ENFORCEMENT OF MODEL BUILDING BY-LAWS AND BUILDING STANDARDS. CITY OF HARARE ENFORCEMENT OF MODEL BUILDING BY-LAWS AND BUILDING STANDARDS.

INTRODUCTION BUILDING BY-LAWS The Model Building By-Laws set standards for building work. Their aim is to ensure the health and safety of people in and around buildings by setting requirements for building design and construction. These by-laws also promote energy efficiency and aim to improve access for disabled people. BUILDING STANDARDS Refers to regulations that set out the standards to which all buildings and other structures must conform. They cover design, construction, alteration, repair and maintenance, and specify the minimum requirements necessary to safeguard the health, safety and welfare of building occupants and the public as well as other impacts on the environment, efficiency, community, and so on.

Some of the Laws from which Building Standards are derived in Harare Urban Council's Act (Chapter. 29:15) Regional, Town and Country Planning Act [Chapter 29:12] Environmental Management Act [Chapter 20:27] Housing and Building Act [Chapter 22:07] Model Building by-laws (Chapter 29:07) Land Survey Act(Chapter 20:12) Housing Standards Control Act(Chapter 29:08) Quantity Surveyors Act: (Chapter 27:13) Architects Act: (Chapter 27:01) Land Surveyors Act (Chapter 27:06) Engineering Council Act(Chapter 27:22) Factories and Works Act(Chapter 14:08) Valuers Act(Chapter 27:18) Estates Agents Act (Chapter 27:05)

THE ENFORCEMENT OF MODEL BUILDING BY-LAWS AND BUILDING STANDARDS Building Standards Enforcement is the prevention, detection, investigation and enforcement of violations of statutes or ordinances regulating public health, safety, and welfare, public works, business activities and consumer protection, building standards, land-use, or municipal affairs. Construction Projects: Architects/ clients or their agents /designers are required to submit plans for review by Harare City’s Department of Works, (City Architecture Division- Building Inspectorate Section), to verify that they comply with the relevant building by-laws and standards. The plans will either be approved or sent back for revision and resubmission. Building Inspections will then take place at key stages during the construction works. Inspectors will evaluate the work and either sign it off, confirming that it is ‘up to standards’, or instruct changes. PLAN APPROVAL STAGES STAMP

Plan Approval Stamp Development Stage Stamp

FREQUENTLY ASKED QUESTIONS (FAQs). Q1: What is “building by-laws and building standards enforcement”? Building Standards Enforcement is a function local governments perform that many citizens consider important for accomplishing community goals, such as protecting property values and the environment. However, others view building standards enforcement as an annoying intrusion into the free use of private property. To ensure total compliance, local authorities use various techniques to gain compliance with duly adopted regulations such as land use and zoning ordinances, health and housing codes, sign standards, and uniform building and fire codes. Q2: Why is building by-laws and building standards enforcement important? Effective building standards enforcement helps bring to life a community’s positive vision for itself by ensuring that land and buildings are safe and attractive. For example, an open and obvious building standards violation devalues neighbouring properties and suggests that it is acceptable to violate the law. Neighbours may perceive that it is no longer cost-effective to maintain their properties because investments in maintenance, improvement, or enhancement are unlikely to bring an effective return on the investment. As a result, they also allow their properties to deteriorate. This cycle undermines citizen confidence in local government. Thus, building standards /code enforcement plays an important role in both the physical condition of a community and the way it is perceived by residents.

Q3: Who is in charge of building standards enforcement? Harare City Council has the personnel resources available, Building Inspectors and other compliance officers (Enforcement Officers), whose primary duties are the prevention, detection, investigation, and enforcement of violations of laws regulating public nuisance; public health, safety, and welfare; public works; business activities and consumer protection; building standards; land-use; or municipal affairs. This can include enforcement of provisions on business licenses trash haulers; amusement center regulations; impoundment of junk vehicles; trash, rubbish, and garbage removal; “no smoking” signage; water and sewer regulations; industrial pre-treatment regulations; disposal of inflammables; weed removal; parking restrictions; planning and zoning regulations; and removal of dead trees and shrubs. Building Standards enforcement involves enforcement officials ensuring compliance with policies, codes, rules, regulations, and permits in a timely fashion within the limits of the law.

