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Drakenstein
South Africa
South Africa
Building Control By-law, 2020
- Published in Western Cape Provincial Gazette no. 8220 on 13 March 2020
- Commenced on 13 March 2020
- [Up to date as at 9 April 2021]
1. Definitions
2. Purpose of by-law and application
3. Interpretation
4. Approval required in respect of buildings to be erected
A person who wishes to erect a building as contemplated in section 5, must submit the building plans or documents as required in terms of section 7 for consideration and approval by the municipality prior to commencement with the erection of such building.5. Buildings that require approval of the municipality
Without derogating from the provisions of section 4(1) of the Act, the NBR or any other law, the erection of buildings listed below require approval of the municipality and may include, but are not limited to-(a)containers, irrespective of the materials used in the erection thereof, used temporarily or permanently for purposes including but not limited to storage or habitable purposes;(b)storage tanks, irrespective of the materials used in the erection thereof, used temporarily or permanently for purposes including but not limited to storage of water, fuel or any other liquid;(c)air conditioning units;(d)pool pumps;(e)wendy houses, irrespective of the materials used in the erection thereof, used temporarily or permanently for purposes including but not limited to storage or habitable purposes;(f)grey water systems used for the reticulation of grey water as defined in the municipality’s Water Services By-law;(g)bore holes;(h)recreational equipment, irrespective of the materials used in the erection thereof, used temporarily or permanently for amusement or recreational purposes;(i)solar energy systems whether free standing or attached to a building;(j)wind turbines whether free standing or attached to a building;(k)communication infrastructure, including but not limited to cellular masts, antennae, satellite dishes, radio masts, whether free standing or attached to a building;(l)Informal structures, irrespective of the materials used in the erection thereof, used temporarily or permanently for purposes including but not limited to storage or habitable purposes;(m)fencing, irrespective of the material used in the erection thereof, which exceeds the height of 1,8 metres;(n)electrical fencing as contemplated in the Electrical Machinery Regulations, published under GN R250 in GG 34154 of 25 March 2011;(o)vibracrete structures;(p)tents or shade structures, or hydroponic tunnel structures, or similar structures, whether free standing or attached to a building, irrespective of the materials used in the erection thereof, used temporarily or permanently for purposes including, but not limited to storage, production or habitable purposes; and(q)temporary buildings as contemplated in Regulation A23 of the NBR;6. Certificate of occupancy
Subject to the provisions of section 14(1A) of the Act, a certificate of occupancy as contemplated in section 14 of the Act shall not be issued by the municipality unless the owner, where applicable, has provided the municipality with the following information-(a)electrical compliance certificate;(b)plumbing certificate (coc) – PIRB or IOPSA registered;(c)glass certificate issued by a competent person;(d)engineer’s structural completion certificate (form 4) or (form 3 –applicable on element);(e)mechanical engineer’s compliance certificate;(f)gas installation certificate issued by a competent person;(g)lift installation certificate issued by a competent person;(h)architectural completion certificate (Form 4);(i)energy efficient certificate (form 4)(j)beacon certificate issued by a professional land surveyor;(k)engineer’s drawings relating to reinforced or structural works;(l)in relation to fire safety, a certificate by a competent person certifying that the fire protection system, equipment and the fire installation system has been designed and erected in accordance with the application; and(m)notification and execution of Regulation A22 completion inspection.7. Application and requirements
8. Determination of tariffs and fees
The municipality may, in terms of its Tariff By-law, determine tariffs and fees for any service rendered in terms of this by-law or the Act, which must be reviewed annually during the budget process.9. Compliance and enforcement
10. Offences and penalties
11. Appeal
A person whose rights are affected by a decision delegated by the municipality may appeal against that decision by giving written notice of the appeal and the reasons therefore in terms of section 62 of the Local Government: Municipal Systems Act, Act 32 of 2000 to the city manager within 21 days of the date of the notification of the decision.12. Short title and commencement
This by-law shall be known as the Drakenstein Municipality Building Control By-law and shall come into operation of the date of promulgation thereof in the Provincial Gazette.- Entire By-law
- Preface
- 1. Definitions
- 2. Purpose of by-law and application
- 3. Interpretation
- 4. Approval required in respect of buildings to be erected
- 5. Buildings that require approval of the municipality
- 6. Certificate of occupancy
- 7. Application and requirements
- 8. Determination of tariffs and fees
- 9. Compliance and enforcement
- 10. Offences and penalties
- 11. Appeal
- 12. Short title and commencement
History of this By-law
-
13 March 2020 this version
Published in Western Cape Provincial Gazette no. 8220By-law commences.
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