Blue Designs - Architectural Designers

Occupation Certificates – who needs them?

Owners of buildings and their tenants will be prosecuted if they don’t have a valid occupation certificate. This is the message that is being sent out by most of the major metropolitan councils and the others are soon to follow. Any person or organization that occupies a building or a portion of a building without a valid occupation certificate is guilty of an offence that is punishable by law. The councils are taking action in terms of section 14 of Act number 103 that was already promulgated in 1977. Action taken against defaulters includes spot fines issued by the Fire Departments, termination of services and legal action that is taken in certain instances. Mr. Jeremy Rossouw, spokesperson for Building Inspection and Certification Services (BICS), said that a number of tenants and landlords that the group consulted with felt that this is, as was stated by some, “the latest money making racket of the councils”. The Metros and Local Councils are obliged to take responsibility for the safety and security of its citizens and to uphold and enforce the laws of the country.

Owners of buildings and their tenants should also be made aware that insurance companies might refuse to honor claims that resulted from fire or public liability should the premises not comply with the Act at the time of the incidence. Noncompliance also effects the banks that finance these buildings since this will severely impact on the income potential of the property, which is in most instances, the banks security. In the case of a Council taking action income can be lost and this situation can be even worst in the case of fire or structural collapse. It is understood that some banks are withholding final payment on new developments until the lender can present the bank with a valid occupation certificate.

The only issue that is currently slowing down action from the Councils is staff shortages; however, systems are being put in place to accelerate the process. For the moment the Council’s are however coping with the resources they have and will refuse occupation and the connection of services to any new development with outstanding occupation certificates.

An Occupation Certificate is compulsory for every building before occupation, as required by the National Building Regulations and Building Standards Act (1977). This is to show that all requirements have been met and to safeguard the owner.

The Occupational Certificate specifies the type of building – freestanding, terraced, cluster complex, town house complex, apartment or commercial building. The Certificate is required before water and electricity deposits can be accepted for newly built properties.

It is against the law to sell a property without 1) a full set of approved plans / planning permission from Council, 2) Occupation Certificate. An illegal / un-inspected building is not insured, this could lead to substantial losses in the event of fire / flood etc. After a month’s grace to submit building plans – property owners can be fined up to R1000 a day for not complying with the Act.

In order to get an Occupation Certificate from Council you will need:-

1.) Approved Building plans from the Municipality, plus any documentation from Town Planning regarding rezoning, building line relaxation, consent etc. etc. and if necessary an approved Site Development Plan (SDP).

2.)    Completion Certificate from a registered structural / civil Engineer – this is for the Foundations, Concrete Slabs, Staircases, Wooden / Suspended floors, Steel work, Roofs, freestanding Walls over 2.1m high, swimming pools and all structures built without prior planning permission.

3.)    Certificate (Roof Truss) – your truss supplier / installer should provide you with certification, alternatively consult your engineer.

4.)   IOPSA Certificate of Compliance (Institute of Plumbing South Africa) – this is required for all plumbing / drainage / sewerage work.  It can only be issued by a registered plumber – for more information go to www.iopsa.co.za

5.)    Glazing Certificate – your glazier will supply you with Certification.

6.)    Electrical Certificate of Compliance – this can only be issued by a registered Electrician.

7.)    Fire Certificate – this is required for all public buildings and buildings using flammable materials e.g. wood or thatch roofs.

To avoid delays / additional Engineering fees etc. at the end of your building project – it is best to contact the Building Inspector prior to starting your build. The Building Inspector will want to conduct the following inspections:-

1.) Trench / Foundation Inspection – prior to concrete being poured.

2.) Wall / Structure Inspections – at floor level, lintel height and roof level.

3.) Drain Inspection – before connection to the municipal water / sewerage system and prior to infilling.

4.) Concrete Slab inspection (if applicable) – before concrete poured.

5.) Roof Inspection

Your local Municipality, Builder or Architect will provide you with your Building Inspectors contact details. It is best to call for appointments etc. before 10am whilst they are still in the office.

Once you have got your Occupation Certificate you will need to lodge copies with your bank (if the property is mortgaged) and your home / property insurance provider. This will save a lot of time in the event of a fire / flood etc.

GOOD LUCK !

Claire - 082 399 0180 / 011 025 4458

Whatsapp - 066 232 3676

bluedesigns5@gmail.com

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