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This is the latest version of this By-law.
Submission of Building Plans By-law, 2015
- Published in Western Cape Provincial Gazette no. 7394 on 22 May 2015
- Commenced on 22 May 2015
- [Up to date as at 10 September 2021]
1. DefinitionsIn this by-law, the English text shall prevail in the event of an inconsistency between the different texts, and unless the context indicates otherwise—"Building Act" the National Building Regulations and Building Standards Act, 1977 (Act 103 of 1977) and includes the Building Regulations;"Building Regulations" the National Building Regulations promulgated under GN R2378 of 12 October 1990;"municipality" the Municipality of Swartland established in terms of section 12 of the Local Government: Municipal Structures Act, 117 of 1998;"organ of state"(a)any government department or administration in the national, provincial of local government sphere; or(b)any other functionary or institution—(i)that performs a power or function in terms of the Constitution or a provincial constitution; or(ii)that performs a public function or power in terms of legislation, but excludes a court or judicial officer."person" includes any natural person, juristic person, association or organ of state;
2. Purpose of by-law and application
3. InterpretationAny provision in this by-law relating to procedures for the submission of and consideration of applications for approval of the erection of a building as well as compliance requirements, must be interpreted as a reference to applicable corresponding provisions in the Building Act and Building Regulations.
4. Compliance and enforcement
5. Determination of tariffsThe municipality may, in terms of its Tariff By-law, determine tariffs and fees for any service rendered in terms of this by-law which must be reviewed annually during the budget process.
6. Offences and penaltiesAny person who erects a building contrary to the provisions of this by-law, or who fails to comply with a notice issued in terms of this by-law, commits an offence and shall upon conviction be liable to—(a)a fine or imprisonment, or either such fine or imprisonment or to both such fine and such imprisonment; and(b)in the case of a continuing offence, to an additional fine or an additional period of imprisonment or to such additional imprisonment without the option of a fine or to both such additional fine and imprisonment for each day on which such offence is continued; and(c)a further amount equal to any costs and expenses found by the court to have been incurred by the municipality as result of such contravention or failure.
7. Short title and commencementThis by-law shall be known as the By-law relating to the Submission of Building Plans of Swartland Municipality and shall come into operation on the date of promulgation thereof in the Provincial Gazette.
History of this By-law
22 May 2015 this versionPublished in Western Cape Provincial Gazette no. 7394By-law commences.