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

Regulations

Part A : Administration

A13. Building materials and tests

 

(1)
(a) Material used in the erection of a building shall be suitable for the purpose for which it is to be used.
(b) All timber used in the erection of a building shall be treated against termite and wood borer attack and fungal decay in accordance with the requirements of SANS 10005 and shall bear the product certification mark of a body certified by the South African National Accreditation Systems.
(c) The requirements of subregulation (1)(a)) shall be deemed to be satisfied if such material complies with and is incorporated into buildings in accordance with the requirements of SANS 10400.

[Regulation A13(1) substituted by regulation 63 of Notice No. R. 574 of 2008]

 

(2) The local authority may test or cause to be tested any material or component used or to be used in the erection of any building in order to determine whether such material or component complies with the requirements of these regulations, and any officer of such local authority duly authorized for that purpose may, at any time after consultation with the person erecting such building, remove from the building site concerned so much of such material or component as is reasonably necessary to serve as a sample for the purpose of such test: Provided that the authorized officer may not exercise his powers in such a way that work of such erection is stopped when such material or component is being so removed and tested.

 

(3) If any material or component tested in terms of subregulation (2) does not comply with these regulations the local authority may serve a notice on such person, stating the respects in which such material or component does not comply and prohibiting such person from making further use of such material or component for the purpose for which it was or is to be used in the erection of such building.

 

(4) Except in the case where in such notice the local authority permits the use of such material or component in the erection of such building for some different purpose permitted in terms of these regulations, such person shall forthwith on receipt of such notice remove such material or component from such building or building site or from both, as the case may be.

 

(5) If any material or component contemplated in subregulation (2) is tested and has failed to comply with these regulations the local authority may recover the cost of such test from the owner of the building concerned.

 

(6) Where the owner of any building desires to use for a particular purpose any material or component which is not permitted or prescribed by these regulations to be used for that purpose, and he satisfies the local authority that such material or component is at least as suitable for that purpose as the material or component permitted or prescribed to be used by these regulations, then the local authority shall permit the use of such material or component for the purpose concerned.