REGULATIONS

PART ONE

APPLICATION OF REGULATIONS AND BUILDING PLANS

• APPLICATION OF REGULATIONS
• APPLICATION FOR BUILDING PERMIT AND SUBMISSION OF PLANS
• TITTLE OF LAND
• DETAILS IN PLANS
• DESIGN OF BUILDING
• BUILDING PERMIT

 

PART TWO- PLOT DEVELOPMENT

• LOCATION OF BUILDING
• SITE REQUIREMENTS
• SITE COVERAGE OF BUILDINGS

APPLICATION OF REGULATIONS

• These Regulations shall apply to the erection, alteration or extension of a building as defined in these Regulations unless otherwise provided in these Regulations.

 

APPLICATION FOR BUILDING PERMIT AND SUBMISSION OF PLANS

Any person who intends to—

• (a) erect any building; or
• (b) make any structural alteration to any building; or
• (c) execute any works or install any fittings in connection with any building

shall apply in Form A specified in Part I of Schedule 1 to these

Regulations to the District Planning Authority of the district where the building, structure or works is or is intended to be and shall submit in duplicate the relevant plans with the Form.

 

TITLE TO LAND

• 1) An applicant under regulation 2 shall satisfy the District Planning Authority that he has good title to the land relevant to the plans.
• (2) No approval shall be granted to any applicant who does not have a good title to the land, and, for the purposes of this regulation, good title shall be in accordance with a certificate issued by the Chief Registrar of Land Titles or any other agency so authorised.

 

DETAILS IN PLANS

• (1) Plans submitted an application under regulation 2 shall indicate sections, elevations, calculations and drawings, specifications of materials and such other particulars as the District Planning Authority may consider necessary to show whether the proposed building or work complies with these Regulations.

CONTD.

• (2) The applicant shall also submit to the District Planning Authority a certificate signed by a Licensed Surveyor to the effect that the corners of the plot on which the building or work is to be carried out have been demarcated on the ground in a permanent manner in accordance with the site plan.

CONTD

• (3) All plans, sections and elevations required by the District Planning Authority shall be prepared by a person qualified to design the type of building in accordance with the provisions relating to such building as provided under these Regulation and shall

CONTD

• (a) be clearly and accurately delineated in ink or otherwise in a suitable permanent manner on a suitable and durable material to a scale of not less than 1: 100 or if the building is so extensive as to render a smaller scale necessary, not less than 1:200;

 

• (b) describe the class or nature of the building and show clearly for what purpose every room or part of the building is to be used;
• (c) indicate the stages and method by which it is intended to construct the building if it is not to be built in one operation; (d) indicate the materials of which the building will be constructed; and show clearly and accurately the position, form and dimensions of the foundations, walls, floors, rooms and the several parts of the buildings;
• (f) indicate the method of disposal of stormwater, domestic waste-water and sewage, which shall be drawn on a block plan to a scale of not less than 1: 1250 or 1:2500 in the case of extensive sites, showing the alignment sizes and invert levels of existing or proposed drains (in relation to Ordinance Datum) including manholes, gullies, vent pipes, septic tanks, soak-aways and sewers;
• (g) indicate the means of water supply and the position of existing and proposed underground water mains and pipes, including all mains and pipes within 30 metres of the site;
• (h) include a plan of every floor and complete sections of the foundations and of every storey, floor and roof of the building;
• (i) include a site plan to a scale of 1:1250 or 1:2500 as required by the District Planning Authority showing the position of the site and all overhead and underground services and adjoining streets roads and lanes and any further information which may be required to make the site easily identifiable.
• (j) show specifically on the site plan the boundaries of sites, the position and heights of buildings on adjoining properties, the widths and Ordinance Datum levels of any street or land upon which the site may abut, and the Ordinance Datum level or the lowest floor of the proposed building;
• (k) differentiate clearly between new work and existing work, if the permit applied for is for work on an existing building; and
• (l) any other particulars as the District Planning Authority may require

 

CONTD

• (4) The plans shall be signed by the person who prepared the plans, drawing or other relevant document.

REGULATION 6—DESIGN OF BUILDING

• A building or group of buildings with an aggregate floor area in excess of 120 square metres, and of two storeys and above in height shall be designed by an architect or any of the following professionals —
• (a) a civil engineer;
• (b) a structural engineer; or
• (b) a professional builder, but this description excludes draughtsman a licensed building surveyor and a building technician with a qualification lower than the higher technician diploma,

CONTD.

