Minor Building Works
What is “Minor Building Work”?
Whatever you construct on your property needs plans, unless it is defined as “minor building work”. Even so, the Act states very well 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 approval by your local authority’s building control officer before you can commence with any work.
As long as you make an application to get the proper approval 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 adhere to the regulations.
Temporary Buildings
Short-term structures also need permission from the local authority. This includes builders’ sheds, on-site toilets, and any other structure you may want to build (or be obliged to erect) for the building project.
The local authority will not give you the approval to build a temporary building until you give certain information, so they are able to evaluate it. At the very least they have to know:
• what the planned use and life span of the building will be
• the space in which it is to be built (in other words where you are intending to put it)
• the availability of proper materials from which it may be constructed
The Definition of “minor building work” in Terms of the Law
a ) the erection of poultry houses (hoenderhokke or chicken coops) that are no more than 10 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 10 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 metres 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 example, it is up to the building control officer to make this assessment.
How This Affects You
We have had quite a few inquiries relating to when and where plans are required. As you will see, there are some exceptions, but in the end, it is up to the local authority to determine whether or not you need plans.
It also makes sense that the structures defined as minor building work will all need to be fit for purpose. So you can’t say you are putting together 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: Plans & Minor Building Work, A Garden Structure
DO I NEED BUILDING PLANS TO CLOSE ONS SIDE OF MY EXISTING LAPA?
If you have a look at our post on “minor building work” it explains what is allowed. The regulations say: “an open-sided car, caravan or boat shelters or carports that do not exceed 40 square metres in size,” so you will need plans. It may cost a lot more at a later stage if you build without plans and permission first.
Good day
I would like to know if I can extend my existing carport. I live in Centurion and my existing carport is 12x 6 m. It was there when I moved in years ago and I see it is not on the house plans.I want to extend it by 10 m. Therefore in the end it will be 22x 6 m. Do you think I ill have a problem as the existing one is not on the plans and do you think I will be able to erect it with just asking for permissions. I need to urgently extend the carport due to the hail season. I am a woman and do not know all about this kind of stuff and i do not have alot of money to pay architects ect.
Hi Ian, This is unfortunately the way it is, any municipality has the right to demand plans if they want them even though the building regulations say that what you are building is “minor building work”. If you are concerned about the repercussions then you must go in person to the planning department that deals with your area with your address and erf number, and possibly a few photos of what is there at the moment, and speak to a senior planner and ask for the reason why they want plans for “minor building work”. Please let us know the outcome.
I managed to get hold of a building inspector who says that ANY changes to the current structure would require plans. all the contractors I have spoken to seem to agree with you (no plans needed up to 1.8m) but we live in a relative’s house (she is supportive and will fund the job) and she lives overseas. my only concern is the repercussions of doing this without plans…
Hi Ian, Up to 1.8m is allowed in Cape Town without plans and you should be OK as there is already a wall and, hopefully, this wall is on your plans. What they would normally require if there was no wall previously would be to inform them in writing, without plans, of the intention of erecting a wall.
We are looking at replacing a 1m high brick wall with a 1,8m pre cast wall in Cape Town. A builder told us we don’t need plans/ permission. Is that correct?
Hi Dayalan, Unfortunately the NHBRC only deals with new houses that are registered with them. They do not get involved with other building and alteration disputes. If the builder is registered with one of the reputable organisations such as the MBA (Master Builders Association) then you can contact them and complain. If it is a bakkie builder that did the work and he is not a registered builder then you can try and take him to court. Many people have been taken by “builders” who take cash and do a bad job. That is why it is always best to use a reputable builder even though it might cost a bit more.
Hi. I have spoken to the NHBRC and they will not help me with a builder who put in a new roof for me and the roof still leaks. This is my existing home that i did extensions/alterations on. Who can help me. Thanks, Dayalan Govender
Yes, please let us know the outcome so we can help others in the same situation.
Gee thanks again Janek! I really hope you right on this one as i assumed that the gent from the SABS which is apparently the guy in charge of stairways etc would know his stuff. He was very adamant that it would not apply to myself as my house is not used as a public area hmmm.
Let me give it another go Janek and i will keep you updated along the way. Thanks again
Hi Garth,
A bit more info in this post gives me more of an idea of what you are looking for and I think it is this.
In Regulations Part-M Stairways it says this, (and this is ALL stairways not only public);
“4.3 Prevention against falling
4.3.1 Any flight of steps which contains more than three risers shall have protection on both sides provided by a secure wall, screen, railing or balustrade which shall be not less than 1 m high and so erected that any such wall, screen, railing or balustrade in any occupancy classified as E2, E3, E4, H1, H2, H3, H4 or H5 shall not have any opening above the pitch line that permits the passage of a 100 mm diameter ball; provided that such protection in any occupancy that is not an occupancy classified as E2, E3, E4, H1, H2, H3, H4 or H5 shall consist of at least a handrail and one other rail midway between such handrail and the stair tread.”
H4 & H5 are domestic dwellings.
Hope this helps 🙂
Thanks Janek…i did explore that option but after speaking to the guys at SABS…sounds like it only applies to public areas and not residentual…thanks again! We have a gap of 300mm on two of the corners which a child cld easily fall thru.
Hi Garth,
Your first stop is to get hold of the Building Inspector at your local municipality. We have a list of all municipalities and contact numbers here: municipality-contact The section of the Building Regulations that deals with balustrades is Part-M Stairways as well as Public Safety Part-D. There is more on this here: stairways The other option you can use is the “Hello Peter” website: http://hellopeter.com/