BUILDING CONTROL: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Building Control (Grade II Dwelling-Houses) (Appointment of Local Authorities) Order

Building Control (Grade II Dwelling-Houses) Regulations

Building Control Regulations

Establishment of Building Regulations Board

BUILDING CONTROL REGULATIONS

 

(under section 4)

 

(13th February, 1981)

 

ARRANGEMENT OF REGULATIONS

 

   REGULATION

 

 

 

PART I
Preliminary

 

   1.   Citation

 

   2.   Interpretation

 

 

 

PART II
Administration

 

   3.   Administration to be agreed between Building Authorities

 

   4.   Deemed-to-satisfy

 

   5.   Exempted buildings

 

   6.   Application

 

   7.   Designation of purpose groups

 

   8.   Change of use

 

   9.   Application for permit

 

   10.   Fees

 

   11.   Issue of permit

 

   12.   Rejection of permit

 

   13.   Title to land and planning approval

 

   14.   Notices of commencement and completion of certain stages of work

 

   15.   Inspection

 

   16.   Sampling of materials

 

   17.   Permit to occupy

 

   18.   Dangerous buildings

 

   19.   Water supply

 

   20.   Builder to comply with notice to demolish, etc.

 

   21.   Compliance with law

 

   22.   Appeals

 

 

 

PART III
Materials

 

   23.   Suitable materials

 

   24.   Special treatment of timber in certain areas

 

 

 

PART IV
Preparation of Site and Resistance to Moisture

 

   25.   Preparation of site

 

   26.   Protection of floors next to ground

 

   27.   Protection of walls against moisture

 

   28.   Materials below ground level

 

   29.   Weather resistance of external walls

 

   30.   Prevention of damp in cavity walls

 

   31.   Weather resistant walls

 

 

 

PART V
Structural Stability

 

   32.   Application of Part

 

   33.   Foundations

 

   34.   Structure above foundations

 

 

 

PART VI
Structural Fire Precautions

 

   35.   Determination of purpose group for purposes of this Part

 

   36.   Measurement

 

   37.   Provision of compartment walls and floors

 

   38.   Fire resistance

 

   39.   External walls

 

   40.   Requirements for compartment walls and floors

 

   41.   Protected shafts

 

   42.   Fire-resisting doors

 

   43.   Fire-stopping

 

   44.   Restriction on spread of flame over surface of wall or ceiling

 

   45.   Roofs

 

   46.   Provision of exits

 

   47.   Number of exits

 

   48.   Travel distance in relation to exits

 

   49.   Requirements as to exits

 

   50.   Width of exits

 

   51.   Enclosure of stairways

 

   52.   Construction of ramp

 

   53.   Doors in exits

 

   54.   Access to building for fire-fighting purposes

 

   55.   Provision of fire-mains

 

   56.   Occupant capacity

 

 

 

PART VII
Standards of Accommodation

 

   57.   Access

 

   58.   Stairs

 

   59.   Guarding of stairways

 

   60.   Guarding of landings, balconies and flat roofs

 

   61.   Accommodation

 

   62.   Size of habitable rooms

 

   63.   Height of room

 

   64.   Place for cooking

 

   65.   Food store

 

   66.   Light and ventilation

 

   67.   Bathroom and sanitary facilities

 

   68.   Sanitary facilities for building other than dwelling

 

 

 

PART VIII
Soil and Waste Drainage and Sanitary Appliances

 

   69.   Provision of sanitary conveniences in buildings

 

   70.   Drainage system of buildings

 

   71.   Construction of sewers

 

   72.   Additional requirements for sewers in or under a building

 

   73.   Sewer trenches near or under walls

 

   74.   Junctions and manholes

 

   75.   Construction of manholes

 

   76.   Ventilation of sewers

 

   77.   Soil, soil-waste, waste or ventilating pipes

 

   78.   Additional requirements for soil, soil-waste, waste or ventilating pipes

 

   79.   Additional requirements for waste pipes

 

   80.   Sanitary appliances

 

 

 

PART IX
Electrical Installations

 

   81.   Application

 

   82.   Conductors and apparatus

 

   83.   Fuses, switches and circuit-breakers

 

   84.   Precautions against metal becoming live

 

   85.   Isolation of systems and apparatus

 

   86.   Isolation of apparatus

 

   87.   Connection of appliances to supply

 

   88.   Precautions against special conditions

 

   89.   Voltages exceeding 200 volts

 

   90.   Electrical appliances

 

   91.   Light fittings, apparatus or appliances in room containing bath or shower

 

   92.   Wiring diagrams and distribution boards

 

   93.   Electric lighting

 

   94.   Electricity points

 

 

 

PART X
Scaffolds and Means of Access, Excavations and Demolition

 

   95.   Provision of scaffolds and means of access

 

   96.   Supervision

 

   97.   Construction, material and maintenance

 

   98.   Standards, uprights, ledgers and putlogs

 

   99.   Support and stability

 

   100.   Trestle scaffolds

 

   101.   Cantilever or jib scaffold

 

   102.   Working platforms and working stages

 

   103.   Boards and planks in working platform, gangway or run

 

   104.   Guard rails and toe boards at working place

 

   105.   Construction and use of gangway or run

 

   106.   Guard rails for gangway, run or stairs

 

   107.   Ladders

 

   108.   Openings in roofs, floors or walls

 

   109.   Roof work

 

   110.   Safety of excavations

 

   111.   Fencing of excavations, etc.

 

   112.   Access

 

   113.   Demolition of buildings and structures

 

 

 

PART XI
Rodent and Ant-Proofing of Buildings

 

   114.   Rodent-proofing of commercial buildings

 

   115.   Ant-proofing of buildings

 

 

 

PART XII
Heat-Producing Appliances Using Bottled Gas Fuel

 

   116.   Gas cylinder installation, etc.

 

 

 

      First Schedule

 

      Second Schedule - Rules relating to the Structural Stability of Walls

 

      Third Schedule

 

      Fourth Schedule - Sanitary Facilities to be Provided

 

      Fifth Schedule

 

      Sixth Schedule - Specific Areas

 

 

S.I. 12, 1981,
S.I. 86, 2005.

