contained in SANS 10400-A as to how the applicable functional regulations shall be satisfied: |
[Regulation A2(1)(g) added by regulation 40 of Notice No. R. 574 of 2008]
Provided that—
| (aa) |
such plans and particulars shall not be submitted where— |
| (i) |
as a result of any exemption contemplated in paragraph (a) or (b) of the proviso to section 2(4) of the Act, it is not necessary to do so; |
| (ii) |
an exemption has been granted by a building control officer in terms of section 13 of the Act; or |
| (iii) |
any minor building work is a building having an area of not more than 5 m2 or is a pergola, wire fence or an open-sided fabric covered shelter for a car, caravan or boat; |
| (bb) |
in the case of any temporary building, only such plans and particulars as are contemplated in regulation A23 shall be submitted. |
| (2) |
The owner of a building shall appoint and retain the services of the person responsible for submitting the declaration required in subregulation (1)(g) and shall advise such person after such declaration has been submitted to the local authority of any changes made in the manner in which any functional regulation shall be satisfied or if the services of the competent person is for whatever reason terminated prior to the conclusion of his obligations in terms of these Regulations, or the appointment of any other competent person. Such person shall within one month of being notified by the owner or becoming aware of any change submit an amended declaration to the local authority. |
[Regulation A2(2) added by regulation 41 of Notice No. R. 574 of 2008]
| (3) |
Where it is not possible for the person appointed by the owner of a building in subregulation (2) to fulfil his or her duties, the owner of such building shall appoint and retain another suitably qualified person to take over and perform the duties and responsibilities assigned to such person in subregulation (2). |
[Regulation A2(3) added by regulation 41 of Notice No. R. 574 of 2008]
| (4) |
The names of all approved competent persons shall be entered into the appropriate schedule of Form 1 contained in SANS 10400-A before local authority approval may be granted. |
[Regulation A2(4) added by regulation 41 of Notice No. R. 574 of 2008]
| (5) |
A certified copy of any approved plans and particulars contemplated in subregulation (1) shall be available at the site where any building is being erected until a certificate of occupancy has been issued by the local authority. |
[Regulation A2(2) renumbered to A2(5) by regulation 41 of Notice No. R. 574 of 2008]
| (a) |
Where design work for the proposed erection of any building was commenced before the date of coming into effect of any amendment to these regulations or within 6 months of the publication of an edition of any part of SANS 10400 or a by-law and an application in respect of such erection has not been made prior to such date, the owner of the building, or a person authorized by the owner, may notify the local authority that such design work was so commenced and has so progressed. |
| (b) |
Subject to the provisions of this subregulation, an application in respect of an erection which has been the subject of a notification contemplated in paragraph (a) shall if so requested by the owner be dealt with by the local authority in accordance with the provisions of the building regulations, by-laws or edition of SANS 10400 in force immediately before such date. |
| (c) |
Any notification contemplated in paragraph (a) shall— |
| (i) |
be submitted by registered post within 6 months of the coming into effect of any new regulation, by-law or publication of a new edition of any part of SANS 10400; and |
| (ii) |
contain the name and address of the owner, the address of the site of the building concerned, the date of commencement of such design work and a description of the proposed erection and its intended use. |
| (d) |
The local authority shall, in writing, inform the owner concerned of acceptance of such notification. |
| (e) |
The provisions of paragraph (b) shall not apply in respect of any application which is made to the local authority more than 12 months after the date that the local authority informs the owner that it is so satisfied: Provided that the local authority may extend such period if it thinks it reasonable or necessary. |
| (f) |
Any person who gives false or misleading information in a notification in terms of this subregulation shall be guilty of an offence and such notification is null and void. |
[Regulation A2(3) renumbered to A2(6) by regulation 41 and regulation A2(6) substituted by regulation 42 of Notice No. R. 574 of 2008]
Statistics Act, 1999
