Frequently asked questions for by laws:
1. What are by-laws?
By-laws are laws that are passed by the council of a municipality to regulate the affairs and the services the municipality provides in its area of jurisdiction. A municipality derives the power to pass a by-law from the Constitution of the Republic of South Africa, 1996, which gives specified powers and competencies to local government as set out in Part B of Schedule 4 and Part B of Schedule 5. The main function of the City of Tshwane’s by-laws is to ensure that Tshwane is an orderly city to live and work in.
What issues are regulated by by-laws in Tshwane?
a. Public order and public amenities or properties of the MunicipalityThese issues are regulated by the Tshwane Public Amenities By-law. The by-law regulates municipal facilities (for instance, resorts, parks and swimming pools) to ensure that they are used in a safe and orderly manner and contribute to the well-being of people and the environment.
b. Childcare services, nursery schools and crèches- These facilities are regulated by the Childcare Services By-law. The purpose is to ensure that childcare services in Tshwane comply with health requirements so that children can have a safe and healthy environment in which to learn and grow.
- Childcare services must have health certificates. Contact Municipal Health Services one-stop centre at 012 358 4656.
- Regulation 918 (a health regulation) ensures that premises for food preparation and the transportation of food meet health and hygiene standards. Contact Municipal Health Services one-stop centre at 012 358 4656.
- Tshwane Town Planning Scheme For more information on the zoning of child care services, contact the Town Planning offices for your area.
- Akasia: 1st Floor, Spectrum Building, Plein Street West, Karenpark. For enquiries, phone 012 358 9110.
- Centurion: Room 8, Town Planning Office, cnr Basden and Rabie Streets. For enquiries, phone 012 358 3253.
- Pretoria: Room G10, Ground Floor, Munitoria, cnr Vermeulen and Van der Walt Streets. For enquiries, phone 012 358 4689
- Fire Brigade Services By-law To request fire safety inspections at premises and lodge fire hazard complaints, consult the Fire Safety offices for your area, Monday to Friday, 07:30 to 16:00.
- Central Fire Station Tel: 012 358 6255 (reception)
- Rosslyn Fire Station Tel: 012 358 9964 (reception)
- Centurion Fire Station Tel: 012 358 3510 (reception) For information outside office hours, please phone 012 358 6200/6300.
- Businesses Act regulations To obtain information on business licences, contact the Local Economic Development Division at the following telephone numbers: 012 358 4490, 012 358 4383, 012 358 4017 or 012 358 0759.
- National building regulations Building Control Regional offices (enquiries by fax):
- Pretoria: 012 358 7994/8048 or 012 358 4921/8071
- Centurion: 012 358 3412/3 or 012 358 3599
- Akasia: 012 358 9098 or 012 358 9131
- Soshanguve: 012 358 9336 or 012 358 9250
- Homes for the aged are regulated by the City of Tshwane By-law for Homes for the Aged. The purpose is to ensure that these homes comply with health requirements so that older people can live in safe and healthy circumstances.
- Homes for the aged must have health certificates. Contact Municipal Health Services one-stop centre at 012 358 4656.
- Regulation 918 (health regulation) This regulation ensures that premises for food preparation and the transportation of food meet health and hygiene standards.
- Tshwane Town Planning Scheme For more information on the zoning of homes for the aged, contact the Town Planning offices for your area.
- Akasia: 1st Floor, Spectrum Building, Plein Street West, Karenpark. For enquiries, phone 012 358 9110.
- Centurion: Room 8, Town Planning Office, cnr Basden and Rabie Streets. For enquiries, phone 012 358 3253.
- Pretoria: Room G10, Ground Floor, Munitoria, cnr Vermeulen and Van der Walt Streets, Pretoria. For enquiries, phone 012 358 4689.
- Fire Brigade Services By-law To request fire safety inspections at premises and lodge fire hazard complaints, consult the Fire Safety offices for your area, Monday to Friday, 07:30 to 16:00.
- Central Fire Station Tel: 012 358 6255 (reception)
- Rosslyn Fire Station Tel: 012 358 9964 (reception)
- Centurion Fire Station Tel: 012 358 3510 (reception) For information outside office hours, please phone 012 358 6200/6300.