PART I
Preliminary
(regs 1-2)

 

1.   Citation

   These Regulations may be cited as the Building Control Regulations.

 

2.   Interpretation

   In these Regulations, unless the context otherwise requires-

   "apparatus" means electrical apparatus including machines, equipment or fittings in which conductors are used or of which they form a part;

   "appliance" means any device which uses electricity, excluding a light fitting or an independent motor;

   "basement storey" means a storey which is below the ground storey or, where there is no ground storey, a storey the floor level of which is at some point more than 1m below the finished level of the adjoining ground;

   "beam" includes a joist, purlin, rafter, rib or truss;

   "boundary" in relation to a building or compartment, means the boundary of the plot or lot belonging to the building;

   "builder" means the person who is or will be responsible for the work on site;

   "building" means-

 

   (a)   any building or erection constructed of durable materials (excluding buildings of local traditional construction), whether temporary or permanent, including any fixture, not being a structure or erection exempted under regulation 5, and includes a prospective building; and

 

   (b)   in relation to an extension, alteration or change of use of a building, only so much of the building as is comprised in the extension or is the subject of the alteration or change of use;

   "building authority" means an authority appointed by the Minister to be responsible in any area for the administration of these Regulations and includes a local authority;

   "Building Regulations Board" means the Board established under section 3 of the Act;

   "ceiling" includes a soffit or a rooflight, skylight or other part of a building which is exposed overhead within a room circulation space or protected shaft;

   "change of use" has the meaning assigned to it in regulation 8;

   "circuit" means an arrangement of conductors for the purpose of carrying electrical current;

   "circuit-breaker" means a mechanical device for making or breaking a circuit under normal or abnormal conditions such as those of a short circuit, the circuit being broken automatically;

   "circulation space" means a space which is solely or predominantly used as a means of access between a room and a protected shaft or between a room or a protected shaft and exit from the building or compartment;

   "combustible" in relation to a material, means the material is not capable of withstanding the non-combustibility test approved by the South African Bureau of Standards or British Standard 476;

   "compartment" means any part of a building separated from all other parts by a compartment wall or floor, and, for the purposes of these Regulations, if any part of the top storey of a buildng is within a compartment the compartment shall also include any roof space above such part of the top storey;

   "compartment wall" or "compartment floor" means a wall or a floor provided as such under regulation 37;

   "conductor" in relation to a core or cable, means the conducting portion whether consisting of a single wire or group of wires in contact with each other;

   "construct" means to alter, erect, extend, install or fit, and "construction" shall be construed accordingly;

   "dangerous building" means a building not fit for occupation or which is a danger to the safety of the occupier, owner or public by reason of its structural instability, insanitary condition or verminous state;

   "dead load" means the force due to the static mass of walls, partitions, floors, roofs or finishes, including all other constructions or fixed installations;

   "door" includes any shutter, cover or other form of protection to an opening in a wall or floor of a building or in the structure surrounding a protected shaft whether the door is constructed of one or more leaves;

   "drainage system" in relation to a building, means a system of pipes and sewers used for the sewerage of a building, including any fitting, appliance or equipment connected therewith;

   "dwelling" means a building or structure used regularly or intermittently for human habitation;

   "earthed" in relation to a connection, means effectively connected to the general mass of the earth;

   "electricity point" means a termination of the fixed wiring intended for the attachment of a lighting fitting or of a device for connecting the supply to a current-using appliance;

   "element of structure" means-

 

   (a)   any member forming part of the structural frame of a building or any other beam or column (not being part of a roof structure only);

 

   (b)   a floor, including a compartment floor, other than the lowest floor of a building;

 

   (c)   an external wall;

 

   (d)   a compartment wall;

 

   (e)   a structure enclosing a protected shaft;

 

   (f)   a load-bearing wall or part thereof;

 

   (g)   a gallery;

   "erection of a building" means-

 

   (a)   the construction of a new building;

 

   (b)   the re-erection of any building or part thereof which has been demolished or burnt down to within 3m of the ground; or

 

   (c)   the roofing over any open space between a wall or building;

   "excepted building" means-

 

   (a)   a building which is intended to be used wholly for the storage of goods, other than edible goods, or for the accommodation of plant or machinery, and in which any person employed is engaged solely in the general care, supervision, regulation, maintenance, storage or removal of such goods, plant or machinery; and

 

   (b)   without prejudice to the generality of the foregoing, a building which is intended to be used wholly for a purpose such that compliance with the provisions of these Regulations would not serve to increase protection to the health of any person employed in that building;

   "exit" means a fire-protected route by way of a room or doorway into a passage and thereafter only by way of a passage, including any stairway forming part thereof, by which a person may reach a place of safety, but at no stage by means of a lift, escalator or doorway containing a revolving door, and, in particular, means from-

 

   (a)   any point on a storey of a building, a route from that point;

 

   (b)   any room, a route from the doorway of the room; or

 

   (c)   any flat, a route from the entrance to the flat;

   "final exit" means an unenclosed space in the open air at ground level;

   "fire-protected route" means a route protected from fire and smoke;

