Approved Plans For A House Missing – 5 Headings
The Implications of Selling a House Without Approved Plans
If you are selling your house, and don’t have approved plans, you could find yourself in a lot of trouble. And if you are buying a house, and don’t ask whether the seller has approved plans, you might end up inheriting some very expensive problems.
Legal Implications of Selling a House Without Approved Plans
Since the law requires everybody to have plans drawn up in a particular manner, and approved by the local authority in their area, it stands to reason that every house will have plans. But this is not always the case, and a lack of approved building plans is clearly a major problem for many people buying and selling houses and other buildings in all parts of South Africa.
Hardly a day goes by that we don’t get asked questions on this website that relate to issues concerning approved plans. Sometimes people only discover that there are no plans years after they have bought a property, either because they eventually want to do alterations, or because they want to sell. Other times people find at the point of sale that a house they are buying does not have plans, and they want to know whose responsibility it is to have plans drawn up retrospectively (“as built”).
The reality is that if alterations and additions have been carried out on a property without municipal (local authority) approval and the property is then sold, it can become quite a complex legal matter.
An article by STBB Smith Tabata Buchanan Boyes that we have referenced gives some clarity about the implications of selling a house without approved plans.
Are Building Plans and Building Approval Always Required for Houses?
As STBB explains, the National Building Regulations and Building Standards Act specifies the need for building plans and approval. More specifically, it is the local authority that governs exactly what can be done in terms of its zoning regulations and the NBR. So it is they that give approval (or deny it) for all building work and renovations on ALL properties. “Minor building work” is viewed differently and most municipalities will be more lenient when it comes to minor building work.
The Act states that the municipality, at its own discretion, may be approached for a relaxation of the necessity to obtain approval of plans. But note that this must be asked for and approval received in writing. Read our page on minor building work for more information.
How the Issue of “Voetstoets” Affects Building Approval and Plans
The agreement made between two parties when a property is sold will in most instances include a voetstoets clause. Essentially this clause indicates that the purchaser accepts the risk relating to defects existing at the time of the sale, patent or latent (but not visible). The exceptions to this clause are instances where the seller deliberately and fraudulently conceals latent defects from the purchaser, that he or she was aware of at the time – in which case the seller will remain liable for these defects. But of course, the purchaser will have to provide evidence that the seller knew what was wrong.
Note that the position is somewhat altered if the Consumer Protection Act applies to the agreement between the parties, e.g. where the seller is a developer.
Our law takes into account that any property with buildings erected without municipal approval is a property with a latent defect. The voetstoets clause will normally cover latent defects and a seller will not automatically attract liability if he sells a property with unauthorised building works. But if the seller knows that there are no plans and he organized and did the renovations himself, and he deliberately does not disclose this fact (with the intention to defraud the purchaser), the seller cannot hide behind the voetstoets clause.
Problems That Can Arise
The lack of approved plans could lead a municipality to refuse to allow any further renovations a purchaser might have had planned. In the worst-case scenario, the municipality could order that the illegally erected structure or additions be demolished.
A (latent or patent) defect that is of a significant nature, and affects the use and enjoyment of the property, does allow the purchaser certain remedies. The most far-reaching of these is the cancellation of the agreement, which he is entitled to do if the purchaser can prove that the defect is so serious that he would not have bought the property had he known this.
Other courses of action include the reduction in the purchase price or a claim for damages, depending on the seriousness of the defect and the specific circumstances involved.
In many cases, an offer to purchase a house will be dependent on the purchaser obtaining home-loan finance from a bank or other institution. And in most instances, (though not all), the financial institution will want to see up-to-date approved plans before finance will be granted. If the plans lodged with the council do not match the house as it stands, then the sale could fall through and set the seller’s plans back for quite a length of time, together with additional costs to rectify the problem.
The local authority is also entitled to levy fines on any “illegal” building work that was done without approval.
There is more on the “Voetstoets Clause” and the CPA (Consumer Protection Act) here: the-consumer-protection-act/the-cpa-the-voetstoets-clause
Can I owner build my own house in South Africa?
Owner Build Your Own House in South Africa: A Comp...
What is the money cost to build a 4 bedroom house in SA?
Building a house is a significant investment, and ...
Owner Builder 101: Tips And Tricks For A Successful Project
The Challenge of Owner Building This web site i...
The Value of Solar Panels in SA
Will Solar Panels Add Value to Your Home? As a ...
What are the best SABS 0400 standards on walls?
Regarding walls construction standards, a commonly...
Will SA’s Low Emission Energy Development Strategy for Net Zero Emissions by 2050 Succeed?
Illustration from South Africa’s Low Emission Deve...
Hi Peter, Thank you for reaching out with your query. The situation you’re facing is certainly complex but not uncommon, and I’ll do my best to clarify the issues and potential solutions for you.
Swimming Pool Approval
In Tshwane (and most municipalities in South Africa), swimming pools are considered structures and must be included in your approved building plans. The salesman from the pool company was mistaken, and unfortunately, it’s your responsibility as the homeowner to ensure compliance with local regulations. Failing to include the pool on your plans can lead to fines or complications when selling the property.
Driveway Issue
If the original development plan for your property included a driveway meant to provide access to your neighbor’s house, this may be classified as a servitude. A servitude grants specific rights over the use of your property for another person or entity. If this driveway was never constructed but remains on the approved plans, it could present a legal complication, as you’re now unable to comply with the original development requirements due to the pool installation.
Key steps to resolve this issue:
Consult a Town Planner or Architect: A qualified professional can guide you in submitting an application to amend the original servitude (if it still exists) or to have it officially removed if it’s no longer necessary.
Liaise with Tshwane Municipality: Explain the situation to the local planning department and ask if the servitude is still enforceable. Sometimes, these servitudes are outdated and no longer applicable.
Engage with Your Neighbour: If the driveway was intended to benefit your neighbor, check whether they actually need or use this access. If not, you may be able to work with them to remove or revise the servitude.
Potential Penalty
The penalty for not having the pool on your approved plans will depend on the municipality’s by-laws. In Tshwane, you might face a fine, and they could also require you to submit updated plans reflecting the pool. This could include penalties for late submission. The exact amount of the fine varies, so it’s best to ask the Tshwane building control office directly.
Can You Sell the Property?
Yes, you can still sell the property, but you’ll need to resolve these issues before transfer. If the pool is not on your approved plans or the servitude issue isn’t addressed, it will likely come up during the conveyancing process and cause delays. Prospective buyers may also hesitate if they know there are unresolved legal or compliance matters.
Recommended Actions:
Get Updated Plans: Engage with a registered architect or draughtsperson to update your plans, including the pool and any other changes to the property.
Clarify the Servitude: Work with your municipality and, if necessary, a property lawyer to resolve the driveway issue.
Stay Transparent: If you intend to sell the property before resolving these issues, disclose the situation to potential buyers. Concealing the problem could lead to legal disputes later.
By addressing these issues now, you’ll not only avoid fines but also ensure that your property is fully compliant and ready for resale in the future.
Hi Mariette, This is indeed a tricky situation, but there are steps you can take to address the issue. Here’s what you need to know and do:
1. Voetstoots Clause and Building Plans
In South Africa, the “voetstoots” clause means the property is sold “as is,” including any defects, visible or hidden. However, the clause does not excuse deliberate misrepresentation or nondisclosure by the seller.
Approved Building Plans: While the absence of approved building plans is not always seen as a “defect” in terms of the voetstoots clause, it is a legal requirement for all buildings to have municipal approval. If the seller or estate agent failed to disclose this, they may have acted negligently or in bad faith.
2. Who is Responsible?
Seller’s Responsibility: The seller is legally required to ensure the property complies with municipal bylaws, including having approved building plans. If they knowingly sold the property without plans and failed to disclose this, they could be held liable.
Estate Agent’s Role: Estate agents have a duty to act in good faith and disclose all material facts about the property to buyers. If the agent was aware of the lack of plans and did not disclose it, they may also be held accountable.
Conveyancer’s Role: While the conveyancing attorney facilitates the transfer of ownership, they typically rely on the sales agreement and do not verify the existence of approved building plans unless explicitly instructed. However, they are expected to advise you on legal implications.
