Are your plans approved and ready for a sale?

Are your plans approved and ready for a sale?

Category Expert Insight

The Property Practitioner Act 22 of 2019 came into effect on 1 February 2022. According to this act you could find yourself in trouble if you are a seller and do not have approved plans for your property, says Karel le Roux, Architectural Professional and owner of Lifestyle Architecture.

Also, if you are buying a house and do not check whether the seller has approved plans, you might end up inheriting some very expensive problems, warns Le Roux.

Since it is a legal requirement to have plans drawn up and obtain approval by the Local Authority in the area, it is logic to assume that properties will have plans. However, that is not always the case - especially when it comes to alterations and renovations. A lack of approved building plans can stand in your way of selling your house since banks become more and more persistent on approved plans that correspond fully with the house before bond approval can commence.

In order to ensure that you possess approved building plans rather than just a plan for selling or purchasing, Seeff Plattekloof asked Karl the folllowing questions:

Who approves the plans?

The plans need to be approved by the Local Authority (municipality). The National Building Regulations state that you need to have approved plans for any structures that you attend to occupy.

Where do you apply for the plans?

A copy of the existing plans of the property can be obtained from council. However, the council is under no legal obligation to have a copy of the plans. 

What if there are no plans?

If such is the case, the current owner must have plans drawn up at own cost.

What if there were alterations made to the house. Must the plans be redrawn?

You need to contact the Local Authority to obtain the existing plans of your property to determine if there are approved plans for that alteration, if there are no plans, that area needs to be measured up and redrawn.

What if the alterations were made before you bought the house and you don't know about it?

That is unfortunate, but you are still liable for the plans.

If alterations have be done, what needs to be on the plan?

The plans for any alteration need to have at least a site plan, floor plan, sections, elevations, and specifications.

If your property is a sectional title, do you also need the plans and where can they be obtained?

Yes, you do need plans and they can be obtained by the HOA of Local Authority.

As a buyer, do you need to ask the plans from the seller?

Yes, I will recommend that you ask for it as soon as possible, to see if everything is on the plans and are approved, so that you do not inherit any problems.

Can you ask for the plans before you put an offer in?

Definitely. Enquire about them before signing any OTP (Offer to Purchase).

How would you know the plans are approved?

The plans must obtain a stamp from the Local Authority with the plan number, approval number and date.

If the plan and changes were approved before the act, is it still legal?

When you can provide approved plans for structures that are on the premises it will be valid, no matter when it was done.

The problem with unapproved alterations

Non-compliant alterations may be deemed illegal in accordance with building regulations. If they are not legally approved, they would need to be altered or modified to comply with the latest building regulations, before the plans can be authorized.Here are some of the issues that Karel deals with on a regular basis and the legal requirements: 

An undercover patio that was converted into an enclosed room

The minimum height for an undercover patio from the floor to the underside of the roof is 2.1m and if it is converted into an enclosed room, the minimum ceiling height needs to be 2.4m.

Lapas

A 20 sq.m roof area has to be at least 1m from the boundary. A lapa larger than 20 sq.m must be at least 4.5m from the boundary.

Boundary walls

The maximum allowed height of a boundary wall facing the street is 2m and the sides and rear 2.4m.

Granny flat

If the granny flat has a kitchen with a stove, it is a second dwelling. A third dwelling is also allowed on a property without rezoning - however, the second and third dwelling may not be larger than the main dwelling.

Shade ports

Building regulations states you do not need plans for a shade port, but the COCT bylaws say you do.

Chimneys

Chimneys should be at least 1.5m away from any boundary.

Wendy houses

A wendy house should be at least 1m from any boundary and can only be used for storage.

The property practitioners at Seeff Plattekloof, in collaboration with Karel Le Roux, are available to provide guidance on whether new building plans need to be drafted and if illegal alterations can be modified to meet building regulations. They can assist you in navigating these matters effectively.

Contact Seeff Plattekloof at (021) 2023380

Contact Karel Le Roux at 072 446 5054.

Author: 8761