When buying or selling a property, one issue that frequently surfaces and can derail the transaction is whether the structures on the property have been approved by the local municipality. While most assume that every home or building has a set of sanctioned architectural plans, this is not always the case. In fact, many property owners only discover the absence of approved plans years later, usually during the sale process or when attempting to carry out renovations.
Under South African law, specifically the National Building Regulations and Building Standards Act, 103 of 1977, no construction may legally begin unless the building plans have been reviewed and authorised by the relevant local authority. This applies to both new structures and any substantial modifications or additions to existing ones.
Approval by the Municipality: More Than Just a Formality
Before granting approval, the municipality will assess a range of factors, including:
- Zoning regulations and land use rights
- Environmental impact and heritage considerations
- Proximity to boundaries or public infrastructure
If a structure is found to be non-compliant, the municipality is empowered to issue a demolition order, at the property owner’s cost. This risk highlights the importance of ensuring all improvements and alterations are properly regularised before entering into any sale agreement.
Do You Need Approved Building Plans to Sell a Property?
There is no statutory requirement for sellers to provide updated building plans at the point of transfer. However, many financial institutions now require approved plans as part of the bond approval process, especially where there are visible additions or non-standard structures on the property. In such cases, the bond approval is often subject to a suspensive condition, meaning the sale cannot proceed until the condition is met.
As a result, missing or outdated building plans can cause unexpected delays, frustration, or even the cancellation of the sale. For buyers, it may raise concerns about whether the property was altered in line with safety standards and legal requirements.
How to Check for and Obtain Building Plans
It’s wise to request and review your property’s approved building plans before listing it for sale. This ensures that:
- All additions and modifications are reflected on the plans;
- There is no misrepresentation regarding the legal status of the property;
- Any issues can be proactively addressed.
If you no longer have the original plans, you can apply to the local municipality to obtain a copy. However, it’s worth noting that municipalities are not always in possession of these documents especially for older properties. If plans are missing or incomplete, it is advisable to engage a registered architect to prepare accurate plans and submit them for approval.
Sellers: Be Proactive to Avoid Legal Risks
While it may seem like a routine transaction, selling property involves more than accepting an offer and handing over the keys. If a seller has made structural changes without the necessary permissions, they may face serious consequences including fines or demolition orders. Furthermore, selling a property with unauthorised improvements may be considered a misrepresentation, which could expose the seller to legal claims.
Addressing these issues before entering into an agreement of sale helps ensure a smoother transfer process and reduces the risk of disputes or delays.
Conclusion
Ensuring that your property has approved building plans is a critical part of responsible ownership and an essential step when preparing to sell. Not only does it safeguard against legal consequences, but it also gives both the buyer and financial institutions the assurance that the property complies with municipal regulations.
If you are planning to sell or purchase property and need assistance navigating building compliance or title transfer procedures, consult a qualified property attorney or architect early in the process. Proactive compliance today can save you significant time, money, and stress in the future.
