Alterations & Additions
What the National Building Regulations say about Alterations and Additions to Existing Buildings
In general, the National Building Regulations are not retroactive in their application. This means that if you are making alterations and additions. a building, you won’t have to ensure that the entire building complies with new regulations that have been imposed since the building was originally erected.
This will be of particular interest to people who are concerned about the implications of the new energy efficiency legislations and regulations.
But if you need plans for any alterations and additions, then you will need to ensure that the new section of the building complies.
Part A of SANS 10400, General Principles and Requirements, deals with alterations and additions.
This part of the National Building Regulations states that where an application is made to make alterations or additions to any building that was approved before this version of the Building Regulations and Standards Act (i.e. prior to 2008):
- The alteration must comply with the requirements of the Act, but “consequent changes to any other part of the building which would be necessary in order to make such other part comply with the requirements of the Act shall not be required unless in the opinion of the local authority such consequent changes are necessary to ensure the health or safety of persons using the building in the altered form”
- The addition must comply with the requirements of the Act, “but no changes to the original building shall be required unless the addition :
- will affect the structural strength or stability of the original building;
- will render any existing escape route from the original building less effective; or
- will affect the health of persons using the original building.
Problems May Occur When Making Alterations and Additions to Older Buildings
In addition to the above, the law-makers are aware that problems might arise when alterations and additions are carried out on buildings that were erected in compliance with earlier building by-laws.
In the case of such an addition the local authority (which is of course the body that will approve any plans that might be required for such an addition or alteration) might decide to treat the new portion as an entirely separate part. If this happens, then the alterations will have to be designed to comply with the National Building Regulations “without having any effect on the original portion of the building”.
This is not likely to happen often with alterations and additions, though the local authority will decide “to what extent that part of the building which is not to be altered should comply with the National Building Regulations”. Generally they will be more stringent when it comes to the application of fire regulations (Part T, Fire protection), and particularly when it comes to escape route requirements. Since this doesn’t affect “dwelling houses”, it is unlikely to have any effect on residential buildings.
The regulations state: “It is obvious that a pragmatic and essentially practical approach is necessary.”
Their primary concern is the health and safety of those people using the building. But they advise local authorities that any decisions “should be within the context of what might be practical and economically sound in an old building. If an owner or entrepreneur cannot alter a building to suit his purpose at a cost which will enable him to have a reasonable economic return, he will probably not alter the building at all.
This could lead to the perpetuation of a situation which might be dangerous but one which is in compliance with old by-laws and is thus perfectly legal. Such a situation could often be considerably improved by making certain changes that are practical and economically sound even though they would not provide the same standard as would be expected in a new building.
“Both the owner and the local authority will have to consider what they are trying to achieve with the Regulations and the answer should be tempered by the knowledge of what is reasonable and practical to require of an existing building.”
Hi
We’re currently considering building a “granny-flat” but am not sure about the regulations for this. We have about 600 square meters available to do this and are thinking to build 1 x 3 bedroom and 1 x 2 bedroom flats.
Can you please, if possible, let me know what we’re allowed to build and what not.
Thank you
Cathy I have emailed you a City of Jhb Town Planning document that may be helpful.
Basically both boundary and height restrictions are governed by local bylaws.
As far as I know in Jozi you do need neighbors consent if the building is less than the minimum distance from the boundary – but this distance varies. And as far as height is concerned I am pretty sure that you do NOT need neighbour’s consent to build double storey.
Your best bet is to contact the City’s town planning department and ask them what the bylaws state.
Hi Penny, thanks so much for your reply. We are in Randburg, JHB. Do the neighbours have to give consent if the owner is going double storey? Regards Cathy
Cathy where do you live? The only rezoning that I am aware of that allows building close or on a boundary without neighbors consent is in Cape Town. The Sh hasn’t hit the fan yet, but I think it will soon. If you are in CT I have the zoning regs; if not I will see what I can find.
Dear Penny
Our neighbours at the back of us have started to construct. Initially we thought it was going to be a garage with a granny flat on top, but we think he has now put up a small cluster complex, as there is more than one dwelling of this nature on the property. They are very close to the boundary wall and they have gone double storey, but have not come to ask our permission in terms of relaxation of the building lines, or to go up double storey.
