DELplan Consulting

26/05/2026

21/05/2026

19/05/2026

Enforcement of Land Use and Building by-laws: safeguarding, safe quality living environments

The Land Use Development and Regulatory Compliance Department exists to protect the public by making sure that buildings and land uses are safe and lawful in terms of national standards and code. Enforcement is not punitive but serves as a warning to owners and developers that their activities may present a risk to residents, their homes and municipal services and demands measure to safeguard against such risks. This can be achieved partly by ensuring compliance with national legislation and municipal by-laws, which apply equally to all property, whether private or public.
The process ensures that owners take measures to ensure that buildings are structurally sound and safe to occupy, that they comply with norms and standards, and that people do not damage services such as water, sewer and electricity lines. Unauthorised building can cause damage to a person’s own property, their neighbour’s property, and critical municipal infrastructure.

How enforcement works
Enforcement takes place in three main ways:
• Complaints received from members of the public
• Routine area inspections and surveys
• Monitoring compliance with approved building plans and land use approvals

When a contravention is detected, the matter is registered and assigned to a case officer for investigation which starts with a desktop investigation to confirm whether authorizations are in place and assess the potential risks based on digital data at their disposal.

If needed, an inspection is conducted. Inspections are conducted lawfully in terms of section 15(1) of the National Building Regulations and Building Standards Act, which authorises officials to enter land or buildings at reasonable times to assess compliance. It is preferred that the owners are present during the inspection to engage about possible means to rectify the issue.

What happens if there is non-compliance?
If non-compliance is identified:
• The owner is informed; and
• A formal notice is issued explaining the contravention and the steps that can be taken to rectify.

The notice usually gives the owner options, which may include:
• Submitting the required application
• Removing the unlawful structure
• Stopping the unauthorised activity

The municipality does not impose penalties immediately. Several notices (typically up to three) are issued to give property owners reasonable opportunity to respond and make use of the available options. Property owners are encouraged to contact the department for guidance and assistance in resolving the matter.
Where an owner is clearly taking steps to rectify the issue, the municipality is open to granting an extension of time to comply, provided the activity does not pose a risk to life, property or essential services.

Fines, legal action and misinformation
Legal action is considered only as a last resort, after repeated failure to cooperate and remedy non-compliance. Litigation is not preferred, as it can be costly and time-consuming for both the municipality and the property owner.
If attempts to secure voluntary compliance are unsuccessful, a section 56 notice (which would include a fine and/or a requirement to appear in court) may be issued in terms of the Criminal Procedure Act. This still provides the individual with a further opportunity to make representations to the court.

It is also important to correct misinformation. Contrary to statements circulating on social media, the municipality does not impose a blanket fine of R6 000 for structures such as tool sheds. Any fines or penalties are determined through the proper legal process and depend on the facts and circumstances of each case.

Why compliance benefits everyone
The municipality has a legal and ethical duty to ensure that development is safe, orderly and lawful, for the benefit of all residents. Unchecked and unsafe building work can overload services, damage infrastructure, increase the risk of fires or structural failure, and incur costs that must ultimately be carried by law-abiding ratepayers.

Enforcement of bylaws is therefore a key element of good governance. It protects the rights and interests of all affected parties and is applied fairly and consistently, with multiple opportunities given to property owners to comply. It is not an instrument of “oppression”, but a regulated system designed to uphold the law, protect public safety and infrastructure, and allow residents the opportunity to regularise any non-compliance.

Residents are encouraged to contact the Land Use Development and Regulatory Compliance Department directly at 044 801 9171 for assistance, clarification or support in regularising any structures or land use activities.
Report suspected activities to [email protected], [email protected] or use the MySmartCity app to log a complaint by downloading the app on www.mysmart.city

18/05/2026

OBTAIN BUILDING PLAN APPROVAL BEFORE COMMENCING WITH CONSTRUCTION

George Municipality has an obligation in terms of Section 152 of the South African Constitution to promote a safe and healthy environment and reminds all property owners and developers that building plan approval must be obtained before construction begins. This aligns with the requirements of the National Building Regulations and Building Standards Act, 1977 (Act 103 of 1977).

A. Why Building Plan Approval Is Required
The National Building Regulations and Building Standards Act requires submission of building plans to and approval by the Municipality before any construction work commences.

Approval is necessary to ensure:
• Structural safety of the building;
• Compliance with zoning and building line requirements;
• Protection of neighbouring property and assets;
• Proper drainage and stormwater management;
• Compliance with health, ventilation, lighting and fire safety standards (SANS 10400);
• Controlled and lawful development within the municipal area.
Construction without approved plans renders the owner of the property liable as it may result in unsafe structures, legal disputes, additional costs, and enforcement action.

B. How to Obtain Building Plan Approval

Step 1 – Prepare Building Plans
Building plans must be prepared in accordance with the National Building Regulations. Where required, a registered architectural professional must be appointed by the owner to prepare and submit the plans. Your appointed architect is your advisor and shares the obligation to ensure compliance of your development with the requirements of the National Building Regulations.

