The role of building regulations in sustainable local governance
Abstract
This study highlights one way by means of which South Africa can become more sustainable namely by applying "green building" and "green design" in the local context. The study asks the question: What is the role of building regulations in sustainable local governance as provided for in South African environmental and local government legislation?
Schedule 4(B) in conjunction with section 156(1) of the Constitution of the Republic of South Africa, 1996 (hereafter the Constitution) states that local government has the power to execute law–making and executive powers in relation to building regulations. The Constitution further provides in section 24, the environmental right, read together with section 152(1) that municipalities are co–responsible with the other two spheres of government to protect the environment and to secure an environment that is not detrimental to the health or well–being of people. The Local Government: Municipal Systems Act 32 of 2000 in section 4(2)(d), (i) and (j) further states that municipalities have the duty to provide services that is effective, fair and sustainable.
Municipalities are bound by national legislation (including the National Environmental Management Act 107 of 1998 and national legislation dealing with building regulations, specifically the National Building Regulations and Building Standards Act 103 of 1977) in how it deals with and within the environment. The South African National Standards (SANS) 10400–XA: 2011 finds its application specifically on environmental sustainability and energy usage in buildings. The link between these laws and instruments (such as SANS and other projects) and the notion of "green building" is explored in this dissertation.
Municipalities in the Western Cape Province are making an effort to adhere to the above national laws. More specifically the City of Cape Town has a Problem Building By–law and the Drakenstein Municipality (Paarl) has a green building manual to regulate "green building" and "green design". With reference to these two municipalities, this study serves to show that some South African municipalities strive toward "green building" and "green design", but more have to be done nationally in order to be pro–active in this regard.
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