Approved Building Plans: What Buyers and Homeowners Need to Know
The Property Perspective is a weekly radio show on 919 FM, airing every Tuesday at 4:15 PM with Al and Lesedi on The Drive Train.
Episode 26 | The Property Perspective with Etchells & Young
You've found a home you want to buy, but have you checked whether the approved building plans match what has actually been built?
In this episode of The Property Perspective on 919 FM, Harry is joined by conveyancing attorney Shireen from Von Slotten & Boysen Attorneys to discuss approved building plans, alterations that were never approved and the risks of overlooking these issues before transfer.
They explain what purchasers should ask for, how to protect themselves in an offer to purchase and what can happen when unapproved work is discovered years later.
In This Episode
Harry and Shireen discuss the checks buyers should carry out before signing an offer to purchase and how existing owners can deal with alterations that are not reflected on approved plans.
They cover:
Why buyers should request approved building plans
Whether sellers must supply plans when selling a property
How to check approved plans against the actual building
What to do when a cottage, garage or patio is not on the plans
Clauses to include in an offer to purchase
The costs and consequences of unapproved alterations
What happens when the municipality issues a compliance notice
Why servitudes and boundary structures also need attention
Listen to Episode 26
The Property Perspective airs weekly on 919 FM.
Why Approved Building Plans Matter
For a freestanding, full-title home, Harry recommends asking for the approved plans before you commit to buying. An extension may look as though it has always been part of the house, but that does not mean it was approved.
The plans should be compared with the property as it stands today, particularly where garages, flatlets, enclosed patios or other additions may have been built after the original house.
The discussion also notes that certain minor structures may be exempt from the usual plan requirements. A discrepancy should be checked rather than automatically treated as a breach.
Does the Seller Have to Give You the Plans?
Shireen explains that building legislation requires local authority approval for building work where plans are required, but does not itself place a general obligation on the seller to hand a copy of those plans to the buyer.
The purchaser can, however, create that obligation in the offer to purchase. Buyers should not assume that a property disclosure form, on its own, confirms that every alteration has approved plans.
How to Check the Plans Against the Property
Start with a physical inspection. Look for additions that appear newer than the original building, and compare those structures with the drawings.
Check that the plans bear the relevant local authority approval stamps and signatures. If you cannot confidently interpret them, Harry recommends asking an architect, draughtsperson or other suitable professional to inspect the property and assess the plans.
What if an Extension Was Never Approved?
An unapproved garden cottage, garage or enclosed patio does not necessarily mean the buyer must abandon the purchase. The important question is whether the work can be regularised and on what terms.
Shireen recommends a clearly worded clause in the offer to purchase setting out when plans must be provided, how long the buyer has to inspect them, who must obtain any necessary approvals, who pays the costs and what happens if approval cannot be obtained.
Depending on the circumstances, the parties may also agree to retain part of the sale proceeds until the outstanding approvals have been dealt with. This needs to be properly documented.
Discovering Unapproved Building Work After Transfer
If a municipality discovers unapproved alterations, it may issue a compliance or enforcement notice to the current owner, even if previous owners carried out the work.
Shireen explains that the owner may need to appoint an appropriate professional to prepare as-built drawings and submit them for approval. Any possible claim against the seller is a separate legal issue and depends on the circumstances of the sale.
Dealing with the issue before transfer is usually preferable to facing potentially lengthy and expensive disputes afterwards.
Do Property Advertisements Prove the Building Is Approved?
A property advertised as having four bedrooms or several garages may physically have those features without all of them appearing on the approved plans.
Harry explains that agents generally receive property information from sellers and market what is visible at the property. Shireen emphasises that purchasers should not rely solely on the marketing description: they should review the disclosure form, inspect the plans and carry out their own due diligence.
Any legal recourse involving a seller or agent will depend on the facts, contractual terms and what was known or disclosed.
Servitudes and Structures Over Municipal Services
A listener also raises a question about a municipal pipe running beneath a boundary wall. Harry and Shireen explain that servitudes can restrict where structures may be built and can create problems when a municipality needs access to infrastructure.
Buyers and owners should check relevant plans and servitude information, especially before building over or close to municipal infrastructure.
Key Takeaways for Buyers and Homeowners
Do not assume that an attractive, well-maintained extension is reflected on approved plans. Ask for the plans and compare them with the property.
If you find a discrepancy, involve a suitable professional and ensure the offer to purchase explains the responsibilities, costs, deadlines and consequences before you sign.
As Harry and Shireen emphasise, addressing uncertainty early is far easier than leaving it until after transfer.
What Is The Property Perspective?
The Property Perspective is Etchells & Young's weekly property segment on 919 FM.
Each episode explores a different aspect of property - from rentals and property management to buying, selling, legislation, sectional title living and the everyday questions property owners and tenants face.
Follow the series as we unpack more of the issues that matter to Johannesburg property owners, buyers, sellers, landlords and tenants.
Buying or Selling a Property?
Understanding a property's documentation before signing can help prevent costly surprises later on.
Speak to the Etchells & Young team for professional property guidance when buying or selling in Johannesburg's northern suburbs.