   "fire resistance" means that an element of structure shall be capable of resisting the action of fire for the specified period approved by the South African Bureau of Standards or British Standard 476, Part 8, 1972, and "period of fire resistance" shall be construed accordingly;

   "fire-stop" means a non-combustible barrier or seal to full thickness of a wall or floor which would prevent or retard the passage of smoke or flame within a cavity or around a pipe or duct where it passes through a wall or floor or between elements of structure, and "fire-stopped" shall be construed accordingly;

   "floor" includes-

 

   (a)   a base or structure between the surface of the ground or the surface of any hardcore laid upon the ground and the upper surface of the floor; and

 

   (b)   any part of a floor to be used as a corridor and any balcony used in connection with a floor;

   "foul water" means water contaminated by soil water, waste water or trade effluent;

   "fuse" means a device for opening a circuit by means of a conductor designed to melt when an excessive current flows;

   "ground storey" means a storey the floor level of which is not more than 1 m at any point below the level of the adjacent finished ground level, or, if there are two or more such storeys, the lower or lowest of them;

   "habitable room" means a room used or intended to be used for living, eating or sleeping;

   "hazardous materials" means any materials prescribed as such by any written law and includes explosives, petroleum products and any materials involving high risk;

   "house" includes any part of a building which is occupied or intended to be occupied as a separate dwelling, and includes a flat;

   "insulation" means a suitable non-conducting material enclosing, surrounding or supporting a conductor;

   "internal lining" means any material of which the wall or ceiling surface is constructed and any applied finish;

   "linked switch" means a switch, the blades of which are linked mechanically so as to make or break all poles simultaneously or in a definite sequence;

   "live" in relation to a conductor, means that under working conditions-

 

   (a)   a difference of voltage exists between the conductor and earth; or

 

   (b)   it is connected to the middle wire, common return wire or neutral wire of a supply system in which that wire is not permanently and solidly earthed;

   "live load" means the load assumed to be produced by the intended occupancy or use, including distributed, concentrated, impact and inertia, but excluding wind loads;

   "lot" means a piece of land delineated as a lot on a general plan of a township or area filed in the Department of Surveys and Lands;

   "manhole" means any chamber constructed on a sewer so as to provide access thereto for inspection and cleaning;

   "occupant capacity" has the meaning assigned to it in regulation 56;

   "occupier" means the person in temporary or subordinate possession of a building or any part thereof;

   "opening" means-

 

   (a)   a window, door or other opening;

 

   (b)   any part of an external wall or side of a building which has a fire resistance less than that required by these Regulations; or

 

   (c)   any part of an external wall which has attached or applied to its external surface combustible material of a thickness of more than 1 mm whether for cladding or any other purpose;

   "operations" includes any act of construction or demolition of a building or work on a plot;

   "owner" means the person for the time being receiving the rent of a building whether on his own account or as agent or trustee for any other person, or who would receive the rent if the building were let to a tenant;

   "person" includes a corporation, company or incorporated body;

   "place of safety" means an unenclosed space-

 

   (a)   in the open air at ground level; or

 

   (b)   at ground level having sufficient final exits;

   "plan area" in relation to a floor, ceiling or roof, means the area thereof measured in the plan;

   "plans" means any notice given to or by, and any plan, section, specification or written particulars deposited with, a building authority;

   "plot" means the parcel of land which belongs or will belong exclusively to the building or to the building and any ancillary structure;

   "potable water" means water which is suitable for human consumption;

   "protected doorway" means a doorway-

 

   (a)   containing a self-closing fire-door-

 

      (i)   from a flat or maisonette to an open landing giving access to a stairway forming part of an exit; or

 

      (ii)   giving access to a protected shaft; or

 

   (b)   leading directly to a place of safety in the open at ground level;

   "protected shaft" means a stairway, escalator, chute, duct or other shaft which enables persons, things, or air to pass between different compartments;

   "protecting structure" means any wall, floor or structure enclosing a protected shaft, other than-

 

   (a)   a wall which also forms part of an external or compartment wall;

 

   (b)   a floor which is also a compartment floor or a floor laid directly on the ground; or

 

   (c)   a roof;

   "public sewer" means any sewer provided, constructed or maintained by or vested in a building authority or the Minister for the time being responsible for local government and lands;

   "purpose group" means the designation, under regulation 7, of a building or a part thereof according to its use or intended use;

   "sewer" in relation to a building, means a pipe conveying foul water and which forms part of the sewerage system of that building;

   "site" in relation to a building, means the area of ground covered or to be covered by a building, including its foundations;

   "socket outlet" means a device with protected current-carrying contacts intended to be mounted in a fixed position and permanently connected to the fixed wiring of the installation to enable the connection to it of a flexible cord or cable by means of a plug;

   "soil appliance" means a sanitary appliance for the collection and discharge of excreted matter;

   "soil pipe" means a pipe conveying soil water to a sewer;

   "soil waste pipe" means a pipe for conveying both soil and waste water to a sewer;

   "soil water" means water containing excreted matter, whether human or animal;

   "spread of flame rating" means that the surface is capable of withstanding for the specified period the test approved by the South African Bureau of Standards or British Standard 476, Part 8, 1972;

   "stairway enclosure" in relation to an exit, means any part of an exit (not being a part within a room) which includes stairway landings and approaches thereto and extends to a place of safety;

   "street" includes a public road or footpath or any land reserved for a future public road or footpath, and any drains in connection therewith;

   "subsoil water" means the ground water naturally contained in the subsoil;

   "surface of the wall" shall be construed as excluding the surface of any door, door-frame, window, window-frame, fire-place surround, mantel-shelf, fitted furniture or trim;