3. Legal Recourse
You may have several options to address this issue:
a. Approach the Seller
Write a formal letter to the seller, pointing out that the lack of building plans was not disclosed during the sale and that this is a material issue. Request that they provide approved building plans or cover the costs of obtaining them.
b. File a Complaint with the Estate Agency Affairs Board (EAAB)
If the estate agent failed to disclose the absence of plans, you can file a complaint with the EAAB (now the Property Practitioners Regulatory Authority, PPRA). They regulate estate agents and can investigate cases of nondisclosure or unethical conduct.
c. Seek Legal Advice
Consult with a property lawyer to assess whether you can take legal action against the seller or estate agent for nondisclosure. Depending on the circumstances, you may be able to claim for the costs of obtaining building plans or other related expenses.
d. Contact the Local Municipality
Visit your municipality’s planning department to verify what plans exist for the property. If plans are missing or unapproved, you may need to submit “as-built” plans to legalize the property.
4. Ombudsman Options
Unfortunately, South Africa does not have a dedicated property ombudsman for this type of issue. However, you can seek assistance from:
PPRA for complaints against estate agents.
The Law Society of South Africa if you believe the conveyancing attorney acted negligently.
5. Steps to Resolve the Issue
If no approved plans exist, here’s what you’ll need to do:
Hire a Draughtsperson or Architect: They can create “as-built” plans of the property that reflect the current structure.
Submit the Plans to the Municipality: These must be reviewed and approved to ensure compliance with the National Building Regulations (SANS 10400).
Address Non-Compliant Structures: If any parts of the property do not comply with regulations, the municipality may require modifications or demolitions.
6. Prevention for Future Purchases
To avoid similar issues in the future:
Always request a copy of approved building plans before finalizing a property purchase.
Include a clause in the sales agreement that ensures the seller provides municipal-approved plans.
While the conveyancer is correct that the house was sold voetstoots, the seller and estate agent may still be held liable if there was nondisclosure or misrepresentation. Start by contacting the seller, then escalate to the PPRA if necessary. You can also consult a property lawyer to explore your legal options.
Let me know if you need further guidance! Good luck resolving this matter.
Are ‘as built plans’ strictly legal as regards building regs.I understand that at the expense of the builder/developer a structural engineers report has to be obtained 7 the engineer must be properly registered.
I live in a developement of 30+ plus timber cabins,which has been sectionalised in Sept 2018 without approved plans & no condenation from the local muni.None of the structures have been subject to full inspection by a structural engineer.As they are timber homes they should be built to the relevant SABS standard.For instance the supporting timber should not be in concrete – they all are.Also the walls should be constructed with sufficient fire stops.To confirm this the internal walls would have to be taken down.Thes cabins have been built since 2006.Can I report the muni to the Public Protector,or which government department handles complaints against municipilities.Thanks John
Good day
We in the process of a new built duet. On the plans an excess gate is indicated. Now the developer tells me they wont be installing the excess gate and are putting precast walls on the sides instead. When i refered them to the plans the estate agent said its part of the municipality plans. Pls advice me because i feel they were misleading and should have expkain to me clearly. Thanks in advance.
Nadia, “As Built” is just a term used when you submit plans for a building that is already built. The cost of the plans will be the same. There might be a penalty from the coucil for “Late Submission” of plans.
Hi Jakes, I think that you have a problem and need to get legal help. It seems like there are violations all down the line from the submission of plans in the beginning that were not approved to FNB financing (approving a bond) a property without checking that the house has up-to-date approved plans. It would appear that you have a claim against all parties for this. Check with your transferring attorney and take it further with another lawyer. I suggest that you lay a complaint with the estate agency board because I believe estate agents have a duty to check and supply approved plans with any house that they offer for sale. Please update us how this turn out.
Hi
I bought my house in Octobet 2015 from a real estate agent and got finance from FNB.
I now want to extend and want to do it the right way.
I went to my local munisipality to get my house plans. After looking in the file of the erf NO plans could be found for my portion. After talking to the estate agent and attorneys whom did the whole transaction they just said its impossible because there has to be approved plans. Eventually I got hold of the previous owner he was also the developer of this property.
