Unauthorised Building Work: A Risk You Can’t Afford to Ignