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

Regulations

Part A : Administration

A25. General enforcement

 

(1) No person shall use any building or cause or permit any building to be used for a purpose other than the purpose shown on the approved plans of such building, or for a purpose which causes a change in the class of occupancy as contemplated in these regulations, whether such plans were approved in terms of the Act or in terms of any law in force at any time before the date of commencement of the Act, unless such building is suitable, having regard to the requirements of these regulations, for such first-mentioned purpose or for such changed class of occupancy.

 

(2) Any person who contravenes a provision of subregulation (1) shall be guilty of an offence, and the local authority may serve a notice on such person calling upon him forthwith to cease such contravention.

 

(3) Where the erection of any building was completed before the date of commencement of the Act and such erection was in contravention of the provisons of any law in force before such date, the local authority may take any action it may have been competent to take in terms of such law.

 

(4) Where any building was being erected before the date of commencement of the Act in contravention of the provisions of any law in force before such date and the erection of such building is continued on or after such date in contravention of such provisions or of the provisions of the Act, the person who continues so to erect such building shall be guilty of an offence.

 

(5) Any person who, having obtained approval in terms of the Act for the erection of any building, deviates to any material degree from any plan, drawing or particulars approved by the local authority shall, except where such deviation has been approved, be guilty of an offence.

 

(6) The local authority may serve a notice on any person contemplated in section 4(4) of the Act or subregulation (4) or (5), ordering such person forthwith to stop the erection of the building concerned or to comply with such approval, as the case may be: Provided that where any deviation is found to be necessary during the course of construction of such building, the local authority may authorize the work to continue but shall require that an amended plan, drawing or particulars to cover such deviation is submitted and approved before a certificate of occupancy is issued.

 

(7) Whether or not a notice contemplated in subregulation (6) has been served, the local authority may serve a notice on the owner of any building contemplated in subregulation (4) or (5), ordering such owner to rectify or demolish the building in question by a date specified in such notice.

 

(8) If, before the date specified for the rectification or demolition contemplated in subregulation (7), the owner satisfies the local authority that he has complied with the requirements contained in these regulations, the notice contemplated in subregulation (7) shall be deemed to have been withdrawn.

 

(9) Where any building is being or has been erected and any contravention of these regulations other than those relating to matters referred to in subregulation (4) or (5) has been committed, the local authority shall serve a notice on the owner of such building and in such notice shall specify a date by which such owner shall have complied with the regulations, cite the regulations contravened and specify the steps to be taken in order to comply with such regulations.

 

(10) Where any building, excluding a temporary building, is being or has been erected without the prior approval contemplated in section 4(1) of the Act, the local authority shall serve a notice on the owner of such building, calling upon him to obtain the approval, in writing, as required by the Act, by a date specified in such notice.

 

(11) Any person who fails to comply with any notice contemplated in this regulation shall be guilty of an offence.