The plans he submitted in 2009 June was rejected in September 2009. But as I can collect he started building before the plans was approved. The original plan was then collected in February 2010 i assume to be revised. But as it sits now the house does not have aprroved plans nor can the original plan be found.
I spoke with the previous owner advising him about this and his comment was how can I pay taxes and water and lights if the house wasnt legally built.
Please advise what my next steps shoul be.
Thank you
Hi,I had alterations done to my house in Centurion.The plans are approved by Tshwane.A once reputable pool company (P) installed a pool at my house and the salesman told me there is no need to have it on your plans in Tshwane.Now I was told that it def has to be and I could get fined.I then tried to update my approved drawings but to my surprise there were supposed to be a driveway through my yard to my neighbours house.The developers didn’t build it that way and so the pool plans cannot be approved.What penalty am I looking at?Can I ever sell this house?
Hi Patrick, If the house as it is now is different to the original plans and no updater to those plans was ever submitted then the plans have to be updated. Who pays for them is up for negotiations between you and the buyer. I do not understand what you mean by the “1935 draught”. If the buyer needs a bond to buy the house then it is the bank that wants approved plans before approving any bond on the house.
I did not know that the house I sold was rebuilt on the inside thus changing the floor plan. The buyer asked for a floor plan and I produced the plan that was registered at Mogale Municipality’.
This plan is unlike the present structure. The offer to purchase did not state that I must submit Approved Plans. It asked for a floor plan.
I have already discounted the price with R160 000 as I had a long list of Bad Non Paying Tenants.I am not willing to have Approved Plans drawn up and have suggested that the buyers Cancel the OTP if they are not happy with the 1935 draught which was handed to them.
The alternative to cancellation of OTP is for them to continue with the process but their Attorney is advising them to put pressure on me to draw up APPROVED plans. What now?
Hi I bought a property cash and now I found out there are no plans for the property. The conveying lawyer tells me it’s my problem as the house was sold voets toots. There must be an ombudsman as no one mentioned the approved building plans in the selling contract. Surely the onus is on the estate agent or the seller to be honest about this. Is there anywhere or anyone I can contact to help me legally? Thank yoi
I suggest you delay your transfer citing that the seller needs to comply with that clause until you have in writing from the municipality that all is in order. And don’t let the transfer go through until the seller has complied with anything that the municipality says needs to be done because once transfer has happened they won’t do it and you can’t easily make them do it.,
Also, R88000 sounds very steep to retroactively produce plans. I paid about R5000 plus R1500 runner’s fees for the same thing in a similar situation. Find the right architect and keep it simple. I must admit I then had to pay R5700 for new sectional plans so also budget for that.
Hi Sihile, You can ask for them upfront and they are obliged to give them to you. If they cannot supply you with “APPROVED” plans then walk away as you might have costs including penalties later on that you do not want.
Hi Jackie, There are some local councils that do not require plans for “Minor Building” and this includes carports, lapas and swimming pools in some cases. I suggest that you contact your local authority and ask them what their specific requirements are for each of the three separately and then depending on their answer you will know how to proceed.
Hi Hanna, I am afraid to say that there is no way around this and the municipality has the right to ask for plans. You might ask for legal advice and see if your complex could get a class action against the local authority for loss/damage to your plans. My question is surely they had insurance that covered fire damage and should have been paid out for the loss of all the plans.
I have a unit in a sectional title complex in Pretoria. The complex was built in the late 70’s early 80’s. Over the years, some owners altered / extended their units without local authority approval (it now seems). A recent event spooked the Trustees and they are now in the process of looking at ways to legalise these alterations/extensions. One of the requirements is to submit the original building plans. But no current owner has such a set. The destruction of public records in the Munitoria fire of 1997 does not make it easy. Are there copies available somewhere? Having that will save the owners R88 000 in architect fees.
Hi There,
We are in the process of the transfer being finalised. The current owner supplied approved plans, however the pool, lapa and carport are not reflected. Is it advisable to continue with the transfer before the approval is granted on the condition that the Seller is liable to get the plans redrafted and submitted to the relevant body for approval? This clause was included in the OTP
Hi
I would like to know how to check for updated House plans if you buying a house cash.when
To ask for them before or after I sign offer to purchase.house is in Pietermaritzburg kzn
The boundary walls don’t necessarily have to be on the plans – but the boundary and building lines must be. In terms of the National Building Regulations, plans are not required for walls up to 1,8 m high.
