Lesedi
South Africa
South Africa
Building Regulations and Standards By-law, 2018
- Published in Gauteng Provincial Gazette 153 on 6 June 2018
- Commenced on 6 June 2018
- [This is the version of this document from 6 June 2018 and includes any amendments published up to 4 April 2024.]
Part A – Definitions
1. Definitions
In these by-laws all words and phrases, except the words and phrases defined in these by-laws, have the same meaning as in the National Building Regulations and Building Standards Act, 1977 (Act 103 of 1977), the National Building Regulations made under the Act and the user's code of practice for the application of the National Building Regulations, namely SANS 10400/SABS 0400:1990, and, unless the context indicates otherwise-"adequate" means adequate in the opinion of the Municipality, regard being had in all cases to all the circumstances of a particular case and to the accepted principles of drainage installation and, in the case of any appliance, fitting or other object, to the purpose such appliance, fitting or object is intended to serve;"antisiphonage pipe" means a pipe or portion of a pipe provided to protect, by ventilation. a water seal or trap against unsealing through siphonage or back pressure;"approved" means approved by the Municipality, regard being had in all cases to all the circumstances of a particular case and to the accepted principles of drainage installation and, in the case of any appliance, fitting or other object, to the purpose such appliance, fitting or object is intended to serve;"cleaning eye" means an access opening to the interior of a discharge pipe or trap which is provided for the purpose of internal draining and which remains permanently accessible after completion of a drainage installation;"communication pipe" means a pipe leading from a main to the premises of a consumer as far as that street boundary of the premises which is situated nearest to the main or, where a meter is installed inside the premises, as far as the inlet of the meter,"connecting sewer" means that part of a sewerage system which is vested in the Municipality and by means of which a drain is connected to the Municipality's sewer."connection" means the point at which a drain is connected to a connecting sewer;"conservancy tank" means a tank which is used for the retention or temporary retention of the discharge from a drainage installation and which is emptied at intervals;"consumer" means -(a)the owner or occupier of any premises to which the Municipality has contracted to supply water;(b)a person who has entered into a contract with the Municipality for the supply of water; or(c)a person who lawfully obtains water from the Municipality;"drain" means that portion of a drainage installation on any premises other than a soil-water pipe, waste-water pipe, ventilation pipe or antisiphonage pipe, which is vested in the owner of the premises and which has been laid in the ground and is used or intended to be used for conveying sewage to a connecting sewer, a common drain, a conservancy tank or a septic tank situated on the premises;"drainage installation" means an installation vested in the owner of premises and includes a drain, soil-water pipe, stack, waste-water pipe, ventilation pipe, antisiphonage pipe, soil-water fitting, waste-water fitting, mechanical appliance or any other appliance or fitting or combination thereof for collecting and conveying sewage;"drainage work" means the construction or reconstruction of a drainage installation or the alteration of or addition to a drainage installation, or any work done in connection with a drainage installation, but does not include any work undertaken solely for repair or maintenance purposes;"industrial effluent" means any liquid, whether or not containing matter in solution or suspension. which is emitted in the course of or as a result of any trade or industrial operation, including a mining operation, and includes any liquid besides soil water or waste water or stormwater;"main" means a pipe, aqueduct or other work which IS under the exclusive control of the Municipality and which is used by the Municipality for the purpose of conveying water to consumers, but does not include a communication pipe;"Municipality" means the Lesedi Local Municipality established by General Notice 6770 in Provincial Gazette Extraordinary 141 of 1 October 2000 in terms of the provisions of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998), the Municipality's Mayoral Committee acting under the powers delegated to it in terms of the provisions of section 58 of the Local Government (Administration and Elections) Ordinance, 1960 (Ordinance 40 of 1960), or any officer to whom the Mayoral Committee has delegated, in terms of the provisions of section 58(3) of that Ordinance, any function duty or power vested in the Municipality in respect of these by-laws;"owner" means(a)the person who receives the rent or profits of land