Building guidelines and regulations

OBJECTIONS TO REZONING APPLICATIONS

The form that needs to be completed for all rezoning objections is available in Dropbox through this link:

Once you have completed the form,  send it to

 or
drop the completed form at TOP PAINTS next to MAYS PHARMACY in Main Street, Melville
 Please also e-mail APRA to let us know that you have made an objection, and keep us updated on developments.

BUILDING IN RESIDENTIAL AREAS

We have received the following information from the City of Johannesburg regarding building in residential areas. It is very important to follow these regulations.It is also important to ensure, when you are building, that rubble is contained. Rain often washes rubble, sand, stones etc. into our stormwater drains and this causes a lot of damage to the system.You are urged to use skips for rubble removal. These cost about the same as the “removal” trucks, and you have the added benefit of knowing that the rubble has ended up at a landfill site and not in one of our parks or in our water system.Building Inspector for our Ward is Jan Van Eden
janvane@joburg.org.za.
0834503012
0117610341Chief Building Inspector is Lebo Mdhlulli
lebomd@joburg.org.za
0834502949
0117610472

Building Approvals Notice

In terms of the National Building Regulations Act 103/1977 you are required to ensure that a written notice/request, on the prescribed form, is submitted to the Building Inspectorate for:

  • Notice to commence building work.
  • Inspection of all foundation trenches prior to placing of concrete (buildings/alterations/additions/boundary/retaining wall/etc).
  • Inspection of waste-water drainage systems (test, connection point and drains) prior to backfilling.
  • Notice of completion of building work (prior to occupation).Kindly note that the area Building Inspector is to be notified of any deviation from the approved plan prior to undertaking such work. This may necessitate the submission of a new set of plans together with the prescribed building plan submission fees.In addition to the above, you may be required to submit one or more relevant documents in order to obtain the required Occupation Certificate (it is suggested that you discuss this aspect with the area Building Inspector).Your attention is also drawn to the fact that, by law, a Certificate of Occupancy upon completion, must be obtained from this department prior to the building being used or occupied.The APPROVED PLAN, or a certified copy of the approved plan shall be available on site and remain available until an Occupation Certificate is issued.NOTE: THE LAW PRESCRIBES THAT AN OCCUPANCY CERTIFICATE MAY ONLY BE ISSUED AT THE WRITTEN REQUEST OF THE OWNER OF THE PROPERTY BEING DEVELOPED.This approval does note absolve the owner from the responsibility of ensuring that the building is erected in accordance with the National Building Regulations and Standards Act (Act 103/1977) and any other applicable law. Please note that it is the responsibility of the owner to ensure that adequate measures are taken to control the run-off of storm-water during the construction phase. The Council cannot be held responsible for any damage caused to your property, or adjoining properties by such storm-water. This approval does not absolve the property owner from complying with any other conditions imposed by the Deed of Title, Home Owners Associations, Review Committees, Body Corporate or any other governing bodies.The Owner shall ensure that the buildings are erected within the surveyed boundaries and prescribed building lines of the site and all in accordance with the approved building plan application.

    Where any building or part of a building, is required to be demolished, the Owner of such building is required to obtain the written permission from the Local Authority Building Inspectorate prior to undertaking such demolition work. Should you further require to utilise the road reserve or pavement for storage of building materials, you are required to apply for a hoarding permit from the Building Inspectorate at the prescribed fee.

    Where any work connected with the demolition or erection of any building, in the opinion of the Executive Director: Development Planning and Urban Management Unit, or his/her authorized representative, causes or has a detrimental effect on the strength, standard, safety, quality or position of any property belonging to or vested in the City of Johannesburg, the City of Johannesburg may recover such monies in terms of F2 (3) of the National Building Regulations and Building Standards Act No. 103 of 1977 (as amended), to repair or re-instate such property.

    NOTE: Any construction work undertaken by the owner which encroaches upon a Council servitude or into a general omnibus servitude in favour of the Local Authority is undertaken entirely at the Owner’s risk. Any consent by the Council thereto shall not be deemed to be a waiver of any of the Council’s rights in respect of such servitudes.

    Objections to rezoning now be emailed to ObjectionsPlanning@joburg.org.za

 

HERITAGE CONSIDERATIONS

Part of the charm of Auckland Park is its history, which is reflected in some of the older homes, shops, beautiful streets and trees. Buildings older than 60 years are protected by the National Heritage Resources Act, 25 of 1999 which states that
“No person may alter or demolish any structure or part of a structure which is older than 60 years without a permit issued by the relevant provincial heritage resources authority”.
In Gauteng, this authority is the Provincial Heritage Resources Authority – Gauteng. (PHRAG).

When an owner plans to alter or demolish part or the whole of a structure that is over 60 years, they are required to submit an application to PHRAG and then to the City Council. This also applies to alterations and/or additions to outbuildings (even where the outbuildings are not attached to the primary dwelling), even where the outbuildings may not be older than 60 years, but where the primary dwelling is older than 60 years.

