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PUBLIC PRIVATE PARTNERSHIPSPUBLIC PRIVATE PARTNERSHIPS

NATIONAL BUILDING REGULATIONS & THE ROLE OF

NHBRC

Dr J Mahachi, Pr.Eng, Pr.CPMNational Home Builders Registration Council

Email: [email protected], South Africa


Contents• South African Historical Background• Challenges in construction• Role of CIDB• Housing delivery & challenges• Role of NHBRC• Housing Market• Social Housing• Role of SABS• Role of NRCS• Role of Agrement SA• National Building regulations (NBR)• Energy Efficiency


RSA Historical Background

Problems inherited prior to 1994 Democratic South Africa:

Poverty alleviationJob creationUrban renewalInfrastructure developmentRural development and Housing delivery


Government Intervention Programme


National Planning Commission (NPC)

• NPC is a Government Agency established in 2009• Role of NPC is to:

– conduct strategic planning for the country;– work with various ministries to co-ordinate joint priority projects

that require a multifaceted approach; and– accelerate governments efforts to boost the economy of the

Country.

• NPC is managed by the Head of Commission who reports to the President of the RSA.


Key Focus Areas of NPC

• Reduction of poverty;• Ensure infrastructure developments;• Drive policy implementation;• Delivery of plans outside the bureaucratic constraints of governments

departments and their fragmentation;• Rural development;• Weak spatial planning and governance capabilities;• Dysfunctional settlements patterns across the Country; and• Provision of housing (human settlements) and basic infrastructural

services.


Challenges in Construction• Real output in South African construction industry

has fallen, particularly during the recession years:– 1976-78– 1983-87– 1990-92– 2009-11

• More than R827bn ($100bn) to be spent on infrastructure development in next 3 years and yet there is high shortage of professional and skilled labour in both private & public sector.


Challenges in ConstructionMajor challenges facing construction industry in South Africa:-Cost reductions;New technical developments;Re-engineering the business side of the

construction process; andQuality of products.


White Paper on Construction• White Paper (Dept Public Works, 1999)

“Creating an enabling environment for reconstruction, growth & development in the construction industry”

• White paper spells out the Govt policy initiative aimed at:“enhanced delivery, greater stability, improved construction performance, value for money”

Establishment of a Construction Industry Development Board (CIDB)


Role of CIDB• CIDB was established to promote a regulatory and developmental

framework that builds:– The construction delivery capability for South Africa’s social and

economic growth; and – A proudly South African construction industry that delivers to

globally competitive standards. • The CIDB’s focus is on:

– Sustainable growth, capacity development and empowerment;– Improved industry performance and best practice; – A transformed industry, underpinned by consistent and ethical

procurement practices; and – Enhanced value to clients and society.

All contractors and construction projects must be registered with the CIDB


Housing Delivery• Problems with housing delivery in SA

– Shortfall of accommodation (Housing backlog in 1994 was in excess of 2.4 million);

– Proximity of development to potential workplace;

– Banks not providing mortgage to the low-income housing market; and

– Exclusion or marginalisation of emerging home builders in the mainstream of home building

Formulation and implementation of National Housing Policy in 1994


Challenges with Quality HousesGood quality affordable housing productsMaterials and products that meet the National Building Standards requirementsQuality of imported materials & productsUnsafe and environmentally unfriendly products being used in the marketLow prices for housing consumers and a demand for high qualityHigh price for contractors (maximisation of profit)

Establishment of a Regulatory BodyNational Home Builders Registration Council (NHBRC)


RSA’s Housing PerspectiveSouth Africa is a developmental country;Housing sector is regulated;National Home Builders Registration Council (NHBRC) is mandated to regulate and protect housing consumers;Housing Market is divided into:- Mortgaged (Bank financed) & Cash-Build Houses;- Social (Affordable) Houses; and- Low-income HousesBudget for 2011/12 for social housing, water, electricity, community amenities was R122 billion, increasing to R138 billion in 2013/14.


Registrations

Standards

Enrolments

Inspections

Complaints

Conciliations

Remedial Work

Fund

PROTECTION

HOME BUILDER HOUSING CONSUMER

NHBRC

Role of the NHBRC


Average House PriceMortgage Houses


SA House Price Growth


Mortgaged Homes Plans approved vs Enrolments

80% of approved plans

are enrolled


Performance of Mortgaged Houses (New Houses – Enrolled by NHBRC)

Property Boom

Recession Period


Geographic Spread of New Houses

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(1$=R8.5)


RSA Government’s vision for human settlements

The strategy incorporated in the Government’s vision for Sustainable Human Settlements is to: • accelerate delivery, • use housing provision as a job creation strategy, • ensure access to property and home loans by all,• leverage economic growth, combat crime, reduce

duality within the housing market, and • develop integrated and sustainable human settlements


Typical Social HouseGovernment of Republic of South Africa (RSA) provides a full subsidy for the acquisition of land, services and housing top structures to those households earning up to R3,500/mth ($400).

