Applications for erecting buildings are governed by Section 4 of the National Building Regulations and Building Standards Act, 1977 (Act 103 of 1977), and it reads as follows:

1. 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.
2. Any application for approval referred to above shall be in writing on a form made available for that purpose by the local authority in question.
3. Any application referred to above shall;
   1. contain the name and address of the applicant and, if the applicant is not the owner of the land on which the building in question is to be erected, of the owner of such land;
   2. be accompanied by such plans, specifications, documents and information as may be required by or under this Act, and by such particulars as may be required by the local authority in question for the carrying out of the objects and purposes of this Act.
4. Any person erecting any building in contravention of the provisions of subsection (1) shall be guilty of an offence and liable on conviction to a fine not exceeding Rl00 for each day on which he was engaged in so erecting such building.

Approval by local authorities in respect of erection of buildings:

1. If a local authority, is satisfied that the application in question complies with the requirements of this Act and any other applicable law, it shall grant its approval in respect thereof;
2. Provided that the local authority shall grant or refuse, as the case may be, its approval in respect of any application where the architectural area of the building to which the application relates is less than 500 m2, within a period of 30 days after receipt of the application and, where the architectural area of such building is 500 m2 or larger, within a period of 60 days after receipt of the application.
3. When a local authority has granted its approval in respect of any application, such approval shall be endorsed on at least one of the copies of the plans, specifications and other documents in question returned to the applicant.
   1. Any approval granted by a local authority in respect of any application shall lapse after the expiry of a period of 12 months as from the date on which it was granted unless the erection of the building in question is commenced or proceeded with within the said period or unless such local authority extended the said period at the request in writing of the applicant concerned.
4. Any application in respect of which a local authority refused to grant its approval, may, at no additional cost be submitted anew to the local authority within a period not exceeding one year from the date of such refusal : -
   1. 1. if the plans, specifications and other documents have been amended in respect of any aspect thereof which gave cause for the refusal; and
      2. if the plans, specifications and other documents in their amended form do not substantially differ from the plans, specifications or other documents which were originally submitted; or
   2. where an application is submitted under Section 18 of the National Building Regulations and Building Standards Act, 1977 (Act 103 of 1977).

APPLICATION PROCEDURE FOR THE APPROVAL OF BUILDING PLANS

The designing, planning and the supervision of the erection of any building or structure or the performance of any function in connection therewith in terms of The National Building Regulations promulgated made in terms of Section 17(1) is subject to the provisions of any law of which the person undertaking such work or performing such function is required to be registered as an architect in terms of the Architects’ Act, 1970 (Act 35 of 1970), or to have a specified qualification, certificate, status or other attribute or to have had experience or training of a specified nature or for a specified period.

The plans and particulars in respect of any building to be erected by or on behalf of the State shall be accompanied by a certificate, signed by the head of the State Department concerned or an officer designated by him, setting out in full details as to the respect in which such erection will not comply with the requirements of these regulations.

No person shall erect any building which is to be supported by an existing building or extend an existing building unless a professional engineer or other approved competent person has judged the existing building to be capable of carrying any additional load arising from such erection or extension and has, in writing, so informed the local authority.

No plans, particulars or approval shall be required for any repair which has become necessary as a result of ordinary wear and tear or which is undertaken in the normal course of maintenance or upkeep of any building: Provided that where such repair will affect the structural loading or is a repair of any part of the structural system the local authority may require drawings or specifications to be submitted.

An application shall be made to the building control officer for authorization to erect any building defined as minor building work or to carry out any work falling within the ambit of such definition, and any such erection or work shall not be commenced before such authorization has been granted.

Minor building work shall comply with any national building regulations specified as a condition of the authorization granted by the building control officer.

Where in any application the owner of any building has declared such building to be a temporary building, the local authority shall, before granting provisional authorization assess such building in relation to-

1. the intended use and life of the building;
2. the area in which it is to be erected; and
3. the availability of suitable materials from which it may be constructed.

Any stall or other similar building to be erected as part of an exhibition shall be deemed to be a temporary building: Provided that where such stall is to be erected inside any exhibition hall the owner of such hall shall not be required to submit to the local authority any details of such stall: Provided further that such owner shall submit to the local authority a layout plan of all stalls within such hall, showing the location of each individual stall, and all aisles, passageways, escape routes and fire-fighting equipment.