- Businesses Act regulations To obtain information on business licences, contact the Local Economic Development Division at the following telephone numbers: 012 358 4490, 012 358 4383, 012 358 4017 or 012 358 0759.
- National building regulations Building Control Regional offices (enquiries by fax):
- Pretoria: 012 358 7994/8048 or 012 358 4921/8071
- Centurion: 012 358 3412/3 or 012 358 3599
- Centurion: 012 358 3412/3 or 012 358 3599
- Soshanguve: 012 358 9336 or 012 358 9250
- Initiation schools are regulated by the City of Tshwane Initiation Schools By-law. The by-law is aimed at ensuring that initiation schools in Tshwane comply with health requirements so that traditional practices can be performed in a safe and healthy manner.
- Health certificates Contact Municipal Health Services one-stop centre at 012 358 4656.
- The City of Tshwane By-law for Keeping of Animals, Birds and Poultry ensures that the health of people and animals is preserved and that animals are properly looked after. Contact Municipal Health Services one-stop centre at 012 358 4656.
C
- The City of Tshwane Street Trading By-law regulates and manages street trading in a manner that promotes a safe and orderly city. It provides guidelines on what to do and what not to do when trading on the streets of Tshwane. It also gives guidelines on how to deal with contraventions.
- Health certificates Contact Municipal Health Services one-stop centre at 012 358 4656.
- Regulation 918 (health regulation) The regulation ensures that premises for food preparation and the transportation of food meet health and hygiene standards.
- Fire Brigade Services By-law To request fire safety inspections at premises and lodge fire hazard complaints, consult the Fire Safety offices for your area, Monday to Friday, 07:30 to 16:00.
- Central Fire Station Tel: 012 358 6255 (reception)
- Rosslyn Fire Station Tel: 012 358 9964 (reception)
- Centurion Fire Station Tel: 012 358 3510 (reception) For information outside office hours, please phone 012 358 6200/6300.
- Businesses Act To obtain information on business licences, contact the Local Economic Development Division at the following telephone numbers: 012 358 4490, 012 358 4383, 012 358 4017 or 012 358 0759.
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- The City of Tshwane Outdoor Advertising By-law regulates outdoor advertising signs (such as posters and billboards) to ensure a safe and aesthetically pleasing city while promoting economic development. To apply for outdoor advertising signs, contact the City Planning Division at 012 358 7694.
Where can I view the City of Tshwane by-laws?
On the City of Tshwane public website at www.tshwane.gov.za, click on the “RESIDENTS” tab at the top of the home page. On the left of the screen under the heading “Municipal Services”, click on “By-laws”. To view existing by-laws, click on “Promulgated by-laws”. To view draft by-laws, click on “Draft by-laws”, or to view fine schedules, click on “Fine schedule for by-law policing”.
Where can I lodge a complaint regarding a by-law transgression?
To report a by-law offence, contact the City of Tshwane’s By-law Enforcement Centre at:
- Tel: 012 358 0070
- Toll-free number: 0801 111 556
The caller will hear a voice giving various options. Select Option 1 for “Fire, ambulance and metro police”. The caller will then hear some more options, and should select Option 3 for the By-law Enforcement Centre.
- Email: bylawenforcementcenter@tshwane.gov.za or bec@tshwane.gov.za
- Address: By-law Enforcement Centre, Tshwane Metropolitan Police Headquarters, cnr DF Malan Drive and Church Street, Pretoria West
May I lodge a complaint anonymously?
Yes, you may. Please note the following:
- Tel: 012 358 0070
- In terms of the By-law Enforcement Centre service charter we have to provide a complainant with feedback within 21 days. A complainant does not have to provide his or her name, but if we do not at least have a telephone number or an email address, feedback to the complainant will be impossible.
- To prevent victimisation, the name of the complainant is not disclosed to the presumed transgressor. However, should the case go to court, the complainant may be asked to testify.
When can I expect feedback?
