The Department of Trade, Industry and Competition (the dtic) continues to solidify its policy-making role in ensuring that South Africa’s built environment is safe, sustainable, and resilient. Speaking at the 13th Annual National Building Control Officers (BCO) Convention today, the Director of Technical Infrastructure at the dtic, Ms Anna-Marie Lotter, delivered a presentation focusing on the amendment of the National Building Regulations and Building Standards Act (Act 103 of 1977).
Lotter underscored the department’s central role in administering the Act, while highlighting the complementary responsibilities of the National Regulator for Compulsory Specifications (NRCS) and municipalities in ensuring its effective implementation.
“The Act provides for the promotion of uniformity in laws related to the erection of buildings, prescribing standards to ensure safe construction practices, quality materials, and adherence to sound building science principles. However, the Act, last amended in 1995, predates the Constitution and has faced legal challenges that necessitate urgent amendments,” she said.
Key Amendments Highlighted by Ms Lotter:
1. Section 9: Review Board of Appeal
- Declared unconstitutional in 2018 for undermining municipalities’ executive authority.
- Proposed amendment: Appeals will now be managed by municipalities, aligning with the Spatial Planning and Land Use Management Act, 2013.“This shift ensures municipalities retain their rightful executive authority over local building regulations,” Lotter explained.
2. Section 29(8): Ministerial Approval for By-laws
- Declared unconstitutional in 2023 for infringing on municipalities’ legislative powers.
- Proposed amendment: Repeal of Section 29(8) to restore municipalities’ autonomy in promulgating by-laws.
Lotter emphasised the importance of collaboration among stakeholders.
“While the dtic provides the legislative framework, the NRCS oversees technical aspects, and municipalities are entrusted with enforcement. Together, we ensure the built environment is safe, resilient, and aligned with constitutional mandates. Public participation is critical to ensure that the legislation addresses the needs of all South Africans while adhering to constitutional principles,” she said.
She reiterated the department’s commitment to public consultation, noting that the Bill will be tagged as a Section 76 Bill and referred to the National House of Traditional and Khoi-San Leaders for input.
The amendments aim to modernise the Act, resolve constitutional gaps, and empower municipalities to enforce building regulations effectively. These changes will contribute to a safer and more sustainable built environment.
The Director for Resources Based Industries at the dtic, Ms Tafadzwa Nyanzunda, also presented on wood as a valuable and reliable building material. She commented that timber is the most environmentally friendly material because timber construction can reduce energy consumption. Timber is also a carbon sink since trees sequestrate carbon and store it.
“The South African government is committed to reducing carbon emissions and transitioning to a low-carbon economy. Wood does not require much energy to convert to engineered timber for use in construction, so its embodied energy is very low. For these reasons, it is a more environmentally responsible building material. On that note, the timber construction industry has embarked on a journey to use timber as a sustainable, renewable and energy-efficient material that has to be considered for construction. the dtic, through the Commercial Forestry Masterplan, is working alongside the sector to develop the engineered timber sector,” explained Nyanzunda.
The 13th Annual BCO Convention continues to serve as a vital platform for policymakers, regulators, and municipal officers to engage on critical issues shaping South Africa’s infrastructure development.
For media enquiries and interview requests:
Bongani Lukhele – Director: Media Relations
Tel: (012) 394 1643
Mobile: 079 5083 457
WhatsApp: 074 2998 512
E-mail: BLukhele@thedtic.gov.za
Issued by: The Department of Trade, Industry and Competition (the dtic)
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