George Municipality Clarifies Building Control Processes and Strengthened Measures Following Collapse
In the photo: Reviewing approved building plans on-site.
The George Municipality wishes to address concerns raised in a recent media release issued by the GOOD Party on 20 November 2025, titled “GOOD DEMANDS ANSWERS AS MUNICIPALITY DRAGS ITS FEET ON CRITICAL REVIEW.”
The Municipality rejects the assertion that it has delayed any action relating to the review or adjustment of internal processes. During her tenure, former Portfolio Councillor Kyd was informed that while legislative limitations restrict the extent to which certain processes can be amended, operational improvements had already been implemented to strengthen internal controls. The Councillor was also briefed that the workflow had been reviewed and that no material errors were identified on the Municipality’s side. In addition, she was informed of the legally defined roles and responsibilities of the various agencies involved in oversight during the construction phase.
The Municipality has repeatedly emphasised that, in South Africa, the primary responsibility for any building project rests with the owner. In terms of the National Building Regulations and Building Standards Act, 1977, accountability is shared between the owner and their appointed professionals. Owners must submit approved plans, appoint competent and professionally registered persons, ensure compliance with the National Building Regulations (NBR), and obtain a Certificate of Occupancy before a building may be used.
The Municipality cannot exercise oversight over functions assigned to other organs of state, such as those regulated under the NHBRC and labour legislation. Additionally, the Municipality cannot act beyond the mandate provided by national legislation. When issues arise on construction sites, the Municipality will halt work where necessary and hold the competent persons responsible for rectification within the scope of the NBR.
The Building Control Officer (BCO) performs a regulatory and administrative oversight function on behalf of the Municipality, ensuring compliance with the NBR. The BCO verifies that plans meet legal requirements, conducts inspections, confirms that competent persons have been appointed where rational design oversight is required, and issues occupation certificates only when all legal obligations have been met.
However, the law recognises that municipal officials cannot carry full technical liability for the structural integrity of a development. The construction industry—comprising owners, contractors, engineers, architects, and other professionals—collectively carries responsibility for quality and safety. The BCO cannot act as project manager or site supervisor and must rely on the accuracy and integrity of reports submitted by appointed competent persons.
The legal responsibilities of clients, designers, and contractors are further reinforced through the Construction Regulations, 2014, under the Occupational Health and Safety Act, the regulatory role of the NHBRC, and the mandates of the various Built Environment Professional Councils. Following the tragic incident, the Building Control division has substantially reinforced its building control framework through enhanced oversight, strengthened inspection protocols, improved inter-agency coordination, and increased internal capacity to ensure higher standards of safety and regulatory compliance.
Legislative changes remain the responsibility of the national government. The Department of Trade, Industry and Competition (DTIC) is the custodian of the National Building Regulations and Standards Act (Act 103 of 1977). Municipalities are required to implement national legislation, and local by-laws cannot exceed or alter the constitutional and legislative mandates assigned to municipalities.
The Municipality is exploring the use of Artificial Intelligence to enhance safety oversight and improve regulatory compliance. These tools aim to shorten approval times, improve risk detection, and support more proactive decision-making throughout a building’s lifecycle.
The George incident has underscored the need for continuous improvement across the built environment sector. While the Municipality remains committed to strengthening oversight and capacity, the law is clear that the primary responsibility for safe construction lies with the owner and their appointed professionals.
The Building Control Division remains committed to improving internal controls, enhancing partnerships with industry bodies, and ensuring that buildings in George meet the standards that communities deserve. The Municipality acknowledges public frustration at the slow pace of national legislative reform and shares this concern, as the built environment sector has long called for updates to the National Building Regulations.
In the interim, the Municipality continues to exercise all powers lawfully available to it. Professionals in the construction sector can attest to the increasingly stringent controls applied by the Building Control Division and the efforts to hold appointed professionals accountable in line with industry standards.
