Importance of building by-laws, legal documents

26 Jan, 2024 - 00:01 0 Views
Importance of building by-laws, legal documents Building regulations or by-laws were compiled by officials appointed by the Ministry of Local Government, Public Works and National Housing

eBusiness Weekly

Engineering and Construction Matters

With Innocent Chatikobo

Building by-laws are procedures to be followed which act as a controlling mechanism. These regulations are set by a local authority or a body such as a council or municipality to ensure that buildings are built to a certain acceptable standard of construction. By-laws affect positioning and specifications of aspects such as

Windows, doors and other openings

Damp proof course

Drainage system and sewer

Site boundaries

Building materials

Water supply, etc.

When one acquires a piece of land to build a house, there are standing standards to conform to. The regulations for the proposed building become more complicated with large buildings. Most regulations and by laws are concerned with the health and safety of

The occupants and users

Passers- by

Those who work in the vicinity

Building regulations or by-laws were compiled by officials appointed by the Ministry of Local Government, Public Works and National Housing.

This process which gave birth to the Model Building By-laws was last done in Zimbabwe in 1977. However, the regulations are constantly revised to suit changing circumstances and conditions.

The by-laws are divided into chapters. Most chapters are then divided into parts. Each chapter is divided further into sections, the numbering of the sections being in no way dependent upon the division of the chapter into parts. Sections may be divided into subsections.

Both sections and sub sections may contain paragraphs and such paragraphs may or may not be grammatically dependent upon the section or subsection in which they appear. A paragraph may therefore sometimes constitute a sentence in its own right.

The order in which provisions appear in the chapters, and the manner in which chapters are divided into parts, sections, subsections and paragraphs is intended to be of significance in interpreting these Model

Building by-laws

These Model Building by-laws are presented in a book with the following outline

Chapter 1 – Introduction: provides a guide to the by-laws as a whole and helps us to correctly interpret the by-laws. It gives an outline of each chapter and gives a brief summary to the readers

Chapter 2 – Administration: covers the methods of administering the by-laws. It deals with definitions, the right to raise fees, plans and other drawings required for buildings as well as how the drawings are to be done egg colour codes on plans. Definitions in this chapter are intended to apply throughout these by-laws

Chapter 3 – Structural design and construction: deals with the structural integrity of any building looking at foundations, concrete quality, reinforcement, soil quality and drainage, investigations, tests, termite proofing and other issues about the safety of a structure

Chapter 4 – Foundations: tackles all matters affecting the foundation of a building. Such aspects include

Site investigation

Drainage of a building site

Made up ground qualities

Trench sizes and concrete work

Chapter 5 – Masonry and walling: deals with the superstructure especially the quality of bricks and masonry permitted on a building. Wall thicknesses vary from building to building. The bonding also varies with walls. Load bearing and non-load bearing walls also have different specifications

Chapter 6 – Miscellaneous materials and construction: covers materials such as asphalt, asbestos, cement products, aluminium, galvanized iron, copper products, clay, thatching and glass that are acceptable as building materials. Most of these materials prevent dampness and enhance the beauty of one’s property

Chapter 7 – Water supply: concerned with the materials used in providing suitable water supply to a building, the installation of services and the interpretation of related terms. It also specifies the materials used on water pipes, water taps, valves, cisterns, cylinders, storage tanks, flushing units, etc.

Chapter 8 – Lighting: covers regulations for ensuring that there is sufficient lighting in all sections of a building to enable occupants or users to use the building to its maximum potential. The lighting includes artificial 9electrical) and natural(sun) lighting

Chapter 9 – Drainage and sewer: covers health and comfort for users. It gives the minimum requirements e.g. number of water closets per building. It gives instructions for laying drains and septic tanks

Chapter 10 – Ventilation: gives minimum requirements per each unit of a building. Ventilation in a habitable room should be a minimum of 5 percent of the floor area

Chapter 11 – Fire protection: Classifies buildings into Grade A, B, C and D and specifies the fire resistance ratings of materials to be used, the size of openings for exit ways and exit lighting. The chapter gives information to minimise loss of life in a building in the event of a fire outbreak.

It is recommended that most materials used in building outer walls and partitions be constructed out of non-combustible materials like stone, bricks, asbestos cement, concrete, etc.

Chapter 12 – Public safety: this is the last chapter which deals with the safety of the public where equipment such as high cranes and scaffolding are used. It also covers temporary grandstands, temporary passages through a construction area, building walkways and demolition works

These Model Building By-laws are used for all local authorities. They are used in conjunction with other pieces of legislation such as Urban Councils Act; Rural Councils Act and other by-laws of the Council in force in that area.

The provisions of these by-laws do not cover all administrative matters associated with building and sewerage work; therefore, each local authority usually has further by-laws which it makes or adopts concerning:

Applications for and the supply of water

Applications for connections to public sewers and the making of such connections

The provision of fire protection services

The licensing of advertising signs

In some instances, there might be conflict between Model Building By-laws and other by-laws. Chapter 214, Section 183, Subsection 10 of the Urban Councils Act stipulates that: Where Model Building By-laws are in force in any Council area and there is conflict or inconsistency between any provision of the Model Building By-laws as applied and any other by-laws of the council in force in the area, the provision of the

Model Building By-laws as applied shall prevail

Variations

Throughout these Model Building By-laws, local authorities are given power to allow departures or relaxation in specific or unique situations.

Local authorities also have the discretion to interpret provisions incorporating different terms e.g. adequate; proper; reasonable; satisfactory; etc.

However, in some cases the departures or variations must be authorized as stated in Part VII of Chapter 2 in the Model Building By-laws.

Where amendments are required, the local authority can make recommendations and await the adoption of the amendments to these Model Building By-laws

Innocent Chatikobo is an Engineer by profession with AtroServe Engineering Zimbabwe. He has extensive knowledge and experience in Structural Engineering and Construction. For your comments, views, questions and feedback he can be contacted on the following platforms
Cell: +263 777 950 224; +263 712 376 037; +263 782 502 732
Email: [email protected] <mailto:[email protected]>
Facebook: AtroServe Engineering Zimbabwe

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