Any incremental house shall in the application of these regulations in any intermediate stage of erection be deemed to be a temporary building.

Where any building is intended to be used for experimental, demonstration, testing or assessment purposes, the local authority shall grant authorization for a period of time sufficient for the erection of such building and for the performance of any experiment, or for the demonstration, testing or assessment of such building; and shall grant authorization for the erection of such building where testing or assessment of the completed building is the only way to ascertain whether such building complies with the requirements of these regulations.

Where an application is made to make an alteration or addition to any building, approval for the erection of which was granted before the date of commencement of the Act, such alteration shall comply with the requirements of the Act, but consequent changes to any other part of the building which would be necessary in order to make such other part comply with the requirements of the Act shall not be required unless in the opinion of the local authority such consequent changes are necessary to ensure the health or safety of persons using the building in the altered form; such addition shall comply with the requirements of the Act, but no changes to the original building shall be required unless the addition :-

1. will affect the structural strength or stability of the original building;
2. will render any existing escape route from the original building less effective: or
3. will affect the health of persons using the original building.

Where in terms of these regulations an obligation is imposed or may be imposed on the owner of any building or land to do or refrain from doing any particular act or thing, and such owner and some other person have lawfully agreed, in writing, that such other person shall accept such obligation on behalf of such owner; and such owner has, where required by the local authority, furnished the local authority with written proof of the fact contemplated and with the name and address of such other person, any reference in any such regulation to such owner shall be construed as a reference to such other person: Provided that such owner shall not be relieved of such obligation where such other person does not adhere to the agreement.

Plans and Particulars to be Furnished:

Any person intending to erect any building, shall submit to the local authority the following plans and particulars, together with the application:

1. A site plan;
2. layout drawings;
3. a fire installation drawing;
4. drainage installation drawing;
5. particulars of any existing building which is to be demolished and details of the method of demolition to be used;
6. such plans and particulars as may be required by the local authority in respect of :-
   1. general structural arrangements, subject to any requirement contained in these regulations with regard to design of the structural system'
   2. general arrangement of artificial ventilation;
   3. a fire protection plan;
   4. any certificate contemplated in these regulations; and
   5. any other particulars:

Provided that such plans and particulars shall not be submitted where, as a result of any exemption has been granted by a building control officer in terms of Section 13 of the Act; or any minor building work is a building having an area of not more than 5 m2 or is a pergola, wire fence or an open-sided fabric covered shelter for a cat, caravan or boat.

Where design work for the proposed erection of any building was commenced and significantly progressed before the date of coming into effect of these regulations and an application in respect of such erection has not been made prior to such date, the owner of the building, or a person authorized by the owner, may notify the local authority that such design work was so commenced and has so progressed.

Preliminary Plans and Enquiries:

Any person who intends to erect a building may, before submitting an application in accordance with the Act, request the local authority :

1. to examine any preliminary sketch plans of the building proposed to be erected and to furnish, in writing, its comments on such plans or on any particular features thereof specified by such person; or
2. to furnish, in writing, its opinion as to whether any material or method or form of construction intended to be used in the erection of such building will comply with these regulations.

Any application shall be accompanied by at least one set of plans, drawings and diagrams which shall :-

1. be clear and legible;
2. be drawn on white linen, white plastic or other suitable material;
3. contain the name of the owner of the site concerned; and
4. Validated and signed in black ink by the owner; and every subsequent alteration shall be likewise dated and signed.

Any application shall be accompanied by as many additional paper copies of every plan, drawing or diagram as required by the local authority.

Such plans, drawings, diagrams, and any copies thereof shall be on sheets of the A series of sizes or multiples of A4.

Plans, drawings and diagrams shall be drawn to a suitable scale selected from one of the following scales:

1. Site plans: 1:1 000, 1:500, 1:300, 1:200 or 1:100.
2. Plumbing installation drawings: 1:200, 1:100 or 1:50.
3. Layout drawings: 1:100, 1:50 or 1:20: (Provided that in the case of elevations 1:200 may be used.)
4. General structural arrangement drawings and structural details: 1:100, 1:50, 1:20, 1:10, 1:5, 1:2 or 1 : 1 .
5. Fire protection plans: 1:200, 1:100, 1:50, or 1:20.

The local authority may in circumstances deemed exceptional by it, accept a scale not provided for in this sub regulation.

One copy of the plans and drawings shall, for the convenience of the local authority, be coloured as stipulated in the Act.