Plans & Minor Building Work
You Don’t Need Plans for Minor Building Work … But you DO Need Permission to Build
Anything you build on your property needs plans unless it is defined as “minor building work”. However, the Act states very clearly in Part A: General Principles and Requirements (this was previously Part A: Administration), that any structural building work that is defined as “minor building work” requires authorization by your local authority’s building control officer before you can commence with any work. As long as you have made an application and have received the necessary permission from the local authority, you DO NOT NEED PLANS. But the law is also very clear in terms of compliance with the regulations; minor building work must comply with the regulations.
Temporary Buildings
Temporary buildings also need authorization by the local authority. This includes builders’ sheds, on-site toilets, and any other structure you might want to erect (or be obliged to erect) for the construction project.
The local authority will not give you permission to erect a temporary building until you provide certain information, and they are able to assess it. At the very least they need to know:
- what the intended use and life of the building will be
- the area in which it is to be erected (in other words where you are planning to put it)
- the availability of suitable materials from which it may be constructed
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The Definition of “minor building work” in Terms of the Law
a) the erection of:
- poultry houses (hoender hokke or chicken coups) that are no more than ten square metres in size,
- aviaries that are no bigger than 20 square metres,
- solid fuel stores (for storing wood, coal, anthracite or similar) that are no more than ten square metres in area and no higher than two metres,
- tool sheds that are smaller than ten square metres,
- children’s playhouses that are no more than five square metres,
- cycle sheds no more than five square metres,
- greenhouses that are a maximum of 15 square metres,
- open-sided car, caravan or boat shelters or carports that do not exceed 40 square metres in size,
- any freestanding wall built with masonry, concrete, steel, aluminium, or timber or any wire fence that does not exceed 1,8 m in height at any point above ground level and does not retain soil,
- any pergola,
- private swimming pool (although most local authorities do insist on plans),
- change room at a private swimming pool not exceeding 10 sq m in area.
b) the replacement of a roof (or part of a roof) with the same or similar materials,
c) the conversion of a door into a window, or a window into a door, without increasing the width of the opening,
d) the making of an opening in a wall that doesn’t affect the structural safety of the building concerned,
e) the partitioning or enlarging of any room by the erection or demolition of an internal wall, as long as it doesn’t affect the structural safety of the building,
f) the section of any solar water heater not exceeding six square metres in area on any roof; or 12 square metres if the water heater is erected elsewhere,
g) the erection of any building that the local council doesn’t believe plans are necessary for.
In the last instance, it is up to the building control officer to make this decision.
How This Affects You
We have had numerous queries on this site in terms of when and where plans are required. As you will see, there are a few exceptions, but ultimately it is up to the local authority to decide whether or not you need plans.
It also stands to reason that the structures defined as minor building work will all need to be fit for purpose. So you can’t say you are building an aviary (which can be 20 square metres in area), and then build a brick building with windows, suitable for human habitation!
Read more about this here: A Garden Structure
Good day
Is there a document describing the national building regulations for
wendy houses?
Regards.
Good Afternoon
Please could you provide information the SNS 10400 with regards paving
regulations.
We have a neighbouring property (Residential 1 Business zoning in
2008) in residential area of Bramley, Johannesburg.
They have flattened entire garden area (large acre property) in order
to do paving and do “landscape treatment” and eventual carports for
over 100 cars. When questioned about the legality of this they insist
that there is only paving taking place, no building, and as such do
not need to have Building Plans or council approval.
What are the requirements or legal status for demolishing, leveling
and paving of large area?
We do have pictures of development taking place should you wish to
see.
Many thanks in advance
Chet Diepraam
The reason this has now been bought up is becasue they have sold off some of the property to a developer who is building below my unit and in doing so disturbed the bank, and the bank is now sliding, I have requested a retaining wall be built at BC expense as it is Common property and they say no plans no fix – it is my problem.
To whom it may concern.
Please advise how to go about in order to get permission from the
municipality for minor building work to be done on a residential
premises.
Is there a formal form that needs to be submitted or does one simply
have to write a letter requesting permission?
Kind regards
Body Corporate rules and regs are exactly that – theirs. While they have an obligation to adhere to the NBR these are minimum rules. Further, while this might be perceived by your local authority to be minor building work, the body corporate may have other requirements – though if you originally had verbal permission you could try and dispute this. Have you queried why their attitude has changed? Maybe someone without the correct knowledge of the local authority requirements gave the verbal permission?
