New proposed legal amendments modernise monitoring, administration of building regulations, standards

The Department of Trade, Industry and Competition (dtic) said proposed amendments to the National Building Regulations and Building Standards Act are aimed at modernising the Act, resolving Constitutional gaps and empowering municipalities to enforce building regulations effectively.

These changes will contribute to a safer and more sustainable built environment, dtic Technical Infrastructure director Anna-Marie Lotter said at the National Building Control Officers Convention on November 28.

Specifically, Section 9: Review Board of Appeal and Section 29(8): Ministerial Approval for By-laws of the Act were declared unconstitutional - Section 9 for undermining municipalities’ executive authority and Section 29(8) for infringing on municipalities’ legislative powers.

The dtic proposed that appeals under Section 9 now be managed by municipalities, thereby aligning with the Spatial Planning and Land Use Management Act.

“This shift ensures municipalities retain their rightful executive authority over local building regulations,” she said.

Similarly, the dtic proposed that Section 29(8) be repealed to restore municipalities’ autonomy in promulgating by-laws.

While the department administers the Act, the National Regulator for Compulsory Specifications (NRCS) and municipalities are crucial for ensuring its effective implementation, she added.

“While the dtic provides the legislative framework, the NRCS oversees technical aspects and municipalities are entrusted with enforcement. Together, we ensure the built environment is safe, resilient and aligned with constitutional mandates,” she said.

The Act provides for the promotion of uniformity in laws related to the erection of buildings, prescribing standards to ensure safe construction practices, quality materials and adherence to sound building science principles.

However, it was last amended in 1995 and has faced legal challenges, Lotter said.

Further, public participation is critical to ensure that the legislation addresses the needs of all South Africans while adhering to constitutional principles.

The amendment Bill will be tagged as a Section 76 Bill and referred to the National House of Traditional and Khoi-San Leaders for input, she noted.

Meanwhile, the dtic, through the Commercial Forestry Masterplan, is working alongside the timber construction industry to develop the engineered timber sector, said dtic Resources Based Industries director Tafadzwa Nyanzunda.

The timber construction industry has also embarked on a journey to drive the use of timber as a sustainable, renewable and energy-efficient material that needs to be considered for construction.

“The South African government is committed to reducing carbon emissions and transitioning to a low-carbon economy. Wood does not require much energy to convert to engineered timber for use in construction, hence its embodied energy is low. For these reasons, it is a more environmentally responsible building material,” she explained.

The yearly National Building Control Officers Convention continues to serve as a vital platform for policymakers, regulators and municipal officers to engage on critical issues shaping South Africa’s infrastructure development, the dtic said.