   "switch" means a mechanical device for non-automatically making and breaking a circuit-carrying current not greatly in excess of the rated normal current;

   "trade effluent" means liquid, either with or without particles of matter in suspension, which is wholly or in part produced in the course of any trade, industry or research, but does not include soil water or waste water;

   "travel distance" in relation to any point, means the distance to be covered between that point and the nearest protected doorway measured, where the floor is-

 

   (a)   divided by fixed seating or any other obstruction, by way of the shortest route along an open gangway; or

 

   (b)   not so divided, by way of the shortest route;

   "unprotected area" in relation to an external wall or side of a building, means-

 

   (a)   a window, door or other opening; or

 

   (b)   any part of an external wall which has-

 

      (i)   a fire resistance less than that specified for the wall; or

 

      (ii)   combustible material more than 1 mm thick attached or applied to its external face;

   "ventilating pipe" means a pipe open to the atmosphere at its highest point which ventilates the sewerage system or any part thereof;

   "waste appliance" means a sanitary appliance for the collection and discharge of water used for ablutionary, culinary or other domestic purposes;

   "waste pipe" means a pipe for conveying waste water to a sewer;

   "waste water" means used water, not being soil water or trade effluent;

   "wind loads" means all loads due to the effect of wind pressure or suction;

   "work" means the erection, extension or alteration of a building, the execution of any works on site or the making of a change of use, but shall not include any work for which a permit was issued prior to the date of commencement of these Regulations or any work carried out prior to that date.

PART II
Administration
(regs 3-22)

 

3.   Administration to be agreed between Building Authorities

   Any building which extends into the areas of two or more building authorities shall, for the purpose of the administration of these Regulations, be treated as if it were wholly within the area of one building authority as shall be agreed between the building authorities concerned or, failing agreement, as determined by the Minister.

 

4.   Deemed-to-satisfy

   Where any provision of these Regulations prescribes that the use of a particular material, method of construction or specification shall be deemed-to-satisfy the requirements thereof, it shall not be construed as to require any person to necessarily use such material, method of construction or specification.

 

5.   Exempted buildings

   These Regulations shall not apply to any building or part thereof consisting of or ancillary to-

 

   (a)   a mine or quarry not being a house or a building used as an office, showroom or canteen;

 

   (b)   a movable dwelling including a tent, van or other conveyance used temporarily or intermittently for human habitation;

 

   (c)   a building erected by an organization authorized by the Minister for experiment or research into the behaviour of any material, form of construction or design technique;

 

   (d)   a road, whether public or private, including, in the case of a public road, any bridge on which the road is carried;

 

   (e)   a sewer or water main which is, or is to be, vested in a building authority, a Government department or a statutory undertaking;

 

   (f)   an aerodrome runway;

 

   (g)   a railway, electricity or water authority, not being a house or building used as an office, showroom or canteen;

 

   (h)   a building erected by the Ministry;

 

   (i)   a building erected for use by the Botswana Defence Force;

 

   (j)   any temporary structure erected on site by a builder for his use during the construction of a building; or

 

   (k)   a "low cost" or "self help" dwelling house, situated within a township area designated therefor, constructed by or under the control of a local authority or the Botswana Housing Corporation.

 

6.   Application

   Subject to the provisions of regulation 5, these Regulations shall apply to-

 

   (a)   the construction or demolition of a building;

 

   (b)   a building in a dangerous condition; and

 

   (c)   the alteration or extension of a building,

if the building is within an area specified in the Sixth Schedule or is a commercial building or a place of worship or public assembly.

 

7.   Designation of purpose groups

   (1) Every building or compartment shall be designated according to its use as falling within one of the purpose groups specified in the Table set out in the First Schedule.

   (2) Where the whole or part of a building is used or intended to be used for more than one purpose, the main purpose of use shall determine the purpose group.

 

8.   Change of use

   (1) Subject to the provisions of regulation 5, these Regulations shall apply if a change is made or intended to be made in the purpose for which a building or part thereof is used.

   (2) For the purposes of this regulation a change of use shall be deemed to be made if-

 

   (a)   a building or relevant part thereof was-

 

      (i)   not originally constructed for occupation as a dwelling and is used or intended to be used for such a purpose; or

 

      (ii)   constructed for occupation by one family and is occupied or intended to be occupied by more than one family and is altered to create separate dwellings; or

 

   (b)   the purpose group of the building or part thereof, as designated by the Table set out in the First Schedule, is changed.

   (3) In the case of a change of use under subregulation (2) the provisions of these Regulations relating to standards of safety and health shall apply.

 

9.   Application for permit

   Any person who intends to-

 

   (a)   erect or demolish a building;

 

   (b)   make any structural alteration or extension to a building; or

 

   (c)   make any change of use of a building,

shall, if such work is subject to the provisions of these Regulations, apply to a building authority for a permit on the prescribed form and shall give a notice of intention and deposit such plans, sections, specifications or other written particulars required by the building authority, such documents to comply with the Annexure set out in the First Schedule.

 

10.   Fees

   An applicant for a permit under regulation 8 shall, at the time he submits his application, deposit a fee based on the total floor area, all floors contributing and measured inside the enclosing external walls, in accordance with the following scale-

 

Floor Area (m2) 

Fee (Pula) 

0- 15 

16- 50 

51- 150 

151- 500 

16 

501-2000 

32 

exceeds 2000 

64

 

11.   Issue of permit

   (1) A building authority shall, within six weeks of the receipt of an application under regulation 8, approve, defer or reject the application.

   (2) Where a building authority is satisfied that the provisions of these Regulations will be complied with, a permit shall be issued.

