eSwatini
Building Act, 1968
Act 34 of 1968
- Assented to on 29 October 1968
- Commenced on 14 May 1969
- [This is the version of this document at 1 December 1998.]
Part I – Interpretation and administration
1. Short title
This Act may be cited as the Building Act, 1968.2. Interpretation
3. Classes of buildings
4. Application
5. Temporary buildings
6. Exemptions
7. Buildings of mixed occupancy
8. Change of use
9. Maintenance
The owner of a building shall, at all times, maintain it in a safe and sanitary condition.10. Permit to build, demolish or change use
11. Application for permit
12. Issue of permit
13. Inspection
14. Power of entry
15. Permit to occupy and use
16. Dangerous buildings
17. Closure orders
18. Fire safety in existing buildings
19. Correcting contraventions
20. Building Appeals Tribunal
21. Appeals
22. Special classes of building
Compliance with the provisions of this Act does not exempt a person from compliance with any other law which refers to special classes of building or to the storage or use of hazardous materials.Part II – Planning and accommodation
23. Location of buildings
Where no planning scheme is in force under any other law, no person shall construct a building in such position on a plot that the construction in that position of a building of its class is considered by the local authority or the Minister to be, or likely to become—24. Accommodation
25. Protection against harmful matter and flooding
26. Access
No person shall use or occupy or permit to be used or occupied a building unless it is provided with—Part III – Design and construction
27. Strength
28. Reduction of danger from fire
29. Ventilation
30. Lighting
31. Resistance to the transmission of heat
Where a building is used or intended to be used for human occupation, the external walls, the roof or the roof in conjunction with the ceiling of the topmost storey, and the floor nearest the ground, shall be of such materials and be so constructed as to offer adequate resistance to the transmission of heat from the inside of the building to the outside and from the outside of the building to the inside.32. Resistance to the reception of sound
A room in a building shall be sufficiently protected against the reception of sound from outside the room.33. Resistance to moisture from the ground
In a building—34. Resistance to weather
The roof, external walls and chimney stacks of a building, alone and in conjunction one with the other, shall be sufficiently weatherproof for the purpose for which the building is intended, having regard to the degree of exposure of any particular part.35. Removal of waste products
A building shall be provided with such means for the removal and, where necessary, the disposal, of all waste products, including smoke and noxious fumes from any heat-producing or other appliance, domestic or other refuse, excretory matter, waste water and rain water, from inside the building and from its immediate neighbourhood, as offer no menace to health, cause no nuisance and cause no damage to any property.36. Durability
A building and all fittings and installations necessary to render a building fit to comply with the requirements of this Act shall be constructed of materials of sufficient durability for the conditions to which they are likely to be subjected, and so put together and, where necessary, protected that the durability of the materials is not impaired.Part IV – Subordinate legislation
37. Building Regulations [First Schedule]
38. Incorporation of codes of practice by reference
39. Offences and penalties in Regulations
A Regulation made under this Act may provide penalties for an offence and also provide additional penalties in the case of successive or continuous offences under that Regulation and the provisions of section 40 apply, mutatis mutandis, to offences and penalties in such Regulations.Part V – Offences and penalties
40. Offences and penalties
Part VI – General
41. Serving of notices and other documents
42. Delegation to fit person
Wherever in this Act a power or discretion is vested in a local authority with regard to any matter or it is provided that a local authority must be satisfied or its opinion is made decisive, the local authority may delegate the exercise of the power or discretion to a fit person skilled in the matter in question.43. Responsibility
History of this document
14 May 1969
Commences.
29 October 1968
Assented to.
Cited documents 0
Documents citing this one 30
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- Manzini City Council v Magistrate Philisiwe D. Dlamini (Civil Case 4096 of 2007) [2008] SZHC 32 (2 May 2008)
- Mnisi and Others v Dlamini (9120 of 2015) [2020] SZHC 185 (23 September 2020)
- Municipal Council of Mbabane v Manyatsi (831 of 2013) [2013] SZHC 120 (12 June 2013)
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- Vincent and Another v R (Review 48 of 1999) [1999] SZHC 43 (21 July 1999)