The By-law Enforcement Centre service charter stipulates that feedback must be given within 21 days.
8. If I want to open a business, what licences or permits do I require and where do I apply? 8.1 General enquiries: Formal and Informal Business Regulation Compliance Section at 012 358 1416/4490/4012 8.2 Businesses that sell food, such as butcheries, bakeries, home industries and petrol stations 8.2. a Business licence According to the Businesses Act (71 of 1991, Schedule 1), the following businesses are required to apply for and obtain a trade licence before they begin their operations:
Item 1: Sale or supply of meals or perishable foodstuffs?
- Any foodstuff in the form of meals for consumption on or off the business premises
- Any perishable foodstuff.
- For the purposes of subitem (1), “perishable foodstuff” means any foodstuff or category of foodstuff declared by an Administrator by notice in the Official Gazette to be a perishable foodstuff in the province concerned.
Item 2: Provision of certain types of health facilities or entertainment The carrying on of business by
- Providing Turkish baths, saunas or other health baths
- Providing massage or infrared treatment
- Making the service of an escort, whether male or female, available to any other person
- Keeping three or more mechanical, electronic or electrical contrivances, instruments, apparatus or devices which are designed or used for the playing of any game or for recreation or amusement, and the operation of which involves the payment of any valuable consideration, either by insertion of a coin, token coin or disc therein or in an appliance attached thereto or in any other manne
- Keeping three or more snooker or billiard tables
- Keeping or conducting a night club or discothèque
- Keeping or conducting a cinema or theatre
- Conducting adult premises referred to in section 24 of the Films and Publications Act (65 of 1996).
Item 3: Hawking in meals or perishable foodstuffs
- The carrying on of business, whether as principal, employee or agent, by selling any foodstuff in the form of meals or any perishable foodstuff
- Which is conveyed from place to place, whether by vehicle or otherwise
- On a public road or at any other place accessible to the public
- n, on or from a movable structure or stationary vehicle, unless the business is covered by a licence for a business referred to in item 1 of this Schedule.
Licences are required for the above business types. To obtain information on business licences, contact the Local Economic Development Division at the following telephone numbers: 012 358 4490, 012 358 4383, 012 358 4017 or 012 358 0759 To apply for a business licence, visit the Local Economic Development offices at: Room 401, 4th Floor, HB Phillips Building, cnr Schoeman and Bosman Streets, Pretoria
8.2.b Health certificate
Contact Municipal Health Services one-stop centre at 012 358 4656.
8.2.c Regulation 918 permit
This regulation was published in terms of section 35 read with section 40 of the Health Act (63 of 1977). It sets down requirements for the general hygiene of food premises and the transport of food. It regulates all aspects in a premises where food is handled and prepared (which includes reheating of prepared food but excludes pre-packed foodstuffs). Contact Municipal Health Services one-stop centre at 012 358 4656.
8.2.d Fire safety certificate
To request application forms for the different hazardous substances permits and fire certificates as required by the Fire Safety By-law, and to request fire safety inspections at premises and lodge fire hazard complaints, consult the Fire Safety offices for your area, Monday to Friday, 07:30 to 16:00.
a) Central Fire Station
Cnr Bosman and Minnaar Streets, Pretoria
Tel: 012 358 6255 (reception)
Fax: 012 358 6274
b) Rosslyn Fire Station
3 Piet Rautenbach Street, Rosslyn
Tel: 012 358 9964 (reception)
Fax: 012 358 9974
c) Centurion Fire Station
246 Basden Avenue, Lyttelton
Tel: 012 358 3510 (reception)
Fax: 012 358 3990
For information outside office hours, please contact 012 358 6200/6300.
8.2.e Approved building plans
Building plans must be approved by Building Control. This division manages all building work and controls illegal building. Regional offices (enquiries by fax):
- Pretoria: 012 358 7994/8048 or 012 358 4921/8071
- Centurion: 012 358 3412/3 or 012 358 3599
- Akasia: 012 358 9098 or 012 358 9131
- Soshanguve: 012 358 9336 or 012 358 9250
8.2.f Approved zoning For more information on zoning, contact the Town Planning offices for your area:
- Akasia: 1st Floor, Spectrum Building, Plein Street West, Karenpark. For enquiries, phone 012 358 9110.