Step 2 – Submit Application
The completed application, together with required drawings and supporting documents as prescribed in the Act, must be submitted to the Building Control Section via the prescribed submission process.

Step 3 – Municipal Assessment
The Municipality assesses the plans to ensure compliance with:
• The National Building Regulations;
• SANS 10400;
• The Zoning Scheme Bylaw; and
• Other applicable municipal by-laws and legislation (including environmental law and heritage legislation).

Step 4 – Notify of Commencement
In terms of Regulation A22 of the National Building Regulations, the owner must notify the Building Control Office before commencing construction. This serves to ensure that required inspections are carried out at the prescribed stages.

Failure to request inspections may delay the issuing of a Certificate of Occupancy and incur additional costs toward certification of compliance with the prescribed codes and standards.

C. Permissions
In terms of section 7(6) of the National Building Regulations, the local authority may grant provisional authorization to an applicant to commence or proceed with the er****on of a building prior the approval of a building plan application.

This approval may be granted upon receipt of a written request of the applicant directed to the Manager Building Control and may be subjected to such conditions as the local authority may think fit.

In addition to the documents required for the standard building plan application, the following documents may be required for consideration of a request for commencement of construction:
• Land Surveyor Beacon and Placement certificates indicating the
cadastral boundaries of the property as well as the placement of the buildings
in relation to these boundaries.
• Structural Engineers rational assessment/report confirming the
structural integrity of the “as-built” structures.
• Competent person’s rational assessment/report, confirming compliance in
terms of the National Building Regulations of the “as-built” structure.

D. Tariffs and Penalties
Building plan application fees are determined annually and approve by Council in accordance with the approved Tariff Policy. Where construction commences before plans are submitted and approved:
• The applicable application fee will include an additional tariff.
• This is not a fine, but an approved municipal tariff.
• The purpose of the additional tariff is to discourage unlawful commencement
of construction.

E. Reduced Fees and Waivers
The Municipality recognises that many households are affected by financial constraints. Therefore:
• In subsidised housing areas, or where the owner qualifies as indigent,
application fees are reduced in accordance with Council policy.
• Verified indigent households may qualify for a waiver of the penalty tariff.
• Owners may approach the Building Control Office for guidance on how to apply for such relief.

Each case is assessed in accordance with its unique merits and guided by Council policy. Note that if acted on poor advice by your builder, architect, political leaders, friends or unauthorized officials to proceed within out approved building plans, this will not be regarded as sufficient merit for a waiver.

F. Important Reminder
Owners and developers are strongly advised not to commence with construction prior to obtaining building plan approval.

Starting construction without approval compels the Municipality to act in accordance with the prescripts of the NBR and may result in:
• Stop-work orders;
• Compliance notices;
• Additional costs;
• Reporting of unscrupulous contractors and architects to their oversight bodies; and
• Delays in occupation.

Plan your project well in advance to allow for sufficient time for the preparation and approval of the building plans. Commence with the construction within 12 months from the date of approval to prevent lapsing of the approved plan.

G. Legislation determines:
Whether property owner, citizen, employee of state, contractor or politician – we are all subjected to the legislation of our Country. With regards to construction activities, specific reference is made to:

• A25(9) of the National Building Regulations determines that - Where any building is being or has been erected and any contravention of these regulations other than those relating to matters referred to in sub-regulation (4) or (5) has been committed, the local authority shall serve a notice on the owner of such building.
• In terms of the Architectural Profession Act 44 of 2000, Architects are required in terms of rule 6.3 of their code of conduct to - comply with the National Building Regulations and Standards Act 103 of 1977, Town Planning Schemes, National Heritage Resources Act 25 of 1999 and any other built environment laws or any other applicable law governing the works.
• In Section 119. (1) of the Municipal Systems Act that - A councillor who attempts to influence the municipal manager or any other staff member or an agent of a municipality not to enforce an obligation in terms of this Act, any other applicable legislation or any by-law or a decision of the council of the municipality, is guilty of an offence and on conviction liable to a fine or to imprisonment for a period not exceeding two years.

The responsibility to ensure development on property conforms with safety standards starts with the property owner and the Municipality has an obligation to hold the owner accountable for their actions.

Owners are encouraged to consult with the Building Control office before following advice that will result in non-compliance with the legislation of the Country and Municipal Bylaws.

The George Municipality seeks to work with property owners to ensure their construction project remains a source of excitement and accomplishment and invite owners to visit us at our offices at 46 Market Street George or contact us at Email: [email protected] / [email protected]

Telephone: 044 801 9370

15/05/2026

04/05/2026

South Africa is advancing a major milestone in infrastructure development with the announcement of successful bidders for the R12.5 billion Public-Private Partnership project to redevelop six key land ports of entry; Lebombo, Beitbridge, Oshoek, Kopfontein, Maseru Bridge, and Ficksburg.

These reforms will significantly strengthen border security through enhanced surveillance, improved infrastructure, and integrated data systems that enable more targeted and effective enforcement.

Read more: https://shorturl.at/ATHpY

01/05/2026

Map of Cape Town, 1884🦉