So what is a Louver Deck Awnings
The Louvre Deck adjustable awning comprises sturdy louvres that operate together to control sunlight, positively impacting nearby living spaces. Partially opening the louvres facilitates the escape of hot air, maintaining coolness in adjacent areas. The adaptable design of the Louvre Deck roof allows seamless integration with various building styles, often yielding impressive outcomes.
What does the National Building Regulations says about Louver Deck Awnings
Firstly the National Building Regulations as well as The South African National Standard, SANS 10400 does not specifically covers Louver Deck Awnings, therefore A lot of people has a lot of opinions regarding this but lets investigate this in relation to the NATIONAL BUILDING REGULATIONS AND BUILDING STANDARDS ACT NO. 103 OF 1977 ( as amended ). The national building regulation (NBR) is the act that governs all construction work in south Africa.
So lets investigate, the NBR Section 4 (1) No person shall without the prior approval in writing of the local authority in question, erect any building in respect of which plans and specifications are to be drawn and submitted in terms of this Act.
However some may say but this type of structures are classified as temporary structures, so what is the definition of a temporary structure as per the N.Br. “temporary building” means any building that is so declared by the owner and that is being used or is to be used for a specified purpose for a specified limited period of time, but does not include a builder’s shed;
So it is clear that these type of structures are not temporary structures because there is no time limit on the duration that this structure will be erected.
But there is a another definition that we must look at “minor building work”
- (a) the erection of any –
- (i) poultry house not exceeding 10m2 in area;
- (ii) aviary not exceeding 20m2 in area;
- (iii) solid fuel store not exceeding 10m2 in area and 2m in height;
- (iv) tool shed not exceeding 10m2 in area;
- (v) child’s playhouse not exceeding 5m2 in area;
- (vi) cycle shed not exceeding 5m2 in area;
- (vii)greenhouse not exceeding 15m2 in area;
- (viii) open-sided car, caravan or boat shelter or a carport where such shelter or carport does not exceed 40m2 in area;
- (ix) any free-standing wall constructed of masonry, concrete, steel, aluminum or timber or any wire fence where such wall or fence does not exceed 1,8m in height at any point above ground level and does not retain soil;
- (x) any pergola;
- (xi) private swimming pool;
- (xii) change room, not exceeding 10m2 in area, at a private swimming pool;
- (b) the replacement of a roof or part thereof with the same or similar material;
- (c) the conversion of a door into a window or a window into a door without increasing the width of the opening;
- (d) the making of an opening in a wall which does not affect the structural safety of the building concerned;
- (e) the partitioning or the enlarging of any room by the erection or demolition of an internal wall if such erection or demolition does not affect the structural safety of the building concerned;
- (f) the erection of any solar water heater not exceeding 6m2 in area on any roof or 12m2 when erected other than on any roof; and
- (g) the erection of any other building where the nature of the erection is such that in the opinion of the building control officer it is not necessary for the applicant to submit, with his application, plans prepared in full conformity with these regulations
So it is clear that these type of structures are classified as “minor building work” and what does the NBR states how must we deal with structures that classified as minor building work we must refer to Regulation A1 and section 13 of the Act, that states:
Regulation A1 (5) An application shall be made to the building control office for authorization to erect any building defined as minor building work or to carry out any work falling within the ambit of such definition, and any such erection or work shall not be commenced before such authorization has been granted: Provided that such application and such authorization shall not be required for minor building work for which, in terms of the proviso to regulation A2(1), no plans are required.
Section 13 Exemption of Buildings from National Building Regulations and Authorization for Erection
Thereof
(1) Any building control officer may in respect of the erection of a building defined in the national building regulations as a minor building work, in writing-
(a) exempt the owner of such building from the obligation to submit a plan in terms of this Act to the local authority in question for approval;
(b) grant authorization for the erection of such building in accordance with the conditions and directions specified in such authorization.
(2) Any authorization granted in terms of subsection (1)(b) shall lapse if after the expiry of a period of 6 months the erection of the building has not commenced, but the building control officer may from time to time extend such period at the written request of the owner of such building or any
person having an interest therein if such building control officer is satisfied that there are sound reasons therefor.
[Sub-s. (2) substituted by s. 6 of Act 62 of 1989.]
(3) If any building control officer refused to extend in terms of subsection (2) any period of 6 months referred to in that subsection, any person who feels aggrieved may in writing request the local authority in question to consider such refusal and thereupon such local authority may confirm such refusal or extend such period on such conditions as it may think fit.
Lets apply some common sense
Safety – this is still a roofed structure and if this structure is not constructed to be secure it may hurt or even kill a person in a wind or heal storm.
Property Restrictions – There may be a servitude registered over your property in favor of the local authority. Lets for argument sake says it Is a sewerage servitude and that municipal sewerage pipe gets blocked or damage and should be repaired council will demolish that structure and it will be for the account of the property owner, because the law states that no structure may be erected in that servitude.
Conclusion
So we see the following that the building control officer may grand permission in writing that the owner may be exempted to submit building plans to the local authorities and may grant permission for the erecting of such building.
So we clearly see that the NBR. insist the permission must still be obtained of any minor building works conducted on the property however no building plan submission is required.
However, Regulation A1(6) also states Minor building work shall comply with any national building regulations specified as a condition of the authorization granted by the building control officer.
So it stands to reason that the council may refuse to exempt the owner and grant authorization for the erection of such building as set out in section 13 and requires submission of building plans as per the NBR Section 4 (1) No person shall without the prior approval in writing of the local authority in question, erect any building in respect of which plans and specifications are to be drawn and submitted in terms of this Act.
Disclaimer:
The content of this blog post aims to provide accurate information and educate the public, focusing specifically on properties in Pretoria within the jurisdiction of the City of Tshwane building control department. While we reference national building regulations, the interpretations and practices discussed are drawn from our experiences with the City of Tshwane building control department. Readers should be aware that municipal by-laws, town planning schemes, and other regulations and policies may vary between municipalities and are subject to change over time. Therefore, we recommend consulting with our team to verify the accuracy and currency of the information provided.