You have to get a competent person to draw “as built” plans.
I would say it’s the developer’s responsibility. You should have insisted on getting copies of the approved plans when you bought. Now you may have to prove that the developer built a garage that was not on the plans – and you may have to do this through legal channels.
I bought a house directly from the developer in a new sectional title complex. I now want to sell the house, 10 years later, only to find that the garage is not on the building plans. I did not do any building after buying the house, only put up a Louvre Deck (for which I was told I do not need plans). The garage was supposed to be part of the original plans. Whose responsibility is it to fix this mess?
Hi,
Please can you help me with what the process would be for submitting plans after alterations were made?
Many thanks,
Jacques
Hi, we have put an offer in for a house, of which the seller says the boundary walls are not reflected on the municipal plans. Who is responsible for updating this? Is this expensive?
You can submit “as built” plans to council.
Not that I am aware of, but since it’s your business you should find out. I do know that many people have problems getting plans for municipalities that simply lose plans! So they have to get them redrawn “as built”.
I would report the agent to the Estate Agents Board for being obstructive! Demand the plans because there may be more than just two carports that are not on the plans!
If you don’t have plans and the council has lost their copies, you could try a previous owner or the original architect. Otherwise you would have to have “built as” plans drawn up.
You should be able to obtain the title deeds. The plan will then be drawn from these.
This is the kind of thing that you need to get in writing. Plus, you should have asked for a copy of the plans. If you can prove that this is what you were told you can try litigation.
If your offer required these to be supplied. Otherwise you will have to fight about it. You could also go to council and see if they have plans. I personally believe the law should be changed to make it mandatory for all sellers to supply plans.
The question is did the owner state in writing he/she would supply updated plans? Certainly the offer to purchase, if accepted, is legally binding. There may though be clauses relating to the bond – in terms of time and other conditions (including the need for updated house plans). If you really want the house you should probably negotiate with SA Home Loans and undertake to update the plans yourself. I’m guessing that 1) the seller doesn’t want to incur costs of new plans and 2) is afraid it might delay the sale unnecessarily. Just one other thing, if I were you I would have a look at the plans as they stand (if you haven’t already). Perhaps there are other issues e.g. other additions or extensions that haven’t been included on the plans.
Good morning, is it legal to cancel an OTP if the seller does not have house plans?
Sounds like you were being bullied. I would report the agent to the Board of Estate Agents.
I do hope you sorted this problem out. If the house was enrolled with the NHBRC perhaps they can give you the name of the builder – who should have plans. Absa probably didn’t have plans – they wouldn’t usually. The only place that SHOULD have plans is the municipality. Voetstoets does NOT give him the right to sell an illegal property.
No.
If you have those subject clauses you should be okay.
This is quite a common problem and the only solution I can think of is to have “as built” plans drawn up.
There must be a local authority for the area? Only they would know.
Was there a building already on the property when you bought it? And if you have erected a “structure” you should have had plans to do this. Sounds like a bit of a mess to me.
We put in an offer to purchase on a house that didnt have updated house plans, they build an extra granny flat on and a structure over a pool. We were approved for the loan with SA homeloans subject to the owners supplying the updated house plans. The owner is now not willing to get the updated plans, what is ourlegal right as surely the offer to purchase is a legal binding document? the owner cant decide not to sell to us because he isnt willing to update the house plans? we even offered to pay for the updated plans. Should he give us the option to update the plans and still buy the house or can he pull away from the sale as he is hoping a “cash buyer” will come along and buy the house as is?
Hi we bought a house and enquired before the purchase if all extensions were on plan at municipality and was told they were. Now a year later the extensions roof is failing and it’s clear the extension was not built according to approved plan. Is there any way to keep previous owner or anyone else liable for the costs of redoing the roof?