   (3) On the issue of a permit by a building authority two copies each of the documents submitted with the application for a permit under regulation 8, bearing the stamp of approval and the signature of an authorized officer of the building authority, shall be returned to the person to whom the permit was issued.

   (4) For use by the building authority representative, one copy each of the documents returned under subregulation (3) shall be retained on site during the period of building operations.

   (5) Where an application is deferred, the building authority shall give reasons therefor and shall, within 10 weeks of the receipt of the application, either approve or reject it.

   (6) A permit shall be valid for 24 months from the date of issue; where work is not commenced within that period the permit shall lapse but may, on written application for an extension, be extended for a further 12 months.

 

12.   Rejection of permit

   (1) Where, after perusal of an application for a permit and other documents submitted under regulation 8, a building authority is satisfied that the proposed work would contravene or fail to meet the requirements of these Regulations, it shall reject the application.

   (2) Where an application is rejected under subregulation (1), the building authority shall give reasons therefor.

 

13.   Title to land and planning approval

   Approval under these Regulations of an application for a permit under regulation 8 shall not-

 

   (a)   convey a title to the land or in any way affect a landlord and tenant relationship; or

 

   (b)   imply planning approval of the proposal and, where controls apply, planning permission in writing shall, prior to the commencement of any building operations, be obtained from the relevant authority.

 

14.   Notices of commencement and completion of certain stages of work

   (1) Every builder shall, in respect of every building, furnish to the building authority concerned-

 

   (a)   not less than three days' notice in writing-

 

      (i)   of the date and time at which building operations will commence,

 

      (ii)   before the covering of-

 

         (aa)   an excavation for a foundation;

 

         (bb)   a foundation;

 

         (cc)   a damp-proof course; or

 

         (dd)   concrete or other material laid over a site; and

 

      (iii)   before a drain or sewer to which these Regulations apply is haunched or covered in any way; and

 

   (b)   notice in writing not more than seven days after the completion of building work.

   (2) Any builder who neglects or refuses to give any notice required under subregulation (1) shall at his own expense comply with any notice in writing from a building authority requiring him within a reasonable time to cut into, lay open or demolish so much of the building, including any works or fittings, necessary to enable the building authority to ascertain whether or not these Regulations have been complied with.

   (3) Where a builder has, in accordance with a notice in writing from a building authority to rectify any specified contravention of these Regulations, effected such rectification, he shall within a reasonable time thereafter give notice thereof in writing to the building authority.

   (4) For the purposes of this regulation "three days' notice" means full working days and excludes a Saturday, a Sunday or a public holiday.

 

15.   Inspection

   (1) An authorized representative of a building authority shall have a right of entry-

 

   (a)   at any time during working hours to any site where building operations are in progress to inspect any work during or after construction and to require such tests on the drains, sewers, services, fittings or installations necessary to satisfy himself that the provisions of these Regulations are being complied with; and

 

   (b)   after completion of the work and until a permit to occupy has been issued under regulation 17, at any reasonable time during normal working hours.

   (2) Any work, services, fittings or installations which are found to contravene any provision of these Regulations shall be replaced or altered so as to comply therewith.

   (3) Any person who hinders an authorized representative of a building authority in the performance of his duties under this regulation shall be guilty of an offence.

 

16.   Sampling of materials

   (1) An authorized representative of a building authority shall be permitted to take samples of any materials to be used in the construction of a building to enable the building authority to ascertain whether or not such materials comply with the provisions of these Regulations.

   (2) Any person who hinders an authorized representative of a building authority in the performance of his duties under this regulation shall be guilty of an offence.

 

17.   Permit to occupy

   (1) No person shall occupy or use any part of a new building or the new part of an extended or altered building until it has been inspected for compliance with the provisions of these Regulations by an authorized representative of a building authority and a permit to occupy issued.

   (2) Subject to a building being in compliance with the provisions of these Regulations, a permit to occupy shall be issued by a building authority within seven days of the receipt of the notice of completion of work.

   (3) Where a building is in contravention of any provision of these Regulations, a permit to occupy shall be withheld until such time as the work complies therewith:

   Provided that-

 

   (i)   the building or a part thereof may be occupied by an approved number of watchmen;

 

   (ii)   where the building is extensive or comprises two or more separate buildings on the same plot, a permit to occupy may be issued in respect of part of the building or an individual building on the same plot.

   (4) Where a permit to occupy has been withheld under subregulation (3), the builder shall be informed in writing of the reasons therefor.

 

18.   Dangerous buildings

   (1) Where, in the opinion of a building authority, any building or structure or part thereof is in such a condition or is used to carry such loads as to be dangerous the building authority shall-

 

   (a)   take all reasonable precautions, including the erection of a fence, for the protection and safety of the public;

 

   (b)   give to the owner, or, if he cannot be found, the occupier, notice in writing to forthwith take action necessary to remove the danger; or

 

   (c)   apply to a magistrate's court for an order requiring the owner, or, if he cannot be found, the occupier, to forthwith remedy the defect.

   (2) Where an owner or occupier on whom an order has been served under subregulation (1)(c) fails to comply within the time specified in the order, or where the owner or occupier cannot be found, the building authority shall undertake the work necessary to render the building safe.

   (3) Where a building authority is satisfied that due to a structural defect or any other cause the condition of a building is such that it cannot be made safe, it may apply to a magistrate's court for an order requiring the owner or, if he cannot be found, the occupier to vacate the premises and demolish the building within the time specified in the order, and where the owner or occupier cannot be found or fails to comply with the order the building authority shall demolish the building.

