Questions about Building Work, Building Plans, and Building Lines
Hardly a day goes by without questions from disgruntled homeowners about discrepancies in house plans and building work. When I’m inspecting, I often find discrepancies between the approved plans and the built structure.
If you are selling your house and don’t have municipal-approved plans or necessary permissions, you could be in trouble. If you are buying a house and don’t ask for approved plans or permissions, you might have very expensive problems.
Homeowners can also be in trouble with the municipality for illegal structures. Some municipalities have aerial photographs of suburbs taken every four years to check if alterations have been made to homes. In addition, municipalities assign building inspectors to monitor developments on the ground.
Legal Implications of Selling a House Without Approved Plans
The law requires all major building work to have plans drawn up and approved by the local authority. Therefore, it stands to reason that every house should have plans. But this is not always the case! A lack of approved building plans is a major problem for many people buying and selling houses and other buildings.
Sometimes people only discover that there are no plans years after they have bought a property. This comes to light either because they eventually want to make alterations or because they want to sell. Buyers often find that a house they are buying has no approved plans. They then want to know whose responsibility it is to have plans drawn up retrospectively (“as-built”).
It can become a complex legal matter if alterations and additions have been carried out without local authority approval.
Are Building Plans and Building Approval Always Required for Houses?
The National Building Regulations and Building Standards Act emphasises the need for building plans and approval. Therefore, it is the local authority that governs what can be done with its zoning regulations and National Building Regulations. So it is they who approve (or deny ) all building work and renovations on all properties. However, most municipalities are more lenient when it is minor building work.
The Act states that the municipality may grant relaxation where the approval of plans requires relaxation. However, you will have to apply for relaxation in writing and receive approval in writing.
If your property is in an estate, townhouse, or cluster complex, you will also need a copy of the Estate Guidelines from the Aesthetics Committee, Body Corporate, Residents Associations, etc. Moreover, there may be a list of requirements that ensure aesthetic harmony and good building practices within the estate or complex. Furthermore, you will need your plans stamped and a letter from the Body Corporate for Council indicating that they are happy with your planned building.
How the Issue of “Voetstoots” Affects Building Approval and Plans
The purchase agreement made between buyers and sellers of the property will include a voetstoots clause. Essentially, this clause indicates that the purchaser accepts the risk of defects existing at the time of the sale, patent or latent (but not visible). However, there are exceptions to this clause when the seller deliberately and fraudulently conceals latent defects from the purchaser. In this instance, the seller will remain liable for these defects. But of course, the purchaser will have to provide evidence that the seller knew about the defect.
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