Statutory Information
Conditions of Establishment
When a township developer of a
residential township establishes the town, one
of the legal processes he/she has to go through
is to compile a list of special Conditions of
Establishment. This procedure enables the developer
to specify special conditions to which all property
buyers must adhere. It may for instance in a particular
township be required that no houses shall have
corrugated iron roofs, or that no house should
be smaller than say 200 m².
It is thus clear that Conditions Of Establishment
may (and will) vary for each township proclaimed,
depending on the needs of the particular developer.
It is thus not possible to list such conditions
on this website. However, the Conditions of Establishment
of every single township ever proclaimed is always
available at the Town Planning Department of the
relevant Local Authority. All prospective house
builders should therefore check with their local
authorities before finally deciding on a building
plan for their future house.
Conditions of Establishment of a particular township
may, under special circumstances, be relaxed by
the local authority, once the township developer
has agreed to such relaxation. Applications should
be launched at the relevant local authority.
Title Deeds
Each and every urban stand in South
Africa which is situated in a proclaimed township,
has a Title Deed document stored at the central
Deeds Office. Title Deeds may, amongst others,
also impose general and specific conditions or
restrictions of which a prospective home owner
should be aware. Such restrictions may for instance
limit the height of a building in relation to
its distance from a boundary fence, or may impose
a building line on a specific property, to prevent
any building from being built too close to a stand
boundary. Servitudes registered to accommodate
services like a sewer line for instance may also
be taken up in the Title Deed.
Restrictions laid down in a Title Deed are usually
more difficult to relax, but such relaxation may
under certain circumstances be warranted by the
local authority, once approval has been obtained
from the relevant provincial authority.
Town Planning Schemes
A Town Planning Scheme is a document
adopted by a local authority by which all development
under the jurisdiction of the authority is governed.
This may include broader issues like land uses
(zonings) and density of a development, or issues
focused on the individual stand, including coverage,
height restrictions, building lines, servitudes
etc. Restrictions imposed by an authority's Town
Planning Scheme are very specific to the relevant
local authority, and may usually be relaxed by
such authority.
It is important to note that no local authority
will approve a building plan, and therefore will
not allow building work to commence, if the owner's
building plans show a contravention of ANY restriction
imposed by ANY of the abovementioned documents.
Prospective home owners should therefore, after
selecting a suitable building plan, first make
sure that his/her proposed house does not contravene
any restriction as described above.
National Building
Regulations
The National Building Regulations
are a set of regulations appended to the National
Building Regulations and Building Standards Act,
Act 103 of 1977, as amended. These regulations
are applicable to all buildings erected anywhere
in South Africa, and were promulgated to prevent
different local authorities to announce their
own set of building regulations.
Although the National Building Regulations are
perceived by many to be extremely confusing and
involved, this is really not the case. It comprises
two mainstream regulation types, namely functional
regulations and deemed-to-satisfy rules. In its
simplest interpretation, the functional regulations
simply state that every building must be suitable
for its intended purpose! To achieve this simple
requirement, any building is regarded as complying
to these Regulations if a rational design has
been performed by a competent and suitably qualified
person. Therefore an owner can do whatever he/she
wishes to do, as long as all decisions are based
on a rational design. This is specifically done
in order to encourage innovative designs and building
materials.
Because not all designers may be interested in
using innovative methods and/or materials, and
because such methods and materials may not always
be practical and economical, the Act provides
for a complete set of deemed-to-satisfy rules,
by which any part of any building can be judged
for compliance to the regulations.
In the House Building Guide section on this website,
frequent reference is made to the relevant deemed-to-satisfy
rules of the National Building Regulations.
Customers
of inhouseplans.com can relax and rest
assure that all building plans sold on the inhouseplans.com website fully comply with all relevant National
Building Regulations. Because the regulations
are national, they are applicable to each and
every local authority in South Africa, ensuring
that all buildings plans available from inhouseplans.com are accepted by all local authorities in South
Africa.
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