I had verbal permission from a Body Corporate to erect a Sundeck –
about 2.5x3m. Now 4 years later they are requesting plans – is this
necessary. it is off my verandah.
Thank you so much, Penny. This really helps. 🙂
Great website and forum – I am very ignorant with regards to building regulations etc, and this forum has cleared up a lot for me last night.
I am planning to both research and write a LOT about boundary walls, because they cause a lot of grief! We are constantly getting queries related to similar issues. In the meantime let’s see how I can help you.
OWNERSHIP
In terms of wall “ownership”, usually people claim it is theirs rather than the other way around. But the principles are the same. If a wall is on your property obviously it is yours – especially if you erected it. But in the absence of proof that a boundary wall is entirely on your property, then it becomes a party wall – which means that it is presumed to be half on one property and half on the other. You could check these by having the property surveyed.
To complicate the issue though, some municipalities say that where there is a “party” wall, each side is owned by the property owner on that side, and the two parties share the servitude of support. Other municipalities say that a party wall is owned jointly by the two property owners.
Where there is a so-called party wall, neither party may do anything to the wall without the consent of the other party. If a party wall is destroyed by an act of God (which I presume would be the case in your instance, since it has collapsed) either owner has the right to rebuilt it, but each “owner” is obliged to contribute to the repair – as well as to the maintenance of the structure.
Both parties have the right to alter or improve there side of the structure.
So two things here: 1) you could check exactly where the boundary pegs are located (or should be located)-if these are not indicated on the plans you already have, then you can get a site plan of the area from the Surveyor General’s office in Pretoria (I’m not sure what the procedure is, but phone them and ask); 2) you can check with your local authority to see what their policy is.
Since you say you want to determine the boundary line – basically all plots are surveyed when a subdivision is done – and the pegs are inserted at each corner. Most times these are removed once the plot has been developed. You will need to get a qualified surveyor to check according to the Surveyor General’s drawings. Diagram numbers should also be on the title deeds.
PLANS
The National Building Regulations and Building Standards Act states that “any freestanding wall built with masonry, concrete, steel, aluminum, or timber or any wire fence that does not exceed 1,8 m in height at any point above ground level and does not retain soil,” is minor building work (CLICK on the link to read more). So the issue here is that if the wall is higher than 1,8 m then you needed approved plans for the wall – which it sounds like you have. Further, these would need to be drawn by a competent person (CLICK on the link to read more) who would need to “sign off” the structure (certificate). If you read the link you will see that a competent person does not necessarily need to be an engineer. It simply needs to be someone qualified in the built environment industry.
NEIGHBOUR’S DEMANDS
I don’t believe they have any right to demand to see your plans. If the wall is on your property; you have approved plans; and you have built according to these plans … then you are in the clear. Even if it’s on the boundary, you should be fine.
If you can prove that the original retaining wall was a “party wall”, then you can claim 50% of the costs from them – but you’d have to get a lawyer involved.
I hope that helps.
Hi Penny
We just bought a house with a collapsed retaining wall (between us and the neighbors), it has been left like that for about two years already. The neighbors have said that this wall is not theirs and they will not pay to fix the fallen retaining blocks since it is our property’s wall ( not sure how a boundary wall can only be ONE neighbors responsibility). We took it upon ourselves to fix this wall, but instead of doing retaining, we decided to build a proper steel foundation solid wall on the actual boundary within our side.I got the plans from the municipality and saw that the precast wall was not erected on the lots boundary line. The builder informed us that we do not need an engineer signing off on the wall because it is not more than 3m high. A municipality building inspector has also visited our property twice and informed us that we were not allowed to put any sort of weep holes or anything that will let our rain water drain onto our neighbors property. But he said as long as we put it on our plans we can proceed because he knows of this problem and it needs to be fixed. We are replacing the drains and pipes that were in our lawn and obviously blocked to lead the storm water to the road. Now my question to you is, have we followed the correct procedure here with regards to our wall? We are updating our plans to include this wall on it. Also we have spoken to the neighbors before the building had commenced and have told them that some of the plants will have to be removed since its right on the boundary line. Now that the plants are removed we are worried that the wall might be over the boundary a little and we don’t want the neighbors to be more fussy and demanding as what they’ve already been. How can I determine my exact line of boundary to show them that I am still within my own property? They are demanding to see OUR plans and have someone look at it and want to know if it was approved. I’m just in disbelief about the audacity since I know it is within my property and does not concern them AND since I am carrying the cost of this wall alone. D they have a foot to stand on to make these demands?