   (4) Any expenses incurred by a building authority in carrying out any work necessary under this regulation shall be recoverable from the owner of the building.

 

19.   Water supply

   (1) Every building used or intended to be used for human occupation shall be provided with a sufficient supply of potable water, having regard to the number of persons occupying or intended to occupy the building or to be employed on the premises.

   (2) Where it appears to a building authority that the provisions of subregulation (1) are not being complied with, it shall reject an application to build until such compliance is effected.

 

20.   Builder to comply with notice to demolish, etc.

   (1) Where a builder who has carried out work without a permit or in contravention of the provisions of these Regulations receives a notice in writing from a building authority requiring him to demolish such work or to make any alteration thereto he shall, within such time as is specified in the notice, comply with the requirements therein, and if he fails to do so the building authority may execute the work ordered and recover from the builder the cost of doing so.

   (2) Any person who contravenes any provision of this regulation shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding P200, and, in the event of the offence continuing, to a further fine not exceeding P20 per day for each day the offence is continued.

 

21.   Compliance with law

   Compliance with the provisions of these Regulations shall not exempt any person from complying with any law in respect of the construction of any building or the storage or use of hazardous materials.

 

22.   Appeals

   Any person aggrieved by a decision under these Regulations may, within 60 days of such decision, appeal against a decision of-

 

   (a)   a building authority, to the Building Regulations Board on a matter within its jurisdiction; or

 

   (b)   the Building Regulations Board or a building authority, to the High Court on a matter of law.

PART III
Materials
(regs 23-24)

 

23.   Suitable materials

   (1) Any materials used-

 

   (a)   in the erection of a building;

 

   (b)   in the structural alteration or extension of a building; or

 

   (c)   for the back-filling of any excavation in connection with a building or works,

shall be-

 

      (i)   of a suitable quality in relation to the purpose for and conditions in which they are used;

 

      (ii)   adequately sized or prepared; and

 

      (iii)   applied, used or fixed so as to adequately perform the function for which they are designed.

   (2) The requirements of subregulation (1) shall be deemed to be satisfied if the use of material or method of mixing or preparing thereof conforms to the South African Bureau of Standards or the British Standards Institute specifying the quality of material and standard of workmanship required.

 

24.   Special treatment of timber in certain areas

   Where considered necessary the Minister may require timber products for use in a building in any designated area to be treated against insect attack, and, in such case, a copy of the specification for such treatment, approved by the Minister, shall be available from a building authority.

PART IV
Preparation of Site and Resistance to Moisture
(regs 25-31)

 

25.   Preparation of site

   (1) The plinth area of a building together with the ground surrounding it to a width of 1 m shall be effectively cleared of turf and other vegetable matter.

   (2) Where the dampness or the position of the site of a building renders it necessary, the site shall be effectively drained or such other steps taken as will protect the building against damage from moisture.

   (3) Where, during an excavation in connection with a building, works or fittings, an existing subsoil drain is severed, adequate precautions shall be taken to secure the continued passage of subsoil water through the drain to ensure that no subsoil water entering the drain causes dampness to the site of the building.

   (4) The requirements of subregulation (1) shall be deemed to be satisfied if all vegetable matter, including any bush or tree root is removed to a minimum depth of 100 mm or such further depth as may be required by a building authority.

 

26.   Protection of floors next to ground

   (1) The part of a building next to the ground shall have a floor constructed so as to prevent the passage of moisture from the ground to the upper surface of the floor.

   (2) A floor which is next to the ground shall be constructed so as to prevent any part thereof being adversely affected by moisture from the ground.

   (3) The requirements of this regulation shall be deemed to be satisfied if-

 

   (a)   where a floor is suspended-

 

      (i)   there is a minimum space of 150 mm between the underside of the floor and the adjacent finished ground level; and

 

      (ii)   the space has adequate through ventilation on at least two sides provided by openings, the minimum area of which on each side is 0,03 m2 per m of external wall;

 

   (b)   where a floor is a solid floor laid on the ground, it is not less moisture resistant than a floor comprising a layer of-

 

      (i)   compacted hardcore or other approved material not less than 100 mm thick; and

 

      (ii)   concrete not less than 100 mm thick, the floor level of which is at a height of not less than 150 mm above the adjacent finished ground level; and

 

   (c)   where a damp-proof membrane is provided it is-

 

      (i)   carried up the walls adjoining the floor to the level of the upper surface of the floor or higher;

 

      (ii)   joined and sealed to any other damp-proof course inserted in a wall, pier, buttress, column or chimney adjoining the floor; and

 

      (iii)   in a position, where there are damp-proof courses, to ensure that moisture from the ground cannot reach any timber or other material which would be adversely affected by it.

 

27.   Protection of walls against moisture

   (1) Any wall, pier, buttress, column or chimney shall be constructed so as not to transmit moisture from the ground to any material which is used in its construction or to any part, including the inside, of the building which may be adversely affected by moisture.

   (2) The requirements of subregulation (1) shall be deemed to be satisfied if a construction has a damp-proof course which is at a height of not less than 150 mm above the adjacent finished ground level and is in accordance with the South African Bureau of Standards.

 

28.   Materials below ground level

   Any part of a building which extends below the level of the damp-proof course shall be constructed wholly of materials not likely to be adversely affected by moisture from the ground.

 

29.   Weather resistance of external walls

   Every external wall, including a parapet, pier, buttress, column or chimney forming part of an external wall, shall be constructed so as not to transmit moisture from rain to any part of the building which would be adversely affected by moisture and be adequate to resist the penetration of moisture to the inside of the building.

