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Updated: 13 October 2018

14. Certificates of Occupancy in respect of Buildings

1. A local authority shall within 14 days after the owner of a building of which the erection has been completed, or any person having an interest therein, has requested it in writing to issue a certificate of occupancy in respect of such building -


(a) issue such certificate of occupancy if it is of the opinion that such building has been erected in accordance with the provisions of this Act and the conditions on which approval was granted in terms of section 7, and if certificates issued in terms of the provisions of subsection (2) and, where applicable, subsection (2A), in respect of such building have been submitted to it;

[Para. (a) substituted by s. 7 (a) of Act 62 of 1989.]


(b) in writing notify such owner or person that it refuses to issue such certificate of occupancy if it is not so satisfied or if a certificate has not been so issued and submitted to it.


1A. The local authority may, at the request of the owner of the building or any other person having an interest therein, grant permission in writing to use the building before the issue of the certificate of occupancy referred to in subsection (1), for such period and on such conditions as may be specified in such permission, which period and conditions may be extended or altered, as the case may be, by such local authority;

[Sub-s. (1A) inserted by s. 7 (b) of Act 62 of 1989.]


2. Any person licensed or authorized by a local authority to carry out the installation, alteration or repair of any electrical wiring connected or of which connection is desired with the electrical supply or distribution works of such local authority or any statutory body, shall, at the request of the owner of a building of which the erection has been completed or of any person having an interest therein or of the local authority, issue a certificate if he is satisfied that the electrical wiring and other electrical installations in such building are in accordance with the provisions of all applicable laws;

[Sub-s. (2) substituted by s. 4 (a) of Act 49 of 1995.]


2A. Upon completion of the erection or installation of -


(a) the structural system, or


(b) the fire protection system, or


(c) the fire installation system,


of any building the person appointed to design such system and to inspect the erection or installation, shall submit a certificate to the local authority indicating that such system has been designed and erected or installed in accordance with the application in respect of which approval was granted in terms of section 7;

[Sub-s. (2A) inserted by s. 7 (c) of Act 62 of 1989 and substituted by s. 4 (b) of Act 49 of 1995.]


3. Any person who for the purposes of subsection (1) -


(a) submits a certificate contemplated in subsection (2) or (2A) which is substantially false or incorrect, knowing the same to be false or incorrect; or


(b) in a fraudulent manner issues or obtains a certificate contemplated in subsection (2) or (2A),


shall be guilty of an offence.

[Sub-s. (2) substituted by s. 4 (a) of Act 49 of 1995.]


4.

(a) The owner of any building or, any person having an interest therein, erected or being erected with the approval of a local authority, who occupies or uses such building or permits the occupation or use of such building -


(i) unless a certificate of occupancy has been issued in terms of subsection (1)(a) in respect of such building;


(ii) except in so far as it is essential for the erection of such building;


(iii) during any period not being the period in respect of which such local authority has granted permission in writing for the occupation or use of such building or in contravention of any condition on which such permission has been granted; or,


(iv) otherwise than in such circumstances and on such conditions as may be prescribed by national building regulation, shall be guilty of an offence.


(b) .....

[Para. (b) deleted by s. 7 (d) of Act 62 of 1989.]


5. The Minister may, on such conditions and for such period as he may think fit, by notice in the Gazette suspend the application of this section in the area of jurisdiction of any local authority.


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