Now I remember in the past one required permission from your immediate neighbours if you were going to build beyond the building line and/or if you were going up double storey, but I cannot find any building by-laws, acts or regulations that support this. Further to this there is the re-zoning issue from Res 1 to Res 2, or other zoning.
Do you know if the owner should have obtained my permission to relax the building line, build double storey and re-zone the property. I want to have my facts straight first, before I approach the owner. If he should have obtained my permission, but has not, what steps can I take. I would appreciate your input.
kind regards
Cathy
Hi Jean,
Here is a copy of the reply that I put up on Facebook Owner Building to the same query, just in case you missed it:
“Hi Jean, There are a few technical factors that will determine if you can put a second story on the existing house. The main one is if the foundations are strong enough to support a second story. Even if you have approved plans. The best place to get your answers is to get suspended flooring expert in to give you advice. This company has a good reputation: http://www.echo.co.za/contact/contact-details They will give you prices as well. As for finance, well that depends on the bank or a home loan company, give one a call and ask. The estate agents usually have answers to all your questions.”
Regards,
Janek
Hi there, I would like more info. with regards to building a second story for a house I am interested in buying(first time) . I am a complete novice when it comes to building and the house in question is currently at 75m2 and it does have approved plans for the extension. Some question with regards to this project:
1. Would I be able to get finance for the house?
2. What would I be looking at per-m2?
3. Would I be able to put prefab concrete floor in?
4. What should I look out for?
5. Is there any person/contractor that might give me a quote before I purchase the particular property?
Regards Jean
Hi Fiona,
Encasing a servitude pipe in concrete is a solution that is often used when construction of some sort needs to be done over the pipe.
If you use an engineer to supervise and specify materials then you should have no problem.
You also need to check if the 2m servitude is registered on the site plans with Council.
We have a small cluster homeon 450m2 of land.
Would like to build a pool in the small backyard but we have a 2m
sewerage servitude that impairs things somewhat.
We have heard that if we get the pipe enclosed in concrete with an
engineer’s supervision we could utilise the space to pave on or build
on. Is this correct?
Thank you.
Prem, Everybody has access to the South African National Standards. Perhaps you are referring to the fact that there is a fee for them? However you can access them – and read them – no charge at any SABS library. So it really depends where you live.
The quickest way to resolve this matter is to contact your local authority planning department (i.e. the municipality, City or local council) and ask them to confirm that you were not required to submit plans for the pool. If they say they need plans, you will have to get a competent person to draw these quickly. A draughtsman will charge the lowest fee, but he/she will need to know the specs of the pool. If it is a factory-moulded fiberglass pool, get the specs from the manufacturer or contractor.
Dear Penny, Thank you for a very speed response,
As an oridinary person i will not have access to the SANS regulations, I thank you for the references,
However considering that i as an ordinary person, have built a pool , and have been told by the fibrepoolsa, the contractor that i did not need plans, i subsequently went ahead with the installation of a fibre glass pool, which is retain on two side, where the intersecting point meet, is the highest point which less than one mtrs. Retained with retaining block, approx 6 block high.
I have subsequently lost my job and the net effect, i have to sell my house.
Fortunatley i have a strike it luck buyer, and the sales agreement stipulate that i must confirm that all alteration and build work must be according to an approved plan or that there must be an intent to have it approved.
Right now i cannot afford to lose the sale , nor do i have the fund to resurrect this problem and execute the intent if so be it.
What are your thoughts on this issue, can you provide some advice.
Prem there are two national standards that pertain to swimming pools:
1. SANS 10209, The design and construction of private swimming pools
2. SANS 10134, The safeness of private swimming pools
The first one is probably the one you need to refer to. Unfortunately I don’t have immediate access to it.
Tania, Municipal requirements are detailed in the by-laws – not the building regulations. You will have to call the local authority planning department and ask them.
In terms of the National Building Regulations, a lapa and braai area will often be regarded as minor building work.
Hi
I have a query. I bought a sectional title townhouse about 8 years ago with a lapa and braai area. What are the regulations with regard to municipality requirements and such regarding this type of structure?
Thanks and regards
Tania
Please confirm what is the regulation for the installation of a pool with retaining wall less 1 mtrs.