 

30.   Prevention of damp in cavity walls

   (1) Where damp-proof courses are inserted in the leaves of any cavity wall constructed of bricks or blocks the cavity shall, unless the structure forming the bottom part thereof complies with the provisions of subregulation (2), extend not less than 150 mm below the level of the damp-proof course.

   (2) Where in any wall the cavity is bridged otherwise than by-

 

   (a)   a wall tie; or

 

   (b)   a bridging which occurs at the top of a wall in such a position that it is protected by a roof,

a damp-proof course or flashing shall be inserted in such a manner as will prevent the passage of moisture from the outer leaf to the inner leaf of the wall.

 

31.   Weather resistant walls

   The roof of every building shall be weatherproof and constructed so as not to transmit moisture due to rain to any internal part of the structure.

PART V
Structural Stability
(regs 32-34)

 

32.   Application of Part

   This Part shall apply to the design and construction of all buildings in which the loads are transmitted through each storey to the foundations and thence to the ground.

 

33.   Foundations

   (1) The general soil conditions and properties shall be explored before any construction work is commenced.

   (2) The foundations of a building shall be-

 

   (a)   designed and constructed so as to sustain safely the combined dead, live, wind or any other load and to transmit that load to the ground in such a manner that the pressure on the ground shall not cause any settlement which may impair the stability of the building or any adjoining works or structures; and

 

   (b)   taken to a depth or designed and constructed as to safeguard the building against damage by swelling, shrinkage or erosion of the subsoil.

   (3) The bearing pressure to be allowed shall be determined on the basis of the sheer strength characteristics of the soil or the permissible settlements, whichever gives the lower value.

   (4) Safety against sliding and overturning and the overall stability, particularly in the case of a sloping site or land-slip area, shall be taken into consideration in a design where a structural member is subject to earth pressure.

   (5) Where engineering drawings substantiated by calculations are not provided-

 

   (a)   the depth to the underside of a foundation shall not, except where rock is encountered, be less than 900 mm below finished ground level;

 

   (b)   in expansive soils, a foundation shall be taken to such a depth that seasonal changes in the water content are of no importance or the structure shall be designed to accommodate any expected movement; and

 

   (c)   where a floor is directly carried by the foundation, a filling of hardcore of not less than 150 mm shall be provided between the underside of the floor slab and the ground surface.

   (6) The design of foundations, including raft foundations, shall be in accordance with Table 1 set out in the Second Schedule.

   (7) The requirements of this regulation shall be deemed to be satisfied if the structural design and construction are in accordance with the said Table 1, the South African Standard Building Regulations or the British Standards Institute, but not partly with one and partly with the other, or, in the case of certain classes of walls, with the Rules set out in the Second Schedule.

 

34.   Structure above foundations

   (1) The structure of a building above the foundations shall, without any deflection or deformation which would impair the stability of or cause damage to the whole or any part of the building, safely sustain and transmit to the foundations the combined dead, imposed, wind or any other load.

   (2) The requirements of this regulation shall be deemed to be satisfied if the structural design and construction are in accordance with Table 1 set out in the Second Schedule, the South African Standard Building Regulations or the British Standards Institute, or, in the case of certain classes of walls, with the Rules set out in the Second Schedule.

PART VI
Structural Fire Precautions
(regs 35-56)

 

35.   Determination of purpose group for purposes of this Part

   (1) For the purposes of this Part every building or compartment shall be determined as falling within one of the purpose groups specified in Table 1 set out in the Third Schedule.

   (2) Where the whole or part of a building is used or intended to be used for more than one purpose, the main purpose of use shall determine the purpose group.

 

36.   Measurement

   For the purposes of these Regulations-

 

   (a)   the height of-

 

      (i)   a building or part thereof shall be the height above adjacent finished ground level to a level of half the vertical height of a pitched roof or the top of the walls or parapet, whichever is the higher;

 

      (ii)   a storey, other than the top storey, shall be the vertical measurement from its floor to the next floor above; and

 

      (iii)   the top storey shall be the vertical measurement from the floor to half that measurement between the highest and lowest parts of the roof;

 

   (b)   the area of a room, storey or compartment shall be the total floor area bounded by the inner surface of the enclosing walls; and

 

   (c)   the cubic capacity of a building or compartment shall be the volume of the space contained within-

 

      (i)   the inner surface of the enclosing walls or, where there is no enclosing wall, the outer edge of the floor;

 

      (ii)   the upper surface of its lowest floor; and

 

      (iii)   the under surface of the roof or ceiling of the highest storey within a compartment,

in computing these measurements no deduction shall be made for the space occupied by any other wall, shaft, duct or structural element.

 

37.   Provision of compartment walls and floors

   (1) Where in any building or a storey thereof the cubic capacity of the building or the area of a storey exceeds that specified in Table 1 set out in the Third Schedule, the building shall be so divided by compartment walls or floors that the cubic capacity of each compartment or the area of any floor therein shall not exceed that specified in the said Table 1.

   (2) Where the height of a building exceeds 15 m, the building shall be so divided into compartments that the height of-

 

   (a)   the lowest compartment does not exceed 15 m irrespective of the number of floors;

 

   (b)   the next compartment above the lowest does not exceed 9 m; and

 

   (c)   any other compartment does not exceed 6 m:

 

   Provided that this regulation shall not apply to-

 

   (i)   a building of one storey;

 

   (ii)   a building used for assembly only; or

 

   (iii)   any part of a building used wholly as a stairway or lift enclosed to comply with regulation 49.

