Berg River Municipality v Zelpy 2065 (Pty) Ltd (7715/12)
Berg River Municipality v Zelpy 2065 (Pty) Ltd (7715/12) [2013] ZAWCHC 53; 2013 (4) SA 154 (WCC) (8 April 2013)
The court held that buildings erected without municipal approval under s 4(1) of the National Building Regulations and Building Standards Act cannot lawfully be occupied or used. This prohibition is necessarily implied in s 4(1) to achieve the legislative intent of ensuring safety and proper regulation of buildings. Section 14 and its subsections, including s 14(1A), apply only to buildings erected with municipal approval; thus, temporary permission to occupy under s 14(1A) cannot be granted for unlawfully erected buildings. The criminal sanctions provided by the Act are not an adequate alter…
Source excerpt
- Building Regulations
- Occupancy Certificate
- Unlawful Erection
- Municipal Approval
- Interdict
- Statutory Interpretation