Hi there
We have purchased property – had bond finance approved etc etc. We have now erected a structure on our erf and have had to obtain the existing plans of the property – upon which the local municipality informed us that they do not have it (as it is too old????) and had requested it from the State Archives – who in turn do not have it either. Therefore, our residential property currently has NO PLANS. What would the procedure be to obtain these?
i would like to know about how to approve a house plans which are going to be build in rural and stands are not registered or no records of the stand?
i would like to know about how to get house plan approced if the stand is at rural area because most of the stand you might find that are not register or no records of the stand?
The municipality has lost our building plans.
we have inherited a house and need to get a copy of the plans but the municipality cant find them (only site plan).
how do I proceed to get plans (finances are an issue).
I have put an offer to purchase in on a house in Durban. Currently the property is being subdivided and the house I am buying has no plans. my offer to purchase is subject to approved subdivision and approved plans.
I have been told since that the seller’s may not even legally advertise the sale of this property. Is this correct? Is my decision wise and safe or am I potentially in for a nasty surprise?
Hi Penny,
We in the process of selling our house, went to the municipality to get copies of our houses plans, was told that they no longer have them , they seem to have lost them. What do I do if the buyer insists on the house plans.
Hi Penny
Kindly advise if a home owner is required by the National Building Regulations Act to provide approved building plans to the new buyer, if this was not a specification in the Offer to Purchase?
Hi there … so is there new legislation pertaining to Conveyancers,Buyers,Estate Agents requesting Copies of Building plans or As built plans to be processed? I draw plans in the Cape town Surrounding and seem to be getting more and more requests from Sellers to rectify Property Structures or submitt As Built plans .. Just as a Matter of interest so i may guide my Clients more efficiently with regards this Subject.thanks
I’m purchasing a property and my offer has been accepted. I forgot to put condition for the seller to give me the approved building plan but told the agent and the transferring Attorneys who relayed the message to the seller. The seller went to the municipality offices but there was no plan for the property. It is the only building on the stand/ERF. He bought the property at an auction as it was repossessed by ABSA. The NHBRC has confirmed it was enrolled before being built. Should I accept it to be transferred to my name before the approved plan is provided? Is Absa not supposed to have the plan since they financed it’s construction? Where else could a copy be obtained? What if the seller doesn’t want to counter sign the addendum to force him to provide it? Does voetstoots give him a right to sell an illegal property and what are my rights?
My house in Roodepoort has a nice 4m x 4m Wendy house on stilts, including bath, toilet and hand basin.I’ve put my house up for dale and buyer has been told by bank to get plans and occupation certificate for the wendy house.
Wendy house was there when I bought – OK so I thought – so how do I go about getting plans and relevant certificate and how long should it take. Will it have to be removed?
We bought a house in Somerset -West ” voetstoots” Before signing contract we asked sales agent for house plans – assuming that we asked approved house plans, She gave us a copy of a piece of yhe plan. We asked for the full plan after signing the offer to purchase & received a plan drawn up in 1985 without alterations. We received also a drawing of street gates that were recently erected. At the municipality are no renovation plans & attorneys want us to sign for purchase without recently approved plans. What are our rights? We are told we did not specify on offer to purchase that we want “approved” building plans. We were put under a wrong impression that everthing is in place. Please advice!
I’m in the proses of buying my first house. Registration has not been finalised. We would like to see the bulding plans, because we are concerned that two carports are not on the bulding plans. The agent is saying that it’s not in the original offering to purchase therefore it’s not the seller’s responsibility to supply us with the original plans. We will like to find out what we can do? Please
I agree, it’s very unfair.
You need approved plans to be able to build and only the municipality will be able to tell you whether you can run a business from your house.
Of course – but the owner might not oblige unless he/she is sure you are a serious buyer.
The NHBRC warranty is valid for five years so that’s where you need to go.
The local authority or a previous owner. If they don’t have them you have a problem.
