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Acts and Regulations

PROPOSED CHANGES TO THE NATIONAL BUILDING REGULATIONS AND STANDARDS ACT (ACT 103 OF 1977) AND THE NATIONAL BUILDING REGULATIONS

To all concerned

 

As you may be aware, the National Building Regulations and Standards Act (NBR&S Act) call up the National Building Regulations (NBRs).  The NBRs in turn call up the SANS 10400 series – The Application of the National Building Regulations.  The NBR&S Act was last amended in 1995 and the NBRs were last amended in 2011.  The dtic has recently identified several key issues to be amended in the NBRs, including the water heating requirements of Regulation XA2.  The Building Control Officers (BCOs) Forum has also identified areas which require clarity, including the definition and use of the term “competent person”.

 

Furthermore, a number of changes have also been introduced into the SANS 10400 series, which either require or would be strengthened by means of amendments to the Act and to the NBRs.

 

Arising from this, the dtic are receptive for SABS TC060 (the technical committee responsible for the SANS10400 standards) to submit consolidated comments on possible amendments to the Act and the NBRs.  However, the SABS has requested that the dtic first submit a formal request to the SABS to use the SABS TC60 structures for this purpose.

 

Notwithstanding the SABS request to the dtic as well as personal communications by the chair of TC060 with the dtic to submit a response to the SABS, the response from the dtic has still not yet been received.

 

Because of time constraints, the South African Institute of Architectural Technologists (SAIAT) together with other practitioners acting in their private capacity have taken the initiative to provide impetus to this very important process by circulating and collating comments on draft amendments to the Act and the NBRs that have already been prepared.  These draft amendments are being circulated to practitioners who are actively involved in developing various parts of the SANS 10400 series, and to practitioners that are familiar with, or often asked to interpret, the NBRs.

 

Should the dtic and the SABS reach an agreement to use the SABS TC060 structures for the purpose of providing inputs into the NBR&S Act and the NBRs, this SAIAT initiative will feed into that process and hand over to the formal TC060 process.  If the dtic and the SABS are not able to reach an agreement in time, SAIAT will submit a formal response to the dtic.

 

SAIAT welcomes your input into the draft amendments to the Act and the NBRs.  Please use the comment template below and submit your comments to Frans Dekker at frans@saiat.org.za and copied to Dr Rodney Milford at rodney@one33.biz by 14 February 2025.  Together with Dr Rodney Milford, SAIAT will collate the comments and will document a SAIAT response to the comments received.  Depending on the progress with the formal request from the dtic to the SABS, the collated response will wither be submitted to the dtic, or the comments will be discussed with members of the SABS TC60.

 

Please find below links to the draft amendments that have been prepared to date.  The context for each amendment is explained in a grey-box [   ].  Unless otherwise noted, the following notation is used in the draft:

 

  • text with strike out represents text that is deleted; ;

  • text with underscore represents text that is inserted; .

 

Note that the draft NBR&S Act and NBR amendments presented here have no official standing, other than been developed by interested practitioners and circulated by SAIAT for discussion.

 

I look forward to your first round of inputs into this important process by 14 February 2025.

 

Kind regards.

 

FRANS DEKKER

Managing Director, SAIAT

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