or property from a tenant or occupier of the land or property or who would receive the rent or profits if the land or property were leased whether for his or her own account or as an agent for a person entitled to the rent or profit:(b)where the person in whom the legal title to premises is vested is insolvent or dead, or is under any form of legal disability whatsoever, the person in whom the administration and control of the premises is vested as curator, trustee, executor, administrator, judicial manager, liquidator or other legal representative; and(c)in relation to-(i)a piece of land delineated on a sectional plan registered in terms of the Sectional Titles Act, 1986 (Act 95 of 1986), the developer or the body corporate in respect of the common property; or(ii)a section as defined in the Sectional Titles Act. 1986 the person in whose name the section is registered under a sectional title deed, and includes the lawfully appointed agent of such person;"piece of land" means-(a)a piece of land registered in a deeds registry as an erf. stand, lot, plot or other area or as a portion or a subdivision portion of such erf. stand. lot. plot or other area; or(b)a defined portion, not intended as a public place, of a piece of land which is held under surface right permit or under mining title or which, being proclaimed land not held under mining title, is used for residential purposes or for purposes not incidental to mining operations;"premises" means a piece of land. the external surface boundaries of which are delineated on -(a)a general plan or diagram registered in terms of the Land Survey Act, 1997 (Act 8 of 1997). or in terms of the Deeds Registries Act, 1937. (Act 47 of 1937); or(b)a sectional plan registered in terms of the Sectional Titles Act, 1986;"purified sewage effluent" means; water discharged from a water care works after purification of the water either into a watercourse or for purposes of re-use;"sanitary fitting" or "sanitary appliance" means a soilwater fitting or waste-water fitting;"septic tank" means a tank designed to receive sewage and to effect the adequate decomposition of organic matter in the sewage by bacteria action;"sewage" means soil water, waste water or industrial effluent whether separately or together;"sewer" means a pipe with fittings which is vested in the Municipality and is used or designed or intended to be used for or in connection with the conveyance of sewage;"soil water" means a liquid containing human or animal excreta;"soil-water fitting" means a filling that is used to receive and discharge soilwater;"soil-water pipe" means a pipe, other than a drain, that is used to convey soil water with or without waste water;"stack" means the main vertical component of a drainage installation or any part thereof other than a ventilation pipe;"stormwater" means a liquid resulting from natural precipitation or accumulation, and Includes rainwater, spring water and groundwater;"tariff" means the tariff of charges for the Municipality's sewerage services, as determined by the Council of the Municipality from time to time, acting under the powers delegated to the Council in terms of section 808. of the Local Government Ordinance (Ordinance 17 of 1939);"trap" means a pipe fitting or a portion of a sanitary appliance that is designed to retain a water seal in position;"ventilation pipe" means a pipe or portion of a pipe which leads to the open air at its highest point and which does not convey any liquid, but which is used to ventilate a drainage installation in order to prevent the destruction of water seals;"waste water" means used water that has not been polluted by soil water or industrial effluent. but does not include stormwater;"waste-water fitting" means a fitting that is used to receive and discharge waste water;"waste-water pipe" means a pipe, other than a drain, that is used to convey waste water only;"water care works" means a water works for the purification, treatment or disposal of effluent; and"water seal" means the water in a trap which serves as a barrier against the flow of foul air or gas.Part B – Scope of by-laws
2. Scope of by-laws
Part C – Streets and pavements
3. Catheads, cranes and platforms
A cathead, lifting crane, platform or other similar device may not overhang any street or sidewalk without the special consent of the Municipality.4. Slab footways and pavements
5. Plants on street verges
6. Street gutter bridges
No person may without the express permission of the Municipality bridge over or enclose any gutter or stormwater drain that is under the control of the Municipality.Buildings
7. Encroachments
With the consent of the Municipality-8. Restriction on the erection of buildings within the one-in-fifty-year flood-line
9. Relay of stormwater from high-lying erven to lower-lying erven