Failure to obtain the relevant permission from PHRAG could result in a criminal prosecution.

Aspects to consider when you submit an application.
  • Will the proposed alterations and/or additions will affect the look and feel of the house,or the primary character of the dwelling?
  • Will the proposed alterations and/or additions be architecturally designed and carefully planned to integrate with and enhance the current aesthetic?
  • Will the proposed alterations and/or additions have integrity in and of themselves even if they are not necessarily the ‘same’ as the original architecture? An addition may adhere strictly to the original architecture even to the point of finding matching original windows etc. OR it could be modern but in harmony with the older part of the house and have its own integrity and aesthetic which is of a high standard. With respect to the later, such modern additions can still co-­exist with and enhance the original dwelling, without being incongruous – as opposed to ugly additions which are not thoughtfully designed and which may even include poor or inaccurate attempts to ‘match’ the existing architectural style.
  • Will the alterations improve the liveability of the house without detracting from the existing character of the house or the wider area of Auckland Park?
  • Will the alterations and/or additions impact negatively on neighbouring properties or the streetscape? While this is not strictly a heritage concern, we are s.ll mindful of any negative impacts such as overlooking, loss of privacy, loss of mature trees etc.

HERITAGE HINTS FOR HOME-OWNERS

Regarding “Heritage Value of Properties in Auckland Park”
The National Heritage Resources Act (Act 25 of 1999) (NHRA) seeks to “…empower civil society to nurture and conserve their heritage resources so that they may be bequeathed to future generations”. This document is issued in the interests of heritage conservation in our suburb Auckland Park. Property owners should realise that certain obligations arise if their property is 60 years old or older, or when the property becomes 60 years old – this, in terms of the so-­called “sixty-­year rule”. Currently, houses built before 1956 are considered to be protected in terms of the act below.

What is the “sixty-­year” rule?

In terms of the NHRA, Sec. 34 (1), “No person may alter or demolish any structure or part of a structure which is older than 60years without a permit issued by the relevant Provincial Heritage Resources Authority”. In Gauteng, this body is the Provincial Heritage Resources Authority (Gauteng), or PHRAG. Contact details are available from the Ward Councillor. It should be noted that not all properties 60 years old or older, although they are protected in terms of the Act, are heritage properties. When contemplating alterations, each property will be assessed, and treated on merit.

What is meant by “alter”?

The NHRA defines alter as follows: “… any action affecting the structure, appearance or physical properties of a place or object,whether by way of structural or other works, by painting, plastering or other decoration or any other means”. It is advisable, in the light of the above, for a potential buyer to establish the heritage status of a property prior to purchasing. An illegally altered structure may present problems for new owners – particularly when they apply for a permit to undertake alterations. What to do when unlawful alterations have taken place. Where an owner becomes aware that such alterations have taken place, either by the current owner or a previous owner, he or she should notify the PHRAG, and seek retrospective permission. This is not guaranteed, and in serious cases, could result in alterations already undertaken having to be reversed. Owners are advised to consult a professional heritage consultant. A list of such professionals is available on the Heritage Portal: http://www.heritageportal.co.za, or consult the Johannesburg Heritage Foundation:mail@joburgheritage.co.za

How can I help conserve heritage in my neighbourhood?

Be vigilant: note changes to structures and gardens, and don’t hesitate to notify the authorities where you suspect unlawful activity. Sec 50(2) of the Act designates every SAPS member as a heritage inspector with full powers.Community pressure is necessary to make this a functional reality – remember:
Your heritage is in your hands.

 

Homeowner’s application procedure & required documents

The procedures to obtain approval from the Greenside Heritage Sub-Committee are as
follows:
1. The applicant (owner and/or architect) should provide the following documentation:
a. Building plans showing the proposed alterations and/or additions in relation to the original plans;
b. A copy of the report which is intended to be submitted to PHRAG (which should include a copy of the original building plans);
c. Proof of payment of the application fee (see below for more detail); and
2. A site inspection will be arranged with the owner and/or architect once the above mentioned documents have been received.
a. The purpose of the site inspection is predominantly for the plans to be explained to the Committee on the basis of a direct appraisal of the property and not via photos or plans sent electronically. The architecture, character and heritage features of a house or other building cannot always be fully appreciated or understood on the basis of electronic documentation or photographs only.

PHRAG Contact details

Physical Address:
215(b)
2nd Floor
Surrey House,
35 Rissik Street, (Between Fox & Commissioner Streets)
JOHANNESBURG
2001
Mark correspondence for Attention: Ms N Cembi or Mr O. Monakhisi or Mr Grant Botha
For telephonic enquiries you can contact Grant Botha on 0834479523 or on email
Grant.Botha@gauteng.gov.za

 

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