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 approved 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
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.
Good day
We want to sell our house. We have not added to it since we bought it, however, the house plans were lost in a fire where it was stored at the municipality. Will we need to hand in new plans (so expensive) for us to be able to sell the house. (Even though we were not responsible for loosing it.
Good day
We want to sell our house. We havent added anything. However it does not have house plans due to a fire at the place where plans were stored in the municipality. Can we sell the house without handing in plans(which we were not responsible for loosing)
WHY DO I GET A BILL FOR ELECTRICITY WATER SEWERAGE AND REFUSE I UNDERSTAND THE RATES IMRESPONSIBLE FOR
I BOUGHT A PLOT IN FEBRUARY THIS YEAR THERE ISNT A HOUSE YET ITS AT THE MOMENT ONLY A PIECE OF LAND
Hi I’m very interested in buying a very old house that was built with corrugated iron that was built in 1925 and adding value it has no plans and on one boundary nearly against the boundary wall
My concern is can the council force me to submit plans or have it demolished
It really is cute and we have fell in love with it
Best Regards
Wayne Sutton
We are in the process of transfering a house and as part of the conditions we asked for approved builing plans. Only after receiving them we noted that they were not aligned to the current AS-IS builld. The seller has submitted new plans yesterday, but the convenancy attorneys want to proceed without awaiting for the plans first to be approved. What risk do we have if they proceed and is it legal for them to do so?
Good evening, my neighbor has built flats or rooms that lean onto my garage, when it rains the water seeps through and floods in my garage. The flats he has built have no plans for them plus the 21 flats are linked to the main house in his yard. The water and electricity is breached and there is no COC for the property. He collects rental income and pays no taxes, the municipality is aware of this but have done nothing. The police he pays off as he moves along, what can I do?
Hi we bought vacant unserviced land in south coast hibberdene kzn. We are not ready to build as yet we have an architect drawing the plans. But we would to put a Wendy house so in 8 months time when we start building we are on the land. Do I need to hand in plans for Wendy house as it a temporary structure. Thank you
Hi I am in the process of buying a home, the bond is subject to submission of building plans, the estate agent however says it could take 3 months for the seller to obtain plans and thus I should seek a bond at another bank. I am worried the plans that will be brought forward at the time of transfer will be outdated, what should I do?
My husband and I are looking to buy a house. The house we love doesn’t have up to date plans. The only plans from the house are from 1978 and since then there have been many Renos on the house. the sale for the house it Voetstoets. Owner will take no responsibility for paying for any extra costs. As far as I know there are only a couple small illegal things that are wrong with the house. i.e bedroom window going into garage, main bedroom has no window and part of the house had been built over a watering pipe. No property lines have been cross.
But with this said how much more or less would it cost to have an architect come out to redraw the plan and submit it to the council? Many thanks
I am also caught up in a situation where i am buying a plot and the house has no plan. The bond was granted subject to the approved plan being submitted to the bank. The onwer knew there were no plans in place because his response was the house was built before the approval of plans was a requirement. Now he is saying he has no money to pay for the plans. Should the bank withdrwa the bond, who is liable for the attorney costs and agent commossion? Please advise.
Hi Penny
I am in the middle of buying a house. I have signed the OTP and never stipulated that I wanted the house plans. I have paid the deposit and conveyancers fees. The property is not yet registered . In the past three weeks I requested for the plans from the agent and conveyancers . I was told that should I need those plans I must go to municipality myself to obtain them which I did and I could not get the plans from the municipality. They referred me to the regional offices in Roodepoort , still there were no plans. The conveyancer says the house is voetstoot so I can not request plans from the seller since that was not mentioned on the OTP. I had told the bond registration not to release the money first as I’m still following up on the house plans. I also sent the financial institution that is financing my bond an email to ask how was the bond approved without house plans. It’s been 2 weeks now without a reply from them. I know that an OTP is a legal binding document but since the property is not yet registered in my name what are my rights? My fear is loosing the deposit that I have paid to the conveyers as he says I will still have to pay the agent commission. Please advice what are my right at this stage. From the structure I can see that the house was extended.