If, in the opinion of the Municipality, it is impracticable for stormwater to be drained from a high-lying erf direct to a public street, the owner of a lower- lying erf is obliged to accept and permit the passage of such stormwater over the lower lying erf. The owner of such high-lying erf from which storm water is discharged over the lower-lying erf is liable for a proportionate share of the cost of any pipeline or drain that the owner of the lower lying erf may find necessary to construct for the purpose of conducting the stormwater so discharged.10. Enclosures
Where a piece of land is enclosed in any manner whatsoever, the enclosure must be designed, erected and maintained in accordance with Schedule I, subject to any other provisions of these by-laws.11. Roofs
Part D – Sewerage
General provisions
12. Connection to sewer
13. Disconnection of drainage installations and conservancy and septic tanks
14. Drainage work that does not meet the requirements
15. Maintenance
Where any part of a drainage installation is used by two owners of any premises or more or two occupiers of any premises or more, such owners or occupiers are jointly and severally liable in terms of this section for the maintenance and repair of the drainage installation.16. Drain and sewer blockages
17. Interference with or damage to sewers and water care works
Any damage caused to the Municipality's sewer or any part of its sewerage or water care works through or in consequence of non-compliance with or the contravention of any provision of the National Building Regulations or these by-laws must be rectified or repaired by the Municipality at the expense of the person responsible for such non compliance or contravention or for causing or permitting such non compliance or contravention, and the cost of rectifying or repairing the damage must be determined by the Municipality.18. Entry onto premises
19. Manholes on municipal property
20. Mechanical food-waste and other disposal units
Prevention of water pollution
21. Sewage and other pollutants not to enter stormwater drains
22. Stormwater not to enter sewers
No person may discharge or cause or permit to be discharged any stormwater or any substance other than sewage into a drainage installation.23. Discharge from fountains, and swimming pools boreholes, wells, reservoirs
Water from a fountain, borehole, well, reservoir or swimming pool situated on private premises may only be discharged into a drainage installation with the prior written consent of the Municipality and subject to such conditions relating to place, time, rate of discharge and total discharge as the Municipality may impose.24. Permission to discharge industrial effluent
25. Control of industrial effluent
26. Metering and assessment of the volume and composition of industrial effluent
27. Prohibited discharges
Part E – Water
28. Connection from main
29. Valves in communication pipes
Every communication pipe must be fitted with a proper stop valve, which valve -30. Additions to fire extinguishing system
No further sprinkler may without the prior written consent of the Municipality be added or connected to any existing fire extinguishing system after such system has been connected to the main.31. Extension of fire extinguishing system to other premises
No extension or connection may be made from the fire extinguishing system of one premises to any other premises. If any such extension or connection is made, the Municipality is entitled to enter on any premises and to take all steps necessary to disconnect the extension or connection at the cost of the person responsible for the extension or connection.32. Inspection and approval of fire extinguishing services
No supply of water may be made or given in respect of a fire extinguishing service until the fire extinguishing system has been inspected and the Municipality has certified in writing that-33. Connections to be to the satisfaction of the Municipality
Any connection to a main in respect of a fire extinguishing service must be effected to the satisfaction of the Municipality, which is entitled to disconnect any fire extinguishing service at any time.34. Installation of reflux valves
In any private installation where a fire pump connection is installed, a reflux valve to close off the supply from the Municipality's main when the fire pump connection is being used must be installed between the boundary of the premises and the fire pump connection.35. Sprinkler systems
36. Header tanks and duplicate supply from main
If a header tank is installed above ground level, the header tank must be provided with an overflow pipe which discharges in such a position as to be readily observable and which may not be led away by any down-pipe to any drain.Part F – Notices
37. Notices
Part G – Offences and penalties
38. Offences and penalties
History of this document
06 June 2018 this version
Cited documents 3
Legislation 3
1. | Local Government: Municipal Structures Act, 1998 | 4003 citations |
2. | Deeds Registries Act, 1937 | 2751 citations |
3. | Sectional Titles Act, 1986 | 1289 citations |