LEGAL FRAMEWORK FOR POPULATION CERTIFICATES
Key Requirements:
• Certificate Types: Authorities may require either a temporary or permanent certificate.
• Mandatory Display: The certificate must be displayed prominently within the premises.
• Population Control: Owners or managers are responsible for ensuring that the population does not exceed the certificate’s specified limit.
• Compliance: If authorities (e.g., SAPS, Fire Department, Municipalities) find non-compliance during inspections, penalties or business closures may follow.
Application for a Population Certificate is made in terms of Section 21 (1) of the Community Fire Safety By-law under the
National Building Regulations.
‘‘Population’’ means the population determined in accordance with the National Building Regulations (A21);
The controlling authority may instruct the Business Owner or person in charge of the premises to apply for either a temporary or a permanent population certificate, should the premises be used in respect of any other occupancy contemplated in the National Building Regulations (A20).
The temporary or permanent population certificate must be displayed in a visible and conspicuous position in or on the premises for which the certificate was issued.
The Business Owner or the person in charge of the premises must prevent overcrowding by limiting the maximum population to that which is specified on the temporary or permanent population certificate.
The Business Owner and or the person in charge shall instruct all clients and or participants to vacate the premises that are overcrowded when instructed to do so by the Authority.
(South African Police Services, Fire Department, Local Municipality, Liquor Authority).
If at any time, during an inspection from time to time, the Authority becomes aware that the usage of the premises is not in accordance with the temporary or permanent population certificate, penalties and or closure of the Business may follow as a consequence.
IMPORTANT COMPLIANCE DETAILS
The certificate is a once-off application; no annual renewals are required.
A temporary certificate is valid for up to 30 days.
If alterations or changes in occupancy occur, a new certificate application is required.
OCCUPANCY LIMITS BY CLASS
Occupancy Limits Per Room/Space Type
HERE ARE THE MAXIMUM POPULATION LIMITS FOR DIFFERENT TYPES OF ROOMS OR PREMISES:
| CLASS | POPULATION LIMIT |
|---|---|
|
A1, A2, A4, A5 |
Fixed seats or 1 person per m² without fixed seats |
|
E1, E3, H1, H3, H4 |
2 persons per bedroom |
|
E4 |
16 persons (max. 4 per room) |
|
H2 |
16 persons per dwelling unit (max. 4 per room) |
|
G1 |
1 person per 15m² |
|
J1 – J4 |
1 person per 50m² |
|
C1, E2, F1, F2 |
1 person per 10m² |
|
B1 – B3, D1 – D3 |
1 person per 15m² |
|
C2, F3 |
1 person per 20m² |
|
A3, H2 |
1 person per 5m² |
A Population Certificate is not transferable at the change of ownership (When the Business is Sold) or from one premise to another (When the Business is relocated). A Population Certificate is not renewable, a once-off fee is charged for the Application, and no annual renewal of the Population Certificate is required.
A temporary population certificate is valid for a period not exceeding 30 calendar days.
The temporary and permanent population certificate is valid only for the premises or portion of the premises for which it was issued, and when changes of occupancy occur or alterations are made to the premises for which the certificate was issued, the owner or person in charge of the premises shall reapply for the certificate in accordance with subsection (1).