Thank you
Tersia, I really haven’t come to grips with this lot either, but looking at the new SANS it seems to me that garages are excluded.
Hi Penny,
What I meant was the SANS energy & fenestration calculations, I was wondering if a simple plan for a double garage would require the calculations submitted as it isnt a dwelling space.
Thanks,
Tersia
Hi Tersia, I am not sure what you mean by “SANS calculations”? All structures must be built according to SANS 10400. Other SANS must also be adhered to.
Hi Penny,
Im still getting my head around all the new building regs,
Do we need to do the SANS calculations for a new double garage?
(as its not a dwelling space)
Thanks
Its quite frustrating because you are right. But the Local authorities need to assess an application and how can they do that without a plan?
We even need to get a structural engineer to sign for a carport and a solar geyser even though the regulations say that a solar geyser less then 5M squared is a minor building work.
So there arent hassles when you put it in but when you do further alterations then you have problems.
Windows are another issue the regulations say you dont need plans to change windows as long as you are not going smaller but what about XA?
So you change your timber windows to aluminium then you do major alterations and the plans cant be approved because the original plans show timber windows but you have replaced them with aluminium and the energy calculations are way over sans 204. Plans wont be approved unless you change all the glazing.
So after a R3000 rand fine – from AMAFA because you changed the windows without heritage approval You now have to add film to your windows for energy efficiency pay for an engineer for an existing solar geyser and remove the carport that you put up without plans because it is over a servitude and the council wont approve anything over a servitude.
My advice get plans in the first place
Fanie, if you look at what is regarded as minor building work, in terms of the legislation, a 4 m x 3 m cabin doesn’t figure. You will definitely need plans unless your local council says it isn’t necessary – which is very unlikely.
Hi Penny
I would like to build a 4mx3m wooden cabin on my property do i need plans for it
ur help will be great thank you
The local authorities have the right to impose additional regulations. i.e. They have the right to over-ride the NBR which are MINIMUM standards. But not the other way around. What part of the business are you involved in?
I know what the regulations say and I am not arguing with you.
Unfortunately the local authorities dont all interpret the regulations the way you do.
Our LA regards any awning that is built without a plan as an illegal building.
It is becoming more and more difficult to get bigger plans approved because of structures that have been built previously without approved plans.
As a professional it can be quite frustrating when a client tells you that they didnt know they were supposed to have plans.
Nikki, the building regulations (legislation – not the deemed to satisfy rules) state very clearly that when “minor building works” are in keeping with the definition given in the Act (as specified in the article above), they do NOT need plans. Part A of the Act states though that, “An application shall be made to the building control officer to erect any building defined as minor building work or to carry out any work falling within the ambit of such definition, and any such erection or work shall not be commenced before such authorization has been granted.” THIS IS THE LAW.
Awnings are not specified as minor building work in the Act, although they would qualify if they were part of an “open-sided car, caravan or boat shelters or carports that do not exceed 40 square metres in size”, in which case plans would definitely not be required. In addition, you need to note that where the local council “doesn’t believe plans are necessary”, usually because they consider the structure to be minor building work, plans won’t be necessary either – though permission from council WILL still be required to make the structure legal. I am sure that some (many) municipalities/councils regard awnings in this category.
Its a structure you need a plan even though its minor building works .
A lot of awning companies tell you that you dont but you do.
I think it does. But strictly speaking, as stated in my article about minor building, you still need to notify you local authority of your intentions. So if anyone is likely to object, give them a call before you start work.
Hi, I want to build a back verandah, basically a roof extending off the exiting roof to create a shaded area directly behind my house. This will be used for outdoor entertainment and will be open to the elements on two sides – the remaining two side encompass the main house and the garage. Does this qualify as minor building?
I think you need the help of a qualified builder. There is no available building regulation “on a boundary wall between two neighbors”. There are too many variables. The National Building Regulations simply give the minimum requirements for the construction of walls per se. But when it comes to storm water drainage, you need the assistance of a QUALIFIED AND REGISTERED PLUMBER. Otherwise the wall is likely to collapse again. BTW if you want the building regs you will need to purchase them from the SABS. They are available online. Several apply to walls including Part H: Foundations, and Part K: Walls.
Can you please send me the building regulations on a boundary wall between two neighbours. I need to build a collapsed wall but want to do it according to the regulations. I also want to require about the storm water drainage holes in a boundary wall. Your help will be much appreciated.