Wierda Road Wrst Properties (Pty) Ltd v SizweNtsalubaGobodo Inc (1156/2016)
Wierda Road Wrst Properties (Pty) Ltd v SizweNtsalubaGobodo Inc (1156/2016) [2017] ZASCA 170; 2018 (3) SA 95 (SCA) (1 December 2017)
The Supreme Court of Appeal held that non-compliance with sections 4(1) and 14(1) of the National Building Regulations and Building Standards Act does not render a lease agreement void or unenforceable. The penal sanctions provided in the Act are intended as adequate remedies for non-compliance, and there is no legislative intent to invalidate private contracts for such contraventions. The Act is primarily concerned with public law relationships and building safety, not with the validity of private lease agreements. Both parties were aware of the absence of approved plans and an occupancy cer…
Source excerpt
- Lease Agreement Validity
- National Building Regulations
- Occupancy Certificate
- Statutory Interpretation
- Penal Sanctions
- Unenforceability