(1) No person shall-

a) erect any hoarding, scaffolding, fence, gang-way or other such temporary barrier or structure, whether or not it is required in terms of Chapter 12, upon or within one meter of any pavement, street or public place; or

b) undertake any building or sewerage work which is otherwise likely to interfere with, obstruct or render dangerous any pavement, street or public place;

unless and until he has obtained the written permission of the local authority and paid the prescribed fee.

(2) Application for the permission required in terms of subsection (1) shall be submitted in the form provided by the local authority for such applications, and such form shall be completed in all material respects

(3) Upon receipt of an application in terms of subsection (2), the local authority-

a) may require the submission of such plans or information as it deems necessary;

b) shall, once it is satisfied that it has sufficient information, by written notice served upon the owner of the site concerned and the person undertaking the work, grant permission to erect such structures upon and to make such use of, any pavement, street or public place as may be reasonably necessary for the purpose of undertaking the work.

(4) In granting permission in terms of subsection (3), the local authority may give directions as to-

a) the parts of the pavement, street or public place which may be interfered with or obstructed; and

b) the times at which, and period for which, interference or obstruction may be permitted; and

c) the nature of any structure which may be erected; and

d) the form which any interference or obstruction may take; and

e) the time by which, and stages at which, any obstruction shall be removed and any damage shall be repaired; and

f) any other matter which is intended to reduce inconvenience to the public and to ensure the safety of the public and the persons working on the site;

and the persons to whom the directions are directed shall give effect to those directions.

(5) If the local authority considers that any building or sewerage work interferes with, or is it likely to interfere with, obstruct, damage or render dangerous any pavement street or public place, it may, by written notice served upon-

a) the owner of the site concerned; and

b) the person undertaking the work; direct those persons to take one or more of the steps specified in subsection (6).

(6) Upon service of the written notice referred to in subsection (5), the persons upon whom it has been served shall take one or more of the following steps-

a) cease to interfere with or obstruct such pavement, street or public place;

b) take such action as the local authority may specify in order to reduce interference, obstruction, damage or danger;

c) repair any damage which has already been caused;

and, in such notice, the local authority may give directions as to any matter mentioned in subsection(4).

(7) Notwithstanding the provisions of this section, where-

a) the need arises to effect urgent repairs or maintenance; or

b) the state of a building which is being or has been erected renders the use of any adjoining pavement, street or public place, dangerous;
a person may forthwith erect such scaffolding, fence or other barrier, and cause such interference or obstruction as may be necessary in the circumstances:

Provided that-

i) the person taking such action shall notify the local authority as soon as possible of-

a) the action which he has taken; and

b) the reason for taking that action; and

ii) the local authority may thereafter-

a) give such directions as it deems fit in order to minimize any inconvenience caused to the public, and to ensure the safety of the public and persons working on the site; and

b) require payment of the prescribed fee.