BUILDING PLANS
Category Property News
BUILDING PLANS
As conveyancing attorneys we find that at least 50% of all properties in Pretoria do not have approved building plans for all structures on the property.
WHY DOES A PROPERTY OWNER NEED APPROVED PLANS FOR THEIR IMMOVABLE PROPERTY
The National Building Regulations & Building Standards Act (No.103 of 1977) stipulates that no person may erect, alter, add to, or convert any building without the prior approval of the Local Authority.
All structures including lapas, swimming pools, wendy houses, carports and enclosed patios must be on the plans if not it is a latent defect and the seller will have to correct the defect before transfer can take place.
WILL PLANS THAT ARE NOT IN ORDER DELAY PROPERTY TRANSFERS IF A PROPERTY IS SOLD
Building plans that are not in order will delay the registration proses by 3 to 6 months. If the property is sold the purchasers bank will send out a valuator to value the property and the valuator will then notice if the property and the plans are not the same.
HOW TO MAKE SURE YOUR PLANS ARE IN ORDER
We can assist our clients to get copies of their building plans from the city council to compare with the buildings on the property. The owner needs to sign a power of attorney instructing us to obtain copies of building plans and we will
WHAT TO DO IF THEY ARE NOT IN ORDER
If the buildings are not the same as indicated on the plans the plans will have to be updated by an architect or draftsmen and approved by the city council.
WHAT TO DO IF THE PLANS WERE BURT IN THE MUNITORIA FIRE IN
If the city council does not have plans on record and the seller does not have copies of the plans new plans will have to be drawn and approved from scratch by an architect or draftsmen and lodged at the city council for approval.
WHAT IF THE PROPERTY IS A SECTIONAL TITLE AND THE OWNER BUILT ON TO THE PROPERTY
If the property is a sectional title building plans will first have to be amended and approved and thereafter a land surveyor will have to amend the sectional title plans and have that approved at the surveyor general which will take a further month or two.
CAN AN OWNER ENCLOSE A PATIO BY INSTALING WINDOWS OR DOORS
In the past that could be done but the rules have changed and most banks insist that the sectional title plans be amended and approved before a bond can be approved or registered.
WHAT ABOUT CAR PORTS AND LAPAS
Carports and lapas also has to be included on sectional title plans.
WHERE TO FIND A PERSON TO AMMEND THE PRESENT PLANS OR DRAFT
Our firm has built relationships with various architects and plan draftsmen who are not too expensive and know how to get plans approved as quick as possible.
WHAT IS THE NEXT STEP AFTER THE PLANS HAVE BEEN AMMENDED
After approval from council the owner will have to get an inspector from the city council to inspect the property to make sure the plans and the buildings out buildings and other structures on the property match and issue a new occupation certificate.
Author: Written by ETIENNE BEDEKER
