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
Sally, 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 regarded as minor building work in terms of the National Building Regulations, and does not require plans. However in terms of the legislation, you are obliged to notify the local authority of the work you intend to do. If you are going to extend it higher than 1,8 m, they might require plans. It’s their prerogative.
Hi Penny, I would like to extend the height of my boundary wall with either palisade steel panels or precast panels. Will I require a plan for this? Thank you.
Nadiya, You say you won’t be breaking down “any other walls” so this probably IS minor building work.
If so, then I suggest you outline the work you intend to do and submit this to your local authority. They should have some sort of a form you can fill in.
In more general terms, if changes don’t involve load-bearing walls then you probably wouldn’t need plans. For instance, there might be a wall that you could bash out to make extra space. But if this WAS a load-bearing wall, you would need input from an architect, possibly even an engineer – and you definitely would need plans. The existing plans will show which are load bering walls and which aren’t. If the alterations don’t change the usage of the areas involved you also probably wouldn’t need plans. But if the end result involves a total reconfiguration, you’d be advised to submit a rider plan anyway – simply so that you are covered when/if you decide to sell the property.
I hope this helps.
When in doubt contact your local authority. At the end of the day they have the final say.
Please advise:
We would like to extend our kitchen, living room and study – by making use of lots of wasted space (large open areas)… how would we need to approach something like this:
1. would I need to have an architect draw up plans for approval by the municipality?
2. do we only need permission to do minor building work?
we will not be breaking down any other walls
Hilda if the structure is open sided and smaller than the area specified in the regs then no. If you are in fact going to enclose it – e.g. with glass or some sort of wall – then yes you will.
We have a braai area next to our back wall. We are planning to enclose the area with a pergola. Would we need to get approval to do this?
The new fenestration regs apply to all parts of the house including additions to an old house. Your local authority MAY not require plans, but you should check with them because you will effectively be changing the function of this space – and function is an important part of the National Building Regulations. Contractors often tell people that approval isn’t required, because it is a hassle for them. My guess is that this will be regarded as minor building work, but that you will be required to submit a rider plan showing the new doors and windows. It’s as well to make sure because otherwise if you decide to sell at a later stage, there may be objections that hold up the sale.
The planning department of your local authority.
I have an existing patio (it is part of my house, on my plans, has a built in braai, connects to my house on the one side with a glass sliding door, has same ceiling as the rest of my house and ‘shares’ the roof) and I wish to enclose it with aluminium&glass folding and sliding doors, do I need council approval and do I need plans? I’m not changing the structure – just putting in sliding doors/windows. I’m not even planning on taking out the existing sliding door to the rest of my house.
Would the new fenestration regulations apply to this part of the house?
All the contractors who gave me quotes said that I don’t need approval, but I’m not so sure…
What do I need to do before I start to extend my cottage e.g. One
front unit wall? Minor building work. Who do I contact to come and
inspect the cottage to be extended
It is minor building work Chris – see the article HERE.
I’d like to know if a structure of 4 poles with a shade-net roof is considered a structure – even a temporary one or a minor alteration.
Such a construction could easily be used as a car port but it is not permanently enclosed in any way – merely tensioned between the posts.
Chris
In a nutshell – you may only erect a temporary structure for a specified period of time (because it is temporary) – e.g. builder’s sheds for construction sites. Thereafter you must demolish them. If you want to use this type of structure permanently, you need approved plans.
Senta this qualifies as minor building work (see the link). So you put a roof on the pergola but you do need to notify the council that your going to do this.
We have an existing pergola which is situated in a u-shaped courtyard. We’re considering covering this with a roof and the area is approximately 28sqm. What regulations would apply in this instance?
Many thanks
A friend of mine want to erect some temporary, pre-fabricated school
buildings.
What is the rules and regulations regarding temporary school
buildings?
Thanks
Chris
First of all, if the seller says the structure is not “registered”, get clarification. He/she probably means that it was built without plans. The problem with this is twofold: 1) If you are getting a bond, the bondholder is likely to insist on plans. 2) If you decide to resell the house, the buyer is likely to insist on plans. The “issue” regarding “foundations” isn’t necessarily an issue.
In general, a pole structure might be regarded as minor building work, but it isn’t defined as such in the regulations. See the link for a full description of minor building work. If it isn’t, then there should be plans for the structure, otherwise it’s an illegal structure.
In terms of foundations, pole structures generally have foundation footings – i.e. They dig a deep-enough hole (depending on the weight the structure has to carry) for each upright and sink that into concrete. In this instance, if there is a floor slab, that won’t be what is carrying the weight. So a paved floor is fine – providing the foundation footings are adequate. The other option that people sometimes use for pole structures like patio pergolas, are post anchor supports. These are usually made of mild steel, and have a hefty metal peg that gets anchored in concrete in a foundation footing. But it wouldn’t be suitable for what you have described. The “new” regulations have various new references to pole structures and thatched roofs, but I don’t know off-hand what they say in terms of foundations (specifically minimum dimensions). A fairly straightforward open-sided carport (defined as minor building work), with a solid tin or fiberglass roof, built with either wooden or metal posts, would require foundation footings that were at least 600 mm x 600 mm square, and 600 mm deep.
If I were you I would make my offer to purchase dependent on the current owner obtaining approved plans from the local authority for the structure. If they can’t get plans passed, the structure might have to be demolished.
I hope this helps.
We are looking at buying a property but in the backyard there is quite a sizable building which they refer to as a lapa. The building how ever is completely bricked up with windows and a sliding door with a thatch roof. The seller has said that it is not registered and that we would have to get it registered.
What concerns me is that this building is not on a foundation but has been built on the current paving.
It’s is quite a sizable building, I’m not good at estimating a size but It is bigger than the master bedroom in the house and has electricity.
In corners of the inside of the building are round wooden poles of the same poles holding from the roof into the ground, the same as the poles in the thatch roof and what you commonly see in a thatched roof.
Is this building legal? When is a foundation a requirement?
Hi Heide,
Yes I can point you in the right direction. Please have a look on my other site, there is an article about, and guidelines for What is Minor Building Work. I hope you will find this helpful.
To whom it may concern,
I would like ot build in a braai on my patio and would like to know if
there are any specific regulations with regard to this? Please can you
point me in the right direction?
Hi Sunet,
The Local Authorities might vary in their requirements. It depends where you are in the country, some might need a form filled in while others need only a letter but some will need both. The best thing is to contact your local Planning Department and tell them what work you intend doing and ask what they need.
Hi Cheryl,
Site Excavations and Stability issues are covered under Part G of the National Building Regulations and is generally accepted that any excavation related to any building work that is carried out on a site, and if those excavations may impair the stability of any property, the owner of the site must take adequate preventive measures to ensure that the safety and stability of those properties or services is conserved. If they have disturbed the bank causing it to slide then it would seem that they have to put that right. You must contact your local Planning Department and request that they send an inspector to the site to make a ruling.
Hi Chet,
Garden paving is not covered as such in the Building Regulations so plans are not needed. But there are definitely Regulations when it comes to excavations, demolition and carports. You can contact your local council and speak to the Planning Department and find out what they recommend.
Hi Shanley,
Yes there is reference made to “wendy houses”. There is more info on our page “Minor Building Work“.
There is also reference to this type of structure on our sister website ownerbuilding.co.za, here is the page “Build A Treehouse“.