- Centurion: Room 8, Town Planning office, cnr Basden and Rabie Streets. For enquiries, phone 012 358 3253.
- Pretoria: Room G10, Ground Floor, Munitoria, cnr Vermeulen and Van der Walt Streets. For enquiries, phone 012 358 4689.
8.3.g Liquor licence
The Local Committee of the Gauteng Liquor Board is in control of liquor licences. For more information, phone 011 355 8793, or fax 011 355 8387. Street address: 94 Main Street, Marshall Town, Johannesburg, 2000 Postal address: PO Box 091, Marshall Town, 2107
What is zoning? How does zoning relate to opening a business?
The Tshwane Town Planning Scheme is a legal document. The Town Planning and Townships Ordinance, 1986, and the Gauteng Planning and Development Act (3 of 2003) require compliance with it. The Town Planning Scheme determines the general rules for the development of properties, and particularly:
- The use of a property (use zoning)
- The development density (density zoning) of a property
- The development controls, that is, the height, size (bulk or floor area/floor area ratio FAR/FSR) and extent of development (through building lines and building restriction areas) on a property as well as parking and access issues.
Each property in a town planning scheme area has a specific use zone. A number of development and density controls may be coupled to the particular use zone. These are the development rights of a property and influence its value. Generally, a property with rights for a retail centre will have a greater market value than a similarly located property with rights for a single dwelling house. As these rights have value, changing them may impact on a property’s value. The Town Planning and Townships Ordinance (15 of 1986), therefore, allows a property owner to claim compensation from the local authority should it change or reduce his or her rights on a property.
Therefore, before you open a business, ensure that your land use rights or zoning is applicable to your planned enterprise. For more information, contact the relevant Town Planning offices for your area:
- Akasia: 1st Floor, Spectrum Building, Plein Street West, Karenpark. For enquiries, phone 012 358 9110.
- Centurion: Room 8, Town Planning office, cnr Basden and Rabie Streets. For enquiries, phone 012 358 3253.
- Pretoria: Room G10, Ground Floor, Munitoria, cnr Vermeulen and Van der Walt Streets. For enquiries, phone 012 358 4689.
To report a suspected town planning contravention or to obtain more information on the enforcement of the Town Planning Scheme, phone 012 358 8833.
Where do I apply for permission to advertise my business on a sign?
Permission for outdoor advertising must be obtained from the City Planning and Development Division. Applications for outdoor advertising, such as billboards, business signs, events and commercial posters, are submitted to this Division. General enquiries: 012 358 8008/7694. No outdoor advertising may be conducted without written permission from the Municipality.
Illegal advertising may be reported to the Development Compliance Section at 012 358 8761.
Where do I apply for permission to advertise my business on pamphlets?
From Streetscape Management Section. Applications for outdoor advertising, such as billboards, business signs, events and commercial posters, are submitted to this section. General enquiries: 012 358 8008/7694.
No outdoor advertising may be conducted without written permission from the Municipality.
Illegal advertising may be reported to the Development Compliance Section at 012 358 8761.
Where do street traders apply for licences or permits?
To obtain information on trading permits, contact the Local Economic Development Division at the following telephone numbers: 012 358 4490 012 358 4383 012 358 4017 012 358 0759
To apply for a trading permit, visit the Local Economic Development offices at: Room 401, 4th Floor, HB Phillips Building, cnr Schoeman and Bosman Streets, Pretoria
To apply for a street trading permit, the following are needed:
- A copy of the applicant’s ID
- Permanent residential and postal address
- Initial rental fee covering the first three months and, thereafter, monthly payments
- Signing of a lease agreement
- Signing of a pledge form
- Attendance of an orientation workshop
- A monthly rental fee, depending on the stall provided
What penalties do people who trade illegally face?
Where do I report illegal business activities?
- Any person who contravenes a provision of the Street Trading By-law is guilty of an offence and liable on conviction to a fine or imprisonment of up to three months, or to the fine and the imprisonment.