Hi PJ, Wow, what a question, all municipalities seem to have their own way and timeline of handling plan submissions. Cape Town seem to me to be one of the better ones and you can see their process in our article here: https://sans10400.org.za/house-plan-submissions/
A buyer message on Social Media. What to do in this case? : As jul n huis in George koop maak asb seker by die munisipaliteit dat alle aanbouings op plan en goedgekeur is. Ek het n huis in Denneoord in 2012 gekoop. Verlede jaar verkoop. Daar word toe n bedrag geld van my teruggehou. Afdak. Motorhuis in wstel verander en wendy wat nie op plan was nie. Die vorige eienaar F. Coetzee het 2 briewe van die munisipaliteit (in my besit) gekry….let wel. In 2006 en 2011 wat hom aanbeveel om alles op plan te kry. Nie gedoen nie. Verkoop die huis aan my. Koopkontrak se alles is op plan en goedgekeur. Geteken deur agent en eienaar. Nou hou die prokureur my geld terug totdat ek als op plan en goedgekeur het. Hoe onregverdig is dit nie.? Prokureur en agente het weggestap met hul vet komissie en betaling nie hul werk gedoen nie. Eienaar met sy geld vir die huis en ek met n groot hap uit my sak. Prokureurs se dis nie hul plig om om toe sien dat als op plan is nie en agent trek hul skouers op! Maak dus seker voor jul huiskoop asb.
where can I find lost building plans for a house in the midrand area?
If you buy a house and it is stopped because owners need to draw up new plans due to buildings that are not on the plans. What is the flow of the process and how long can it take till approval
we bought a House 2014, the house is falling now, we managed to get the PLAN now, but it has the NHBRC number and Tshwane stamp, but now the stamp is cancelled, soo how is the plan get an approval stamp then gets cancelled after selling the house. please help.
If you see a house you want to buy can you ask for the house plans
hi Penny,
I want to add cottages on top of garages and maids cottage to rent it out and I was told that roodepoort town plan will not approve the plan because the house and the garage are separated. can I register my house as a business?
hi my building plans burned down with munitoria now i need to get new plans, and get it approved with a electic, plumbing and engineer certificate to get a occipation certificate. all at my cost its going to cost me about 30 000 rand, so who is taking the financial punishment for the building burning down…………………ME
SEEMS UNFAIR
Hi Penny,
I’m in a similar situation but the difference we renovated the main bathroom and kitchen which could be seen as “Minor Building Work” from what I understand.
We sold the property a year ago but a while back the new owners finally received a plan from CoJ and apparently plans were last updated 1985 and it seems the building was altered extensively since then.
When we bought the property we have tried numerous times to acquire the plans from the Estate Agent and CoJ but with no success. We have since relocated overseas so it is difficult managing this at the moment.
Do you have any suggestions what to do?
Contact the Tshwane local authority and report the matter.
Technically they could fine you, but you’ve got a good argument in terms of changes made a long time ago. There is nothing that states you have to obtain plans when buying a house, though it’s a good idea. In fact we believe that it should be mandatory for estate agents to provide these when they are selling.
I have just asked my local authority for the building plans for my home, and apparently they are dated 1930 and have never been changed since then. The person I spoke said that this could cause me problems. I have not changed the structure of the house since I moved in, except for building an outdoor braai. But I’m sure it has been changed since it was built, clearly without approval. I don’t actually want to make any alterations right now. Is it true that the local authority can fine me or charge me with something?
Also, I have never heard that it was required upon buying a house that one obtain the plans. I bought the house in 2001.
I would like to know what can happen to a person how do extentions to their houses with out plans or notify planning dept
In Centurion it happen to be the case .the two houses 1 in BLUE JAY 36 – and 1 in KRAANVOEL 45 ROOIHUISKRAAL these 2 house belong to one owner and he is renting out the bachelors plus minus 9 units and make some good money. As far as we know their is no plans for the extentions and modifications to these houses
I would like the planning dept to investigate and do something about it
I do not have a nr and do not know who to contact regarding this matter.
Yes – but there is nothing that can force the seller to comply. It’s a matter of negotiation… One of the biggest problems is local authorities “losing” plans.
Yes you must because the roof trusses will probably have to be changed due to extra weight. You can only change the roof covering if it is the same as on on the original plans – i.e. you upgrade.
As the owners, you are liable now and the only thing you can do is have as-built plans drawn up.
Not much unless you sue him – or send a lawyer’s letter making demands – e.g. pay for damage. The secret is to ensure that before you hire someone to do building work for you to make sure they are reputable and know what they are doing.