Q4: How does the standards enforcement process usually work? In Harare, a Building Inspector (Enforcement Officer) will make an inspection to enforce the provisions of the municipal building standards when there is probable cause to believe a violation of the code exists. This generally can be done at any reasonable time if the premises are occupied. The building inspector must show proper credentials and request entry. If the premises are unoccupied, inspectors must make a reasonable effort to notify the owner of the premises. If the owner cannot be found, the inspector must give 2 weeks’ (14 days), notice and another 2 weeks (14 days) notice. After this (four weeks’) period IF there is NO response, the issue is referred to Development Control. Q5: What are other issues to keep in mind regarding standards enforcement? Harare City Council has a clear authority to protect the public health, safety, and welfare through municipal building by-laws and building standards, but the local authority also recognises the protection of legitimate privacy interests which at times imposes some key limitations on the local authority’s ability to investigate building standards violations. The most basic is that a warrantless search of a private residence for building standards violation is not permissible when the resident has denied entry.

THE ENFORCEMENT OF MODEL BUILDING BY-LAWS AND BUILDING STANDARDS To ensure the Enforcement of Model Building By-laws and Building Standards, Harare City Council took the following steps: Introduction of the One-Stop-Shop Plan Approval system for quicker plan processing. Introduction of 3 Regions, meaning the City will have 3 Regional Building Inspectors instead of one Chief B. I. Introduction of stage inspections fees for all development stages. Introduction of penalties for skipping inspection stages. Introduction of the Registration of ALL professionals in the Built Environment on an annual basis. An upward Review of Regularization Fees and other Penalties. Review of the City By-laws to come up with Harare Combined Building Standards –HCBS: (This is aimed at combining all city by-laws and building standards that deal with the issuance of Construction Permits.

THE ENFORCEMENT OF MODEL BUILDING BY-LAWS AND BUILDING STANDARDS 8 New Building Inspection Vehicles THE ENFORCEMENT OF MODEL BUILDING BY-LAWS AND BUILDING STANDARDS ‘BUILDING INSPECTIONS’ Typically, Inspections are carried out after the following phases: Temporary Toilet(s) Setting Out and Trenches. Damp-Proof Course / Hard-core Level. Wall Plate Level. Roof - Trusses Open Drain Test Final Drain Test Final inspection and issuing of Certification of Occupation.

THE ENFORCEMENT OF MODEL BUILDING BY-LAWS AND BUILDING STANDARDS

KEY REFORMS BEING UNDERTAKEN BY COUNCIL Harare City Council is working with the government and other key stakeholders to improve its service delivery in the issuance of construction permits. Goal: Reduce time for obtaining Construction Permits from 448 days to 90 days by 30 April 2019 Specific Target around Goal: Transparency and Quality Publishing all Building By- laws and regulations and plan submission forms online free of charge. Increase quality control during construction by introducing risk- based inspections Key Legislative Reform: Regional Town and Country Planning Amendment Bill Key Operational Reforms: Introducing risk – based inspections (Quality) Increasing number of sittings to deal with Town Planning issues to twice a week (Efficiency) Publishing statistics on Construction Permits on website (Transparency) Increasing number of vehicles for Building Inspectors from 8 to 16 (Efficiency) Developing Harare consolidated building standards by- laws (Transparency and Quality) Developing and implementing e- construction permitting (Efficiency)

The Purpose of this guide is: PROCEDURE GUIDE (MANUAL) FOR PLAN SUBMISSION/ CONSTRUCTION BOOKINGS The Purpose of this guide is: To state procedure to be followed in plan submission process for Approval and building construction. To assist staff members to understand their responsibilities and sequences of operation in the plan submission process. To inform the public on the system in order to avoid unnecessary Inconveniences and delays.

PLAN SUBMISSION REQUIREMENTS : Consideration must be taken not to VIOLATE the provisions of Chapter 2, Section 16 of the Model Building By-Laws (1977) when preparing and submitting plans where it says no person shall include on any plan any information which; (a) he or she knows to be false or; (b) is false and which he or she has no reasonable cause to believe to be correct. Plan approval application form found at every District Office to be fully completed by applicant/ agent. T.P.D.1 Form (Town Planning Development) at every District Office to be fully completed by applicant/ agent. Proof of Ownership in the form of title deeds/ agreement of sale/ lease agreement if Council or Government property. Site Plan with dimensions from Surveyor General’s Office depicting, abutting stands or proof of un-surveyed stand confirmation from Surveyor General’s Office (verification of survey). A copy of the Certificate of Compliance Place of plan submission: At the Local District Office where the property falls under. Note that plans for Commercial/ Industry/ Churches, Halls and Advertising Signs in high density areas and S.T.L are submitted at the Head Office (Cleveland House cnr. Speke Avenue / Leopold Takawira Street). Plans for Industrial Factories should concurrently submitted to NSSA offices for approval by the Inspector of Factories. Plan collection after approval: At point of submission.

THE END THANK YOU ALL