Social Houses


Social Housing:Housing Delivery vs Grant Funding


SOUTH AFRICAN CONSTITUTION


All legislation is All legislation is subject to the subject to the

South African South African ConstitutionConstitution


Constitution

CHAPTER 2BILL OF RIGHTSRights7. (1) This Bill of Rights is a cornerstone of democracy in South Africa. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom.

(2) The state must respect, protect, promote and fulfil the rights in the Bill of Rights.

(3) The rights in the Bill of Rights are subject to the limitations contained or referred to in section 36, or elsewhere in the Bill.Application8. (1) The Bill of Rights applies to all lawapplies to all law, and binds the legislature, the executive, the binds the legislature, the executive, the judiciary and all organs of state.judiciary and all organs of state.


Section 24 (b) (ii) of the Constitution guarantees everyone the right to having “the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.”

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Section 24: Constitution


South African Bureau of Standards

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The NRCS was created September 2008 in line with WTO rules

Testing LaboratoriesCertify Products as compliantProvides information on National Standards of all countries as well as international standards

The Act transferred the Regulatory Division of the SABS and all regulatory functions of the SABS to a new statutory Department of Trade and Industry (DTI) - the National Regulator for Compulsory Specifications (NCRS).

SABS REGULATORY Division became the NRCS

Create and publish SOUTH AFRICAN STANDARDSThese standards are derived through a consensusprocess involving the “captains” of industry by working groups and Technical Committees.

SABS COMMERCIAL division

NRCSNRCS

ACTACT

SABS PRIOR TO 2008

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Role of SABS & Mandate

SABS is a statutory body established in terms of the Standards Act, 1945 (Act 24 of 1945)

MandateNational institution that promotes and maintains standardization and quality in connection with commodities and services


SABS Objectives• SABS publishes national standards (South

African National Standards - SANS) through technical committees. Committees have industry representatives, that include NHBRC

• Test and certifies products and services • Promotes design excellence, and• Provides training on aspects of standardisation


The South African National StandardsThese Building standards provide one solution to satisfy the functional requirements set by the regulations. It is usually the way in which most buildings are constructed and follows the yardstick which measures in bricks and mortar.The usual building methodology of South Africa.

SANS


National Regulator for Compulsory Standards (NRCS)


Who and what is the NRCS?The National Regulator for Compulsory Specifications (NRCS) is a new public new public entityentity responsible to the Minister of Trade and Industry for administration of technical regulations. technical regulations. It consists of *Automotive, *Electro technical & Gaming, *Chemical, mechanical and materials as well as *Food Industries departments. The NRCS also administers the Trade Metrology Act and the

National Building Regulations and National Building Regulations and Building Standards ActBuilding Standards Act ..

NRCS Mandate:Administer technical regulations in the interests of public safety and health or for environmental protection


Agrement Board of South Africa


Agrement Board SA

Agrement SA is a statutory body that supports and promotes innovation and technology development in the construction industry.

Objective: To provide re-assurance of the fitness-for-purpose of construction products, systems, materials which are not covered by SABS or codes of practice.


What are Innovative Housing Systems?

• Use of new materials in building houses;• New ways or methods of applying ‘traditional’

materials;• Improvements in designs to enhance functionality

of a housing • System design (e.g. designing for energy efficient

house);• Performance based design – ‘fit for purpose’.

PUBLIC PRIVATE PARTNERSHIPSPUBLIC PRIVATE PARTNERSHIPSLife Cycle Development of Innovative Technology


National Building Regulations


PROVISIONS OF ACT 103 OF 1977.Preamble to Act states:

“The Act shall not bind the state”

For any building erected on behalf of the State, thethe plans, plans, specifications and certificatesspecifications and certificates as may be prescribedprescribed by the NBR, shallshall before commencement of the erection be lodged be lodged with the local authority local authority in question forfor its its information and commentinformation and comment: Provided that the minister may exempt the state either generallyor in a particular case, after notice in writing to the local authority in question from the provisions of the Act.


Act 103 of 1977

NRCS = REGULATOR = NBRNational Building RegulationsChapters contained in Regulations

SABS = National StandardsSANS 10400 Deemed-to-satisfyChapters A to X

Other SANS documents: SANS 204, SANS 10252, SANS 10005 for protection of timber

An Act always trumps regulations and regulations always trump standards or any other document incorporated into their regulations by reference.

By-laws are subservient to the regulations .

Building By-Laws can only be made with the approval of the Minister of the dti

To provide for the promotion of uniformity in the law relating to the erection of buildings in the area of jurisdiction of the Local Authorities

Act of Parliament determines the scope of the issue under regulation, as well as embodies the policy direction of such regulation and creates structures to administer the regulation.

Regulations contain: Policy, Principal provisions, Procedures and other detail

Standards and best practices are purely technical documents that do not contain any policy or principles based provisions.