• A building or group of buildings with an aggregate floor area in excess of 120 square metres, and of two storeys and above in height shall be designed by an architect or any of the following professionals — (a) a civil engineer;
• (b) a structural engineer; or
• (b) a professional builder, but this description excludes draughtsman a licensed building surveyor and a building technician with a qualification lower than the higher technician diploma,
• except that a building within a metropolitan or urban area shall be designed by an architect in consultation with a professional specified in this regulation.

REGULATION 7—BUILDING PERMIT

• (1) The District Planning Authority to which plans have been submitted may in the exercise of its power under section 64(1) of the Local Government Act, 1993 (Act 462), grant the building permit in Form B specified in Schedule 1 Part III to these Regulations and may attach to the permit any conditions with respect to the proposed building or work that is not inconsistent with these Regulations including the condition that the applicant shall submit such further information or details as may be required by the District Planning Authority from time to time as the building or work progresses

CONTD

• (2) Without prejudice to sub-regulation (1) of this regulation the District Planning Authority may specify in a building permit the time within which the work authorised in the permit should be commenced.
• (3) The period of the validity of a building permit shall ordinarily be five years, except that if the work authorized in the permit is not completed within the time stipulated the District Planning Authority may extend the period on application by the applicant or his agent who must be a person in the building design profession.

CONTD

• (4) Any building or work carried on after the date of expiry of a building permit and before an application to extend the period of validity has been approved is a contravention of these Regulations.
• (5) A District Planning Authority may refuse to issue a building permit if the applicant has failed to complete any building or work authorised by a building permit or other approval previously granted to him.

PART TWO—PLOT DEVELOPMENT

Regulation 13—Site Requirements.

• (1) No building shall be erected on a site which has been reclaimed unless there has elapsed such period as in the opinion of the District Planning Authority there will be no danger from settlement of the foundations and the erection of a building on the site will not be inimical to health and safety.
• (2) No site liable to flooding shall be built upon without adequate provision for flood control.
• (3) No building shall be erected over a drain, culvert, water course, high tension cable or sewer; except that a District Planning Authority may pass the building plans if it considers that it can properly agree to the proposal in the circumstances of the case.

CONTD

• (4) Where any watercourse or ditch is on or abuts on the site of a building, the local authority may require the owner of the land to fill it up wholly or partially, or to substitute a pipe drain or culvert.
• (5) No drainage shall be permitted to be constructed on land adjoining an applicant’s land where the land does not belong to the applicant unless adequate provision has been made in the approved development plans for a right to construct the drainage over that other person’s land

CONTD

• (5) No drainage shall be permitted to be constructed on land adjoining an applicant’s land where the land does not belong to the applicant unless adequate provision has been made in the approved development plans for a right to construct the drainage over that other person’s land
• (6) Where the ground on which it is proposed to build has been filthed or covered with any material impregnated with faecal, offensive, animal or vegetable matter, the District Planning Authority shall reject the plans until after the satisfactory removal or sterilization of the offensive matter.

CONTD

• (7) Any site for the erection of a building for human habitation shall be adequately protected against dampness in accordance with regulations 20 and 21 of these Regulations, except where the building is intended to be used solely for storage or the accommodation of plant.

REGULATION 13—SITE REQUIREMENTS.

• (1) No building shall be erected on a site which has been reclaimed unless there has elapsed such period as in the opinion of the District Planning Authority there will be no danger from settlement of the foundations and the erection of a building on the site will not be inimical to health and safety.
• (2) No site liable to flooding shall be built upon without adequate provision for flood control.

CONTD

• (3) No building shall be erected over a drain, culvert, water course, high tension cable or sewer; except that a District Planning Authority may pass the building plans if it considers that it can properly agree to the proposal in the circumstances of the case.
• (4) Where any watercourse or ditch is on or abuts on the site of a building, the local authority may require the owner of the land to fill it up wholly or partially, or to substitute a pipe drain or culvert

Regulation 17—Boundary Lines

• ((1) Boundary lines shall conform strictly to the approved layout or development plan of the locality.
• (2) Where a building abuts or adjoins a lane either at the rear or on the side, the building lines in each case shall be not less than 3 metres.
• (3) No boundary wall shall be erected within 2 metres of the front of any building; and the front wall of a building shall not be less than 5 metres from the edge of a major road nor 3 metres from the edge of a minor road.

 

 

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