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
I want to erect a balcony(2.5m width x 4m length) in a Sectional scheme. the flat does not have a view other than that of the building next door and nobody would actually be able to see the balcony other than the other flatlets in the sectional scheme as well as the apartment building next door – provided they hang out the window. the reason for the balcony would be to make a washing line as the scheme has sold off all the communal area where washing was previously hung.
Would council need to authorize the balcony? (PS: i will need to change a window into a door using the same size of course) Your help on the above is greatly appreciated.
City: Cape Town Metro – Building is NOT heritage or infringing on boundary walls…
I NEED TO MOVE MY BRAAI DO I NEED PERMISSION TO DO IT OR NOT
Only your local authority can answer this question.
Without the registration you are not a “competent person.” However if the carport qualifies as minor building work then you don’t need plans.
Swimming pools are not covered by the NBR … but rather by bylaws. But if you are changing an existing pools I really don’t think plans will be necessary. If you want to be certain contact the municipality and ask.
Hi i have a big marbelite swimming pool (11×15m).I want to make it smaller by building a wall in the middle and re marbelite the one side and then fill up the other end to plant grass.Do i need to get out a building inspector and do i need to get plans drawn up.Thanx herman(bloemfontein)
Please advise if I require plans to build a wall which is 1.8 meters high on fairly flat land. I reside in the Durban area.
Alternately please advise up to what height can you build a wall without plans.
I am not professionally registered as a technician or technologies but have the relevant experience working for a mechanical engineering consultant,What i would like to ask is if i am eligible to draw carport plan without any registration.
Hi
I have a stoep next to my house. It has walls all round. The one is the boundary wall. The walls and stoep are on my existing plans. The boundary wall is the street wall. I have a conner yard. The foundations is also on the drawings . It is shown as Prop Walls on the existing plans. Do I need plans or just approval to put a roof over it.
Regards Stephan
Sorry was browsing the comments to knowledge myself more about ‘Minor Building Works’ – My opinion on this situation ….i feel that irrespective if the carport falls under ‘Minor Building Works’ and does not require approved building plans according to SANS. You may require to submit plans for Municipal approval as the carport will definitely affect the ‘Town Planning scheme’ – F.A.R and Coverage.
Hi Marie, This all depends on the municipality, some do and some don’t consider it “minor building work”. Many municipalities base their rates on “covered area” so they will need any covered structure to be approved. You will have to give them a call to find out.
Hi Vanessa, I seems like you did not notify the council at the time that you had complied with the order. Mistake. What you can do is put it in writing and include a photo or two and personally take it to the council legal department and tell them that you complied 2 years ago and ask them to withdraw the charges. Please ask them what they mean by “section 4(1)” as this does not tell me what Part (A to XA) of the regulations they refer to.
Good day we have erected a tree hous for our son 2 years ago. We got a notice to take it down within 21 days from local inspector after neighbour lodge a complaint. We took it down well within the 21 days even cut down the tree. Now almost a year after we have received a summons in criminal case contravening section 4 (1) of the national building regulation. What are we to do please help!
HI
I’m currently busy with drawing plans of existing structures for council approval. We have the approved plans of the house from way back but additional buildings has not been approved yet.
There is a carport open on all sides that is over the building line, do we have to apply for a building line relaxation if it qualifies as a ‘minor building works’ structure?
The covered patio attached to the house has a concrete floor with two walls(openings at the top) and extends over the building line to the site boundary. does this patio area still qualify as a ‘minor building work’ structure? and is it also necessary to apply for building line relaxation?
Devan this does qualify as minor building work, but you are obliged to notify the council that you are doing the work. Perhaps you should contact them and make sure they don’t want plans. If they do (and it is their call) then you would have to supply “as built” plans. Indicate that you built the wall as a matter of urgency, for the reasons you have given here. There shouldn’t be a problem.
Unless the local authority decides that this is minor building work, they need plans to build a braai anywhere. Plus in most parts of SA neighbours’ consent is required to build against a boundary wall.
Probably not but you still need to contact the local authority and let them know what you are planning. Officially they need to approve the project
If you are worried about whether or not plans will be required ask the council. In any case you will need to get an okay from them to do the structure.
It probably does Sylvia, but contact your local authority. Even if it is classified as minor building work you technically need approval.
Yes Tanya you must – and you will, in all probability, require approved plans. There is a good chance they won’t allow you to attach a roof to your boundary wall unless you get a waiver signed by your neighbours.
You need to ask you local authority. Nothing we say will alter what they want
They DO NOT require plans – It is regarded as minor building work. Go in with guns blazing and tell them you know what the law requires. Good luck
I want to add a sloped roof at my entertainment area which is detached fr my house. It will be built in a corner, and attached to my boundary wall and a current existing wall (which will be the back wall) this is what i refer to when i mention corner. There is a braai area and brick floor in place already. No walls or doors will be added just a roof that is 7×3.5 and at its highest 3m’s and will slope. Gutter to be added and electrical/lights. Must i get permission for this?
hi
we are in the process of selling our home and relocating to the cape.
all plans are up to date (it was built in the 40’s).
however there is a carport (steel and corrugated roof – open all sides which measures 25 square metres) that isn’t on the plans. the buyer and his bank are refusing to grant the bond as they say we need council approved plans.
i am so devastated as we thought this process was almost over. what can we do?
I have a lean too tiled roof attached to the side of the bungalow on wooden poles it is not of good construction, this I want to replace with a thatch structure to allow more light into the room and give a more pleasing look to the building. Does this need approval.