Dear Sirs
I congratulate for your interesting web site….. I would like to ask you a question that I did not saw in the site and it is related to the following: I am 74 years old and me and my wife we intent to reduce our expenses and increase our income by renting our big house and build a granny-Flat at the back of the large yard. I would like to build something that does not requires authorization from Municipality , that means to build something like Wendy-house but manufactured with isowall panels and I have the impression that it is not considered as permanent building. Of course, I will need the sewerage connection in any case and that can’t do without approval.
What do you recommend in terms of municipal approval ?
Thanks for your support
Jorge
Jay
The windows of my three bedroom house are North facing, making them very warm in the winter seson. Now, a neighbour on the North side has started extending his buildings by building a very high wall that makes up the new garage and room he is building. Now all fo my rooms, including the living room, are in constant shadows making them cold. I have told the neighbour, who is building these without a written approval from me, to reduce the height of the wall but he pretends not to understands and says it’s his wife who wanted the building in that form. What steps can I take to remedy the situation? We live in Atteridgeville, Tshwane Metro.
We build a nutec cottage at the back of our yard without a building plan. What do we do now? Dont want to sell the house but hoe do we get the plan approved?
Hi, I am in the process of making an offer on a house and the seller’s estate agent has informed me that the the seller had purchased the house without plans and therefore he is selling the house without plans.
I have asked the estate agent if there are approved plans for the property with the Council and, if so, to obtain a copy for me.
Are there any other remedies available to me?
Hi I’m a seller I just want to know how long does it take to get my the plan and a penalty from the council because it’s been 8 months now and the buyers wants to move in I’m afraid they will cancel
Hi
I’ve bought a house in st francis bay and the municipality is doing inspections on all the properties and fines are being fished out of there are defaults in the property.
So we have the plans that are approved so we called the local architect in to have the pool drawen in.
He has now said we need a land surveyor in to check the foundations, and has said the property is 70mm over the building line restrictions.
We now have to have new plans drawn up and do foundation checks and re submit to the municipality asking for a weaver in the house being 70mm over the building line .
Should this kind of stuff not have been inspected and monitored in construction of the house 30+ years ago?
Please advise what steps could be taken
hi
i’m currently in a process of buying a house, the process is stuck because the seller doesn’t have approved building plans for the improvements he made on the house. i just want to check what my options are in this situation because i’m keen on the house but its been two months now and there’s no movement from the attorneys because the seller hasn’t submitted the building plans
Hi
I am currently in a situation where we have paid the bond registration amount, it is on hold currently because things are not in place, and today I found out when the engineer came to do his inspection, that some features of the house is not on the house plans and need to be removed because it is in conflict with the boundary walls as set out by the Municipality. What can we do if this was not disclosed to us by the Estate Agent at the time of offer to purchase? She is highly upset that I sought a third party for advise and requested the third party to contact her and try to find a resolution. She was asked why she did not secure the house plans before putting the house up for sale, and she got very offended and refuses to be my agent now. She has threatened to contact the Estate Agency Affairs Board and report my third party person, which is unfair and has no merit in my eyes. I have a meeting tomorrow and don’t know what to say or expect as I have no experience. I am the purchaser. Additionally I am currently sitting with my power cut off because the owner of the house is R96 000 in debt by the Municipality, which we also didn’t know about. Any advice?
Hi
Is possible to make plan after building
I am interested in a property that its garage is built on the boundary without plans. Obtaining a plan is not a problem, What is the remedial action that can be done for building on the boundary other than pulling down the wall, can the municipality allow that approval be sought to build where the wall has been built? The property is the 1st and the wall is where the 2nd house Boundry joins each other, there are no pipes running there. Kindly advise.