- Any person who contravenes a provision of the Businesses Act is guilty of an offence and liable on conviction to a fine or imprisonment of up to three months, or to the fine and the imprisonment.
- Failure to comply with the health regulations will result in either a notice to comply being issued or a fine being imposed.
- Once an owner has been issued with a notice in terms of the Town Planning Scheme to discontinue the noncompliance use, he or she has up to 28 days to either discontinue or legalise the noncompliance by means of an application. If this does not happen, he or she is summonsed to appear in court. If the owner is found guilty by the court, a fine is determined by the court and the court may demand that the owner cease the noncompliance immediately.
Report all illegal businesses and business activities to the Development Compliance Section at 012 358 8761.
What are the requirements for a business to sell or store fireworks?
- People or businesses must be in possession of a fire safety certificate issued by the Fire Brigade before they may deal in fireworks.
- No more than 500 kg per premises is allowed.
- The storeroom for the storage of fireworks must comply with the specifications of the National Building Regulations and must be approved by a Fire Safety Officer before fireworks may be stored in the storeroom.
- To request application forms for the different hazardous substances permits and fire certificates as required by the by-law, and to request a fire safety inspection at premises and lodge a fire hazard complaint, consult the Fire Safety offices for your area, Monday to Friday, 07:30 to 16:00.
Central Fire Station
Cnr Bosman and Minnaar Streets, Pretoria
Tel: 012 358 6255 (reception)
Fax: 012 358 6274
Rosslyn Fire Station
3 Piet Rautenbach Street, Rosslyn
Tel: 012 358 9964 (reception)
Fax: 012 358 9974
Centurion Fire Station
246 Basden Avenue, Lyttelton
Tel: 012 358 3510 (reception)
Fax: 012 358 3990
For information outside office hours, please contact 012 358 6200/6300.
Also refer to the Fire Brigade Services By-law.
May I discharge fireworks on my private property?
No person may discharge fireworks on any property without the consent of the Chief Fire Safety Officer, who may set any restrictions as he or she may deem necessary for safety reasons.
Consult the Fire Safety offices for your area, Monday to Friday, 07:30 to 16:00.
Central Fire Station
Cnr Bosman and Minnaar Streets, Pretoria
Tel: 012 358 6255 (reception)
Fax: 012 358 6274
Rosslyn Fire Station
3 Piet Rautenbach Street, Rosslyn
Tel: 012 358 9964 (reception)
Fax: 012 358 9974
Centurion Fire Station
246 Basden Avenue, Lyttelton
Tel: 012 358 3510 (reception)
Fax: 012 358 3990
What do I do if there is an illegal spray painting business in my neighbourhood?
Lodge a complaint with the City of Tshwane’s By-law Enforcement Centre at:
- Tel: 012 358 0070
- Toll-free number: 0801 111 556
The caller will hear a voice giving various options. Select Option 1 for “Fire, ambulance and metro police.” The caller will then hear some more options, and should select Option 3 for the By-law Enforcement Centre.
- Email: bylawenforcementcenter@tshwane.gov.za or bec@tshwane.gov.za
- Address: By-law Enforcement Centre, Tshwane Metropolitan Police Headquarters, cnr DF Malan Drive and Church Street, Pretoria West
- In terms of the Fire Brigade Services By-law, all spray painting enterprises require a spray painting permit or a certificate of registration.
- Premises must also be zoned for business rights. Thus illegal spray painting businesses can also be reported to the Development Compliance Section at 012 358 8761.
May I burn garden refuse in my garden or in an old steel drum?
No. According to the Fire Brigade Services By-law, “no person may, without the written authority of the Service, burn any refuse, wood, straw or other combustible materials within the area, or have them burnt or permit them to be burnt within the area, unless the refuse, wood, straw or other combustible materials are burnt inside an approved purpose-made incinerator or incinerating device”.
Where do I lodge noise complaints?
Environmental Health one-stop service: 012 358 4656.
For all other enquiries, please contact the City of Tshwane Customer Care call centre on 012 358 9999.