   (3) The following walls and floors shall be constructed as compartment walls and floors-

 

   (a)   a floor in purpose group II (Institutional);

 

   (b)   a wall or floor separating-

 

      (i)   two adjoining buildings or parts of one main building occupied or intended to be occupied by more than one family; and

 

      (ii)   part of a building from any other part of the same building used or intended to be used for a different purpose group; and

 

   (c)   a floor exceeding 50 m2 in area over a basement storey.

 

38.   Fire resistance

   (1) Except where the contrary intention is expressly stated in these Regulations-

 

   (a)   an element of a building shall be constructed so as to have a period of fire resistance of not less than that specified in Table 1 set out in the Third Schedule, having regard to the purpose group and dimensions of the building;

 

   (b)   a load bearing external wall shall have a period of fire resistance of not less than half an hour;

 

   (c)   every compartment wall or floor which separates a part of a building used for purpose group II (Institutional) or III (Other residential) from any other part used for a different purpose group shall have a period of fire resistance of not less than one hour;

 

   (d)   an element of structure shall have a period of fire resistance of not less than that which it supports;

 

   (e)   where the element of structure forms part of two or more buildings or compartments the use of which is or is intended to be for different purpose groups, the period of fire resistance of the element shall comply with the greater or greatest of the periods of fire resistance specified.

   (2) For the purposes of this regulation-

   "a building" means the building or, if the building is divided into compartments, the compartment of which the element forms part; and

   "the height of a building" means the height of the building or, where the building is completely divided throughout its height by an imperforate wall of the specified period of fire resistance, the height of that part of the building.

   (3) An element of structure, in respect of the specified period of fire resistance, shall be deemed to be satisfied if it is constructed in accordance with Tables 7, 8 and 9 set out in the Third Schedule or the relevant specification of the South African Bureau of Standards.

 

39.   External walls

   (1) Every side of a building shall comply with the requirements relating to the limits of permitted openings specified in Table 2 set out in the Third Schedule unless the building is so situated that the side is completely open.

   (2) Every part of an external wall within 1 m of the boundary of a plot shall be constructed wholly of non-combustible material and have the period of fire resistance required by these Regulations and no opening shall be permitted in the wall except that-

 

   (a)   where a wall or a part thereof is located on the boundary of a permanent open space; or

 

   (b)   where a part of a wall is set back from the boundary,

an opening in accordance with the said Table 2 shall be permitted.

   (3) For the purposes of this regulation-

 

   (a)   any part of-

 

      (i)   a roof which slopes at an angle of 70 degrees or more to the horizontal; or

 

      (ii)   an external wall having a period of fire resistance less than that specified by regulation 36,

 

      shall be construed as an opening;

 

   (b)   reference to a building or compartment in relation to an opening means, where the building is-

 

      (i)   compartmented, the compartment side; or

 

      (ii)   not compartmented, the side of the building,

 

         in which the opening is situated;

 

   (c)   (i)   in calculating the percentage of permitted openings in a wall, only so much of the height and length of the wall necessary to enclose completely the intended openings shall be considered; or

 

      (ii)   where the external wall is at an angle to the boundary, the computed distance therefrom shall be the minimum distance; any setback or recess of 1,5 m or less shall be disregarded, and any setback of more than 1,5 m shall be considered as a separate wall.

 

40.   Requirements for compartment walls and floors

   (1) A compartment wall or floor shall be imperforate except for an opening-

 

   (a)   fitted with a door which complies with regulation 42;

 

   (b)   for a protected shaft;

 

   (c)   for a ventilation duct, provided that the space surrounding the duct is fire-stopped and any duct of a greater cross-sectional area than 0,02 m2 is fitted with an automatic fire-shutter where it passes through a compartment wall or floor;

 

   (d)   for a pipe-

 

      (i)   which is not a flue pipe;

 

      (ii)   which does not exceed 150 mm diameter where the pipe is made of non-combustible material; and

 

      (iii)   where the space surrounding it is fire-stopped where it passes through the compartment wall or floor; and

 

   (e)   for a chimney, ventilation duct or duct encasing one or more flues or a refuse duct where the construction is of non-combustible material with a period of fire resistance at least equal to that of the compartment wall or floor and the space surrounding the chimney or duct is fire-stopped.

   (2) Where a compartment wall or floor forms a junction with any other element of structure comprising any other compartment wall or floor, an external wall or any part of a structure enclosing a protected shaft, such elements shall be bonded together or be fire-stopped.

   (3) Where a compartment wall forms a junction with a roof, the junction shall be formed so as to ensure that the effectiveness of the fire resistance of the wall to the horizontal spread of fire is not impaired.

   (4) Combustible material shall not be built into, carried through or across the ends of any compartment wall or floor in such a manner as to render ineffective the resistance of the wall or floor to the effect and spread of fire.

 

41.   Protected shafts

   (1) A protected shaft shall not be used for any purpose other than as defined in regulation 2 except that where required it may contain-

 

   (a)   a pipe or duct other than that specified in subregulation (6);

 

   (b)   sanitary accommodation or a washroom or both; or

 

   (c)   an office on the ground floor, not exceeding 10 m2, constructed of non-combustible material, for a porter or caretaker.

   (2) Subject to the provisions of this regulation, every protected shaft shall be completely enclosed.

   (3) A protecting structure required to have a fire resistance of one hour or more shall be constructed wholly of non-combustible material.

   (4) Any wall, floor or other element of structure enclosing a protected shaft which is not part of the protecting structure may contain an opening in accordance with the provisions of these Regulations.

   (5) There shall not be an opening in a protecting structure other than-

 

   (a)   for a pipe the surround of which is fire-stopped;

 

   (b)   one fitted with a door which has a fire resistance complying with regulation 42; or

 

   (c)   for a ventilating duct.

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