My son bought a house in Woodstock and he has the original plans but it has had alterations and additions done by the previous owner. Is it the obligation of the agent to point these changes out?? He now has a house that if he wants to sell one day – that he has no approved plans of these changes etc. – will he be liable for the approval of such alterations or can he still claim from the previous seller or even the agent?? This is his first house so he was not aware of these requirements and I feel the agent and seller should have pointed this out to him!! What are the legal implications here at this stage?
I have worse manucipality where I live my plan was submitted and I waited for plan for 4 years not no I start building a house because I was sick and tired of waiting for them but now I concern what will happend but this abuse of power they have over us is sick because it seems like for your things to work right you must pay someone
Good Day my wife and I purchased a property in 2015, we now in 2019 and need to extend the property and do alterations to the building and we been to the Municipality for a copy of the house plans and they checked and told us that there was no plans for our house with them. We contacted the previous owner and he said he does not have a copy and all plans were submitted to the municipality.
What should I do , as I have a house without plans and require them to do my building extensions?
Please help?
Thanks,
Keshen Singh
We bought a house from the son (stays in Aus for 16 yrs already) of the owner (parents passed away 3 yrs ago) that inherited the house, there is plan of the house inside and I noticed no approval stamp on them so we requested the approved plans via his attorney and they said thy will get them but they sale was going on. We are now owners for almost 2 yrs and we still didn’t get the approved plans, have requested in again. Can we sue him for any issues or approval of the plans that was in the house at the time? We went to council and at council is only this one not approved plan they don’t have any other plans for this old house. Please help
I bought a house cash in 2016 and when i went to the municipality there was no plan the house is over 60 years old and cannot just be renovated or altered before the heraldic or some association approve what doI do?
Can you please give me some advise, in 2015 we bought a 21 Ha farm in leeuwfontein, it was a bank repossessed property, the previous owner who defaulted was busy with subdivisions on the farm, at the time when we bought the farm, we got a call from an assessor from the bank, to do a valuation on the property, he still called and asked there are two sets of plans at the municipality and which portion are we buying, I told him we are buying the whole 21Ha, so at that time there were plans at the municipality, now 4 years later, we want to do some alterations at home, hired a runner to go to Tshwane offices to get me our house plans, only to be told they dont’ have any plans for our erf??? What are we to do from here?/
Hi
i made a mistake and erected a building without the drawing up the plan i wasnt aware that i needed to do that before building, and the municipality fine me and advised that i should submit the plan and i had too many issues with the person who was drawing up a plan and its been a year now and i just found somebody else to start with the process, but on the letter they sent it stated that im going to be liable to pay a fine or i might face imprisoment
question is im still in the process of getting the plan submitted, can they really send me to jail for not having that plan or how much is the fine if i were to pay the fine ?
Good day, I have a signed Offer To Purchase and the bank needs Approved Building Plans for bond to be registered. The seller has failed to provide the Approved Building plans untill now since the agreement established in Jan 2019. I wrote notice for seller to rectify he failed and have noticed that I canecell agreement. The conveyencer refuses to refund my R200 000 deposit and stated that the seller does not accept my cancellation. Please advise
Hi, we are in the process of buying a freehold townhouse. int the OTP we stated that we wanted approved plans given to us by 18 may 2019. Not the Seller or the municipality could find plans so the seller appointed an architect to draw an “as is” plan for the house. The plan was submitted (cost for the seller) but the municipality deferred the house plans, saying that a complex site plan should be attached to the submission. Nobody has a site plan. The developers have since moved away as the complex was built 15 years ago. What would the cost be of drawing up a site plan for the complex. Its run by a Home Owners Association. Or should we just cancel the deal?
We bought a house, recently built by the owner/seller. After moving in we asked for the building plans and found out that he built the house on existing foundation without plans (previous house burned down).
Now there is also a problem with the roof structure due to poor workmanship.
What is our course of action?
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 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?
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