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Updated: 13 October 2018

1. Definitions

Complete NBR&BS (PDF) download


Incorporates legislative amendments published in Gazette No. 34586 dated 09 September 2011 - Environmental Sustainability and updated to include the Review Board Regulations.

NBR&BS Act

In this Act, unless the context otherwise indicates-


application

architect

architectural area

Board

building

building control officer

code of practice

directive

erection

erect

land surveyor

local authority

Minister

national building regulations

National Regulator

owner

registered person

regulations

review board

specification

standard method

Standards Act

statutory body

structural system

this Act


"application"

means an application referred to in section 4(2)

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"architect"

means an architect as defined in section 1 of the Architects' Act, 1970 (Act No. 35 of 1970)

[Note: Act 35 of 1970 is superceded by Act 44 of 2000.]

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"architectural area"

means the sum of the areas of the several floors of a building, including basements, mezzanine and intermediate floor tiers and penthouses of headroom height, measured from the exterior faces of the exterior walls;

[Definition of ‘architectural area’ inserted by s. 1 (a) of Act 62 of 1989.]

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"Board"

means the Board as defined in section 1 of the National Regulator for Compulsory Specifications Act, 2008;

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"building" includes -

(a) any other structure, whether of a temporary or permanent nature and irrespective of the materials used in the erection thereof, erected or used for in connection with -


(i) the accommodation or convenience of human beings or animals;


(ii) the manufacture, processing, storage display or sale of any goods;

[Sub-para (ii) substituted by s. 1 (b) of Act 62 of 1989.]


(iii) the rendering of any service;


(iv) the destruction or treatment of refuse or other waste materials;


(v) the cultivation or growing of any plant or crop;


(b) any wall, swimming bath, swimming pool, reservoir or bridge or any other structure connected therewith;


(c) any fuel pump or any tank used in connection therewith;


(d) any part of a building, including a building as defined in paragraph (a), (b) or (c);


(e) any facilities or system, or part or portion thereof, within or outside but incidental to a building, for the provision of a water supply, drainage, sewerage, stormwater disposal, electricity supply or other similar service in respect of the building;

[Para. (e) added by s. 1 (c) of Act 62 of 1989.]

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"building control officer"

means any person appointed or deemed to be appointed as building control officer by a local authority in terms of section 5;

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"bureau ......"

[Definition of ‘bureau’ deleted by s. 36 of Act 8 of 2008.]


"code of practice"

means code of practice as defined in section 1 of the Standards Act;

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"compulsory standard specification ......"

[Definition of ‘compulsory standard specification’ deleted by s. 1 (a) of Act 36 of 1984.]


"council ......"

[Definition of ‘council’ deleted by s. 36 of Act 8 of 2008.]


"directive"

means a directive made in terms of section 17(4);

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"erection"

in relation to a building, includes the alteration, conversion, extension, rebuilding, re-erection, subdivision of or addition to or repair of any part of the structural system of any building, and

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"erect"

shall have a corresponding meaning;

[Definition of ‘erection’ substituted by s. 1 (e) of Act 62 of 1989.]

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"land surveyor"

means a land surveyor as defined in section 49 of the Land Survey Act, 1927 (Act No. 9 of 1927);

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"local authority" means -

(a) any institution, council or body contemplated in section 84(1)(f) of the Provincial Government Act 1961 (Act No. 32 of 1961).


(b) …


(c) any statutory body designated by the Minister, after consultation with the Administrator of the province in question, by notice in the Gazette as a local authority for the purposes of this Act or any provision thereof;

[Definition of ‘local authority’ substituted by s. 1 (f) of Act 62 of 1989.]

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"Minister"

means the Minister of Economic Affairs and Technology;

[Definition of ‘Minister’ substituted by s. 1 (b) of Act 36 of 1984 and by s. 1 (d) of Act 62 of 1989.]

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"national building regulations"

means the national building regulations made in terms of section 17;

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"National Regulator"

means the National Regulator as defined in section 1 of the National Regulator and Compulsory Specifications Act, 2008;

[Definition of ‘National Regulator’ inserted by s. 36 of Act 8 of 2008.]

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"owner"

in relation to a building or land, means the person in whose name the land on which such building was or is erected or such land, as the case may be, is registered in the deeds office in question: Provided that if -


(a) such person, in the case of a natural person, is deceased or was declared by any court to be incapable of managing his own affairs or a prodigal or is a patient as defined in section 1 of the Mental Health Act, 1973 (Act No. 18 of 1973), or if his estate has been sequestrated, the executor or curator concerned, as the case may be;


(b) such person, in the case of a juristic person, has been liquidated or placed under judicial management, the liquidator or judicial manager concerned, as the case may be;


(c) such person is absent from the Republic or if his whereabouts are unknown, any person who, as agent or otherwise, undertakes the management, maintenance or collection of rentals or other moneys in respect of such building or land or who is responsible therefor;

[Para. (c) substituted by s. 1 (c) of Act 36 of 1984.]


(d) the local authority in question is unable to determine the identity of such person, any person who is entitled to the benefit of the use of such building or land or who enjoys such benefit,


shall be deemed to be the owner of such building or land;

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"professional engineer ...... "

[Definition of ‘professional engineer’ deleted by s. 1 (a) of Act 49 of 1995.]


"registered person"

means a person defined in section 1 of the Engineering Profession of South Africa Act, 1990 (Act No. 114 of 1990), as a certified engineer, engineering technician, professional engineer or professional technologist (engineering);

[Definition of ‘registered person’ inserted by s. 1 (b) of Act 49 of 1995.]

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"regulations"

means the regulations made in terms of section 20;

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"review board"

means the review board referred to in section 9.

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"specification"

means a specification as defined in section 1 of the Standards Act.

[Definition of ‘specification’ inserted by s. 1 (d) of Act 36 of 1984.]

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"standard method"

means the standard method as defined in section 1 of the Standards Act.

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"Standards Act"

means the Standards Act, 1982 (Act No. 30 of 1982).

[Definition of ‘Standards Act’ substituted by s. 1 (e) of Act 36 of 1984.]

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"statutory body"

means any board, fund, institution, company, corporation or other organization established or constituted by or under any law;

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"structural system,"

in relation to a building, means the system of constructional elements and components of any building which is provided to resist the loads acting upon it and to transfer such loads to the ground upon which the foundation of the building rests;

[Definition of ‘structural system’ inserted by s. 1 (g) of Act 62 of 1989.]

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"Territory ....."

[Definition of ‘Territory’ deleted by s. 1 (f) of Act 36 of 1984.]


"this Act"

includes the national building regulations made and directives issued in terms of it.

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