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SABS

TECHNICAL REGULATIONS

Volu

ntar

y st

anda

rd

Man

dato

ry L

egis

latio

n

Standards can be called up into Regulations thus making them mandatory

CONSULTATIVE

CONSENSUS

Local AuthorityLocal Authority Building ByBuilding By--lawslaws; To be endorsed by the Minister before it has jurisdiction and: Town Planning Schemes, ordinances, regulations 5


Act 103 of 1977

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To provide for the promotion of uniformity in the lawuniformity in the law relating

to the erection of buildings erection of buildings in the area of jurisdiction of Local jurisdiction of Local

AuthAuthorities by prescribing National building Standardsorities by prescribing National building Standards

• The National Building Regulations set minimum standards of performance for all buildings so that the buildings will be: safe, health and Structurally stable for all inhabiting our buildings.

• The NBR can be described as the Building Code of South Africa and thus set minimum performance criteria for all buildings.

• Municipalities are obliged to ensure that no buildings are constructed or altered without first ensuring that the drawings conform to these Regulations


PERFORMANCE BASED REGULATIONS

Level 1

Level 2

Level 3

Process Level

GOAL

FUNCTIONAL REQUIREMENTS

PERFORMANCE REQUIREMENTS

EVALUATION

Act 103 of 1977

Regulation 2008

SANS 10400 2010

Rational Assessment

Rational Design

Competent Person

“Deemed to Satisfy”the regulations

Agrément certificate

Act 103 0f 1977

NRCS: REGULATIONKEEPER

Building Industry is to be REGULATED1

2South African National Standards: SANS 10400

Other SANS documents:SANS 204, SANS 10252

3Vo

lunt

ary

Man

dato

ry

Local Authority: Enforcer Local Authority: Enforcer of of REGULATIONSREGULATIONS

LEVELS OF LEGISLATION SOLUTIONS TO SATISFY THE REGULATIONS

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NORDIC 5 MODEL Regulatory framework

LEVEL 1Objective

LEVEL 2Functional statement

LEVEL 3Performance requirement

LEVEL 5Deemed-to-satisfyrules

LEVEL 4Performance basedCompliance methods:-testing-assessment-application of well established engineering principles

THE OBJECTIVES ADDRESS THE ESSENTIAL INTERESTS OF THE COMMUNITY AT LARGE WITH RESPECT TO BUILDINGS

THE FUNCTIONAL REQUIREMENTSTATES IN QUALITATIVE TERMSTHE REQUIRED PERFORMANCEOF A BUILDING OR ELEMENT THEREOF TO ACHIEVE THE STATED GOAL

THE PERFORMANCE REQUIREMENTSTATES IN QUANTITATIVE TERMS THE REQUIRED PERFORMANCE TO ACHIEVE A FUNCTIONAL REQUIREMENT

VERIFICATION METHODS ENABLESCOMPLIANCE WITH REQUIREMENTS

MANDATORYLEVELS

HOW TO COMPLY WITH MANDATORY LEVEL

PERFORMANCE BASED SOLUTIONS

Act 103 0f 1977

REGULATION

SANS 10400

EVALUATION

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The Building Industry's 4 Levels of legislation + 1

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Energy Efficiency in buildings to be achieved by satisfying the Energy Efficiency in buildings to be achieved by satisfying the requirements of the Regulations byrequirements of the Regulations by:

Option 1: Minimum requirements set in StandardSANS 10400XA or otherwise described as: “DEEMED TO SATISFY”requirement

Option 2: RATIONAL DESIGNThis alternative requires a “competent person” to design a solution in relation to requirement appropriate testing and service experience involving a process of reasoning and calculation and which may include a design based on a standard or other suitable document;

Option 3: AGRÉMENT: “Fit for purpose” CertificationThis alternative allows for the comparison of the building / element design performance with that of “Fit for Purpose” criteria thru testing by Agrément SA.

Example: Energy Efficiency

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Environmental Sustainable Buildings within the NBR - Part X REGULATION Part XA being: Efficient Energy use in buildings

National Building Regulations Part X; Sustainable BuildingsPart XA: Energy usage in buildings

XA1XA1 Buildings shall be designed and constructed so that buildingsa) are capable of using energy efficiently while fulfilling user needs in relation to vertical transport, if any, thermal comfort, lighting and hot water; orb) have features and services which facilitate the efficient use of energy appropriate to their function and use, internal environment and geographical location, and

XA2XA2 Buildings shall have at least 50 % by volume of their annual average hot water heating requirement provided by means other than electrical resistance heating including but not limited to solar heating, heat pumps, heat recovery from other systems or processes and renewable combustible fuel.

XA3XA3 The requirements of sub-regulations XA1 shall be deemed to be satisfied when such building is designed and constructed in accordance with the following requirements: a) is the subject of a rational design by a competent personrational design by a competent person which demonstrates that the energy usage of such building is in accordance with SANS 10400-XA, or b) has an orientation, shading, services and building envelope in accordance with SANS 10400-XA; orc) has a theoretical energy usage performance determined by a competent competent personperson using certified thermal calculation software, less than or equal to that of a reference building in accordance with SANS 10400-XA.


NHBRC – Quality is our PriorityThank You

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