TJ it’s not clear whether it is only the tiles on the roof or the structure itself that is different. However, in the past – and sometimes now – banks don’t bother with plans when they mortgage houses. You might though have a problem if you decide to sell, because more and more are now calling for plans as well as NHBRC certificates (which won’t affect you). Knocking out internal walls and putting in windows shouldn’t be a problem as long as the extent of the house wasn’t altered and the walls weren’t load bearing. It’s not clear what you used unregistered electricians and plumbers for; generally as long as the basic system was signed off by professionals you should be alright… and of course as long as it has been done properly. Your options are to continue as is – the fact that the house is so old might play out in your favour; or to have as-built plans drawn up. The latter might be your only choice if you decide to sell.
Your local authority should have copies.
Where could I find plans for my house?
Is there a repository where I could go to?
Hi, I looked up my 1960’s building plans (home in Blairgowrie) to check if the out-building was on plan.
I discovered the main house was not built strictly to plan. The tile roof structure differs. It looks totally sound. It wasn’t altered and the bank financed the house. Do I have a problem ?
Also, regards the outbuilding. It was a garage-domestic living space.
It has sewage pipe and water and was used for accommodation.
I’ve knocked out (interior) walls, put in interior walls and windows without plans. I also used unregistered electricians and plumbers.
Do you have suggestions for me on that…? Do I have to get plans and pay rates for an additional dwelling ?
Thanks,
TJ
a so-called builder is extending 3-rooms. he put on the roof within +-5-hours. the roof was very skew and not applied as it was requested or discussed between the 2-parties. he spoiled the image of the house and also damaged the building material in the way how he constructed the 3-rooms and the roof
what can be done in this case?
Kindly please help. We bought a house 2 years ago and now want to sell. The previous owner says he thinks the plans to extensions were passed but doesn’t remember through who or what. We went to council and the lapa is built over a council drain and there are no approved plans for the lapa or the extensions to the house. Please could you tell me legally what we can do about this and how can we rectify this?
If they don’t have plans, chances are they haven’t declared the building to SARS either. You can report it to SARS and to the local authority.
Correct!
If you supmid as build plans it still have to be approved. If build not in accordens with sans10400 it cant be approved
Hi,
If i want to change my roof from a flat,IBR covering to concrete tiles Tuscan style do I need to submit plans?
Can you rent an office space you have built on your property that has no plans out….is this legal….surely SARS will question this for the company that is renting the office that technically and legally does not exist as it has been built without plans???
can a purchaser demand that the seller have new plans drawn up if they cannot find the original plans at council, before registration takes place ?
How much does “as build” plans cost to be drawn up?
Hi Steven, What do you mean “as built”? In the housing industry “as built” plans are plans that are submitted to council if there were no approved plans for a building lodged with them. Or if the owner or builder deviated from the plans that were approved and a new set of rider “as built” plans have to be submitted. This happens a lot with people doing renovations without submitting plans and later when they want to sell the buyer, if he has any sense, should ask to see the plans and if the house and layout are not the same as the approved plans then new “as built” plans must be submitted and approved.
How convinient is “as built” plan approved and what average cost? (multiple costs)
Have “as built” plans drawn up and submit these.
Only if the extension is over the building line or in contravention of the National Building Regulations. I would contact the planning department of your local authority and ask them to investigate.
Only if the extension is over the building line or in contravention of the National Building Regulations. I would contact the planning department of your local authority and ask them to investigate.
My neighbour erected a sunroom (size of a bedroom) on an existing slab of concrete that was initially built (open) as a braai area.
I was never asked if it would encroach on my privacy next door. Do I as a neighbour have no say in building extensions next to my house?
I recently bought a property from a insolvent estate with a incomplete building at the back. I only recently found out that there are no plans drawn up for this building. What is the best way to solve this?
Thank you
Yes, maybe and yes!
Contact the planning department of your local authority – Tshwane Municipality. Don’t give your name – or tell them you want to remain anonymous.
I would like to know how I can report my neighbour in Centurion for making alterations to his house without approval. I would like to report it anonymously. Could you tell me how to go about it? Thanks.
if you change your roof pier angle do you need plans do you need plans for an awning. and do you need plans for building another room onto an out building