No building may be erected without the required designs being submitted to and approved by the local authority, according to the National Building Regulations and Building Standards Act, 103 of 1977. So, it makes sense that every home or building will have a set of plans, but this isn’t always the case though, and occasionally people don’t find out there weren’t any plans for their home until years later, when they wish to sell their home or make changes to it.
As a result, getting your property’s structures authorized has grown to be a major concern and, frequently, a problem for many South Africans purchasing and selling property. While purchasing property is thrilling, if there is a problem with the building plans during the transfer process of the deal, it may be stressful for all parties involved.
Your local authority must approve each building plan. Before making a decision, the local authority will consider a number of factors, such as the development’s possible effects on the local environment, zoning and land rights, and heritage significance, among others.
If the local authority does not approve of any structure, it is within their rights, and at the expense of the owner, to order the building, or part thereof, to be demolished.
Although it is not legally required that building plans be recent and hand delivered at the time of transfer, many banks now demand approved building plans as part of the Purchaser’s bond grant approval, particularly in cases where the property has undergone additions or renovations. This makes it a suspensive condition of the offer to purchase that must be satisfied before the property can be transferred.
Building plans should be inspected to determine whether all of the alterations on the property are incorporated on the approved plans.
Building plans can be requested from the Local Authority if they have been lost. It’s noteworthy to mention that occasionally Council is not in possession of any approved building plans for the property. In these instances unnecessary delays can be avoided by hiring an architect early on in the process to handle the drafting of updated plans and presenting them to council for approval.
Resolve Potential Problems in Your Transfer Process before the arise
It should be a rather straightforward process to sell your house but it’s important to keep in mind that the seller’s responsibilities extend much beyond merely accepting the offer to buy and leaving the property. Owners who extend or renovate their property without the required approval risk significant consequences because the building, or a portion of it, may be ordered to be demolished by the local authorities. This can, of course, be quite upsetting for the owner and expensive as well. It is advantageous for the seller to have approved building plans because it could be construed as a misrepresentation if a property is sold with unauthorized renovations.