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 Penny,
I live in Sandton and have a flat roof house. I would like to put a deck on it so we can enjoy the view. We will probably construct external stairs to get to the deck.
It will have some outdoor furniture and some large umbrellas on it. Do I need to get planning approval?
Many thanks
Angus
Anything that is to be used for habitable accommodation needs plans. He will also need plans for the septic tank.
Hi!
Materials for a an additional building on a smallholding were delivered to site in a container.
The owner of the container went into insolvency, and sold the container to the landowner who now wants to convert it into an accommodation room for his onsite labour.
How does this factor in with plan submissions etc.
There will be running water supplied and ablutions with its own septic tank system.
thanks
Louis, Unfortunately the conversation with the building inspector becomes a “he said” without any proof. However, if the new carport structure does not exceed 40 square metres in size, it is “minor building work” in terms of the law. You say “The Authority” is fining him. If you mean the local authority, I suggest he points out that this is minor building work rather than an illegal structure. I am not sure what right of appeal he has – but I personally wouldn’t pay the fine. If they were to take him to court he can argue that it is is minor building work and present his case in terms of what building inspector told him. He can say that because it was minor building work, he assumed that everything was in order. I don’t know who “the building control officer” is or the “new building control body”. As I said before, the local authority controls building.
Hi Penny,
Thanks for quick response.
Let me explain my situation. My client, bought a dwelling with a existing steel net carport structure. We did some additions to the building(September 2011 and was approved by Local Authority). The client did gave us existing approved drawings to work from and the drawings didn’t indicate the carport structure. The carport was build in 2003. When we went to the site to do the measurements, we discovered that the carport was on site. As mentioned by our client, while he was constructing the new additions, he ask the building inspector if its okay to rebuild the carport with other material because the existing shade net structure is full of rust and not applicable to the environment. The building inspector gave him permission to do so, without handing him a letter for it’s approval of the council. He used a structural engineer as well to do it legally. This all happened without anything mentioned to our office.
After the new wooden carport structure has been erected, he came to us, to do the as-built drawings and have his plans approved. So that he can have approved plans that also shows the new carport.
The Authority is giving him a fine now, because of his illegal structure, but the building inspector as well as the building control officer that gave him permission to do so, is not with the Municipality anymore. The new building control body said that its a illegal structure and needs to be fined. How do I work from here?
Louis I think you are confused. Every local authority has a town planning department and they are the people who give approval. One and the same. As we explain in the article on minor building works, open sided structures of a certain side – including carports – do not require plans. However sometimes the local authority does call for plans (the town planning people)… it is their prerogative. You need, in any case, to notify the local authority if you plan to build a carport, so you will soon find out if they require plans or not. If plans are called for you will need a competent person to draw them.
Shade net on its own is not a structure – it is a type of material that is normally used to provide shade over a carport or patio. A structure is something that has been built or constructed – so any type of carport, with or without shade netting, a solid roof or whatever, is a structure.
Hi,
Can you help me with the following.
A net carport shading, is this a structure that needs a component person to draw up the plans? Does it classify as a structure? I read in a case study that a net shading does not classify as a structure and only needs permission or approval from town planning. Accept where the Local Authority ask for it otherwise.
If it is not a structure and does not need any approval from the building control department, can you please send me a reference where I can use it as proof.
First of all the Building Regulations do not have any bearing on legislation (or bylaws) that relate to rentals. Secondly, it is very unlikely that asbestos has been used – it’s a no-no in this day and age. Perhaps it is fibre-cement sheeting. Thirdly what is the question? If what is legal? If you mean separating the house with something like sheeting for privacy, and it’s not a permanent fixture, I don’t think there should be a problem. If it is a solid wall there should be plans. But since you are “busy with a court case” I suggest you consult your legal team.
Hi John,
Nope we do not do quotes or any contract work. We do not supply names of contractors either, you will have to use the yellow pages. You can contact the building centre Tel: 021 510 4000 in Ysterplaat.
John we are not in the building business and do not fix, paint or clean roofs. Sorry.
Hi, do you do quotes as well. I need an estimate on a roof fix, pain and clean. I live in Ruyterewacht close to Goodwood. thank you
Hi, I would like to know what the law states about garden flats being rented out and the building regulations. We are currently renting a garden flat which is separated from the main house with a thin
asbestos wall and we are busy with a court case, thus we would like to know if it is legal. Please contact us.
Theo, Either you or your building contractor must be registered with the NHBRC or you must apply for an exemption. I am not sure about lets, but generally their proviso is that if you “owner build” you can’t sell for five years. And yes, if you don’t have an exemption than can issue a fine and take legal action against you. Generally it’s not worth it.
Good Evening,
I have an existing house with two flat lets on it .Rezoned to res 3. I have approved building and site development plans to build an additional 4 bachelor flats on the premises. Must I work through the NHBRC to build the flats and if I do not can they stop me in doing so.
Thankyou
Anri you can try SACAP. Their contact details are on their website.
Where can I get a list of people that can draw up plans for extension of current buildings?
Thanks Penny, have taken it up with the local authority and they require plans
Andre it depends on the area to be covered and the attitude of the local authority. Thing is you need a properly designed roof structure to support the sheeting.
Dean I suggest you give them a call and ask them. I have no idea.
Hi,
Does one need approval when adding IBR sheeting over an existing stoep / pergola structure?
I wants to do some alterasions to my current home .. Is there a fee payebale to the municipality and more or less what are the rates
Thanks so much for the response.
Tracy the local authority may consider this minor building work, in which case you won’t need plans. Only they will be able to answer your question.
Hi,
I own a full title property in a complex in the Kempton Park area. There is a double hollywood garage and the back of the garage is obviously open. My tenants have asked if I could brick up the back and put in a door, due to security reasons.
Do I require plans for this or just permission from Ekurhuleni? And how do I go about obtaining permission?
Thanks
Tracy
The fact that it is “standalone” is irrelevant. You need to be sure that the rafters meet the specs. Look at our page on roofing. You can use the tables to see if what you have meets the specs for a tiled roof. If not you will need to have the structure altered – which case the council may require plans.