Why is it necessary to obtain Town Planning authorization prior to making a building application?
In order to assess and approve a building application, it necessary to ensure that ALL Planning related controls applicable to a site have been satisfied and that there is no impediment that hampers the use to be effected on the site.
A clearance or authorization granted in terms of the relevant Town Planning Scheme and Planning legislation, does not presuppose that the application is “approved” or approvable in terms of section 7 of Act 103 of 1977.
Building applications not submitted within 30 days of a planning clearance being issued, may require the revalidation of the planning decision prior to a building application being accepted.
Why am I required to submit a building application to the Local Authority?
Section 4(1) of the National Building Regulations and Building Standards Act 103 of 1977 states the following:
“No person shall without the prior approval in writing of the local authority in question, erect any building in respect of which plans and specifications are to be drawn and submitted in terms of this Act.”
What constitutes building work?
Building work includes, but is not limited to the following:
(a) any structure (temporary or permanent) and irrespective of the materials to be constructed of, erected or used for or in connection with-
(i) the accommodation or convenience of human beings or animals;
(ii) the manufacture, processing, storage, display or sale of any goods;
(iii) the rendering of any service;
(iv) any other activities associated with (i), (ii) & (iii) above;
(b) any wall, swimming bath, swimming pool, reservoir or bridge or any other structure connected therewith;
(c) wooden cabins / huts (irrespective of use or size), awnings / carports and similar shelters, thatch gazebos / lapas, swimming pools, timber decks, enclosure of verandahs / balconies with sliding / folding door / window elements, etc..
(d) water storage tanks, solar electrical and water heating systems, etc..
Exemption from Submission of a Building Application
ALL building work requires the submission of a building application i.t.o sec. 4 of the NBR&BS Act to the local authority, unless exempted.
Work by or on behalf of the state requires the lodgment of plans, specifications and certificates with the local authority for its information and comment. Building work by or on behalf of the state associated with national security, or by virtue of economic considerations, necessity or expediency, may be exempted by the Minister of Trade and Industry from the lodgment of such documentation with the local authority.
(Refer to sec. 2 of the NBR&BS Act 103 of 1977 for further clarity). Such exemption does not exempt the state from compliance with the requirements of the NBR&BS Act as provided for in the SA Constitution.
The local authority Building Control Officer may, i.t.o. sec. 13 of the NBR&BS Act exempt an owner from the requirement to submit a plan in respect of a building defined as a minor building work and impose conditions and directions in such authorisation. An exemption from the requirement to submit a plan does not however exempt the owner from making an application i.t.o sec. 4 of the NBR&BS Act.
Office hours – Building Plan Submissions & Assessment?
Counters are open between 08:00 and 12:30 for the submission and collection of building plans from the relevant area offices ie: Central, South, North, Inner & Outer West.
Enquiry Contact no’s – Building plans ( NOT CONSENT / LAND USE MANAGEMENT applications )
Where clarity is required with respect to this form or information requested therein, please contact the relevant Area Office
Central – Durban:
166 K E Masinga (Old Fort) Road, Durban 031 311 7069
Inner West – Pinetown:
60 Kings Road, Pinetown 031 322 1933
North – Umhlanga:
327 Umhlanga Rocks Drive, Umhlanga Rocks 031 311 6074/76/79/80
North – Verulam:
151 Wick Street, Verulam 031 322 1761
North – Tongaat:
325 Gopalall Hurbans Road, Tongaat 031 322 1646
South – Winklespruit:
9 Mayors Mews, Winklespruit 031 311 5851
Outer West – Hillcrest:
22 Delamore Road, Hillcrest 031 311 2750