The George Municipality said while the findings of the National Home Builders Registration Council’s (NHBRC) report into the fatal building collapse that killed 34 people last year found their office to be at fault for approving the apartment block’s plan after it was already in construction, no significant findings were made against it during an audit, adding the plans were approved in line with regulations.
Through an audit conducted, the municipality revealed key information into the approval and acceptance of the plan, saying they did not have evidence that the construction went ahead despite the approval being processed.
Chantèl Edwards, municipal spokesperson, said via a statement in response to the NHBRC report, that they wished to give clarity on the findings.
“In accordance with Section A22, the engineer informed the municipality on June 29, 2023 that they intend to commence with construction on July 3, 2023.
"The municipality advised that the plans were not yet approved.
"Further enquiry was made on July 6, 2023 upon which it was confirmed that the plans were approved.
"The municipality does not have evidence alluding that the construction commenced prior to approval of the building plan,” she said. .
Human Settlements Minister, Thembi Simelane, on Wednesday said that five officials from the NHBRC were suspended and could face criminal charges along with the developers behind the construction, Neo Victoria Developments.
Simelane revealed damning evidence that George Municipality had approved the building plans despite it already being in construction.
“The investigation uncovered that the George Municipality approved the plans when the construction was already under way.
"This means the work on site started before approvals were finalised,” Simelane detailed.
Edwards further said: “It needs to be noted that the comment by the Minister refers specifically to procedures of the NHBRC. The George Municipality did not receive a copy of the report under discussion and cannot comment on the contents thereof. The investigation is in the hands of the SAPS,” she said.
“George Municipality acknowledges the public interest in this matter and wishes to clarify the municipal role regarding the approval process for the development of Erf 15098 George, as well as its cooperation with relevant authorities during the investigation process.
“As part of the 2023/24 audit, the Auditor-General of South Africa conducted a high-level review of the Municipality’s Building Control functions—specifically planning approvals, compliance inspections, and the issuing of occupation certificates.
“The building plans for Erf 15098 George were included in this audit with no significant findings were identified, and no corrective actions were recommended.
“The initial pre-application for the rezoning of Erf 15098 was submitted on September 3, 2020 followed by a revised pre-application submission, received on November 23, 2020, proposing a five-storey block of flats with a rooftop deck.
“The rezoning application was submitted on April 20, 2021 and approval was granted on October 1, 2021.
“A site development plan was submitted on April 21, 2022 and approved on May 25, 2022, whereby it was confirmed that all the planning requirements applicable to the proposed development were addressed in the proposed layout.
"The building plan, consisting of a basement, ground floor parking, and four residential floors (a total of five storeys), was submitted on July 12, 2022 and approved on July 6, 2023 after being deferred for corrections and additional information. This building plan corresponded with the approved site development plan.”
She added that National Building Regulations do not require the municipality to verify that the owner has registered their project with the NHBRC prior to commencement.
“Compliance with the Housing Consumers Protection Measures Act is the responsibility of the developer and is enforced by the NHBRC.
“Although the municipality has not received the NHBRC’s full report, it has been noted in public statements that construction commenced without the required NHBRC enrolment certificate, and that the building was registered with the NHBRC as a single-storey structure.
“This process of registration, enrolment, and inspection is carried out exclusively by the NHBRC in collaboration with the developer and their appointed professional team.
"Municipal building inspectors are not involved in this process. The only building plan application submitted with the Municipality was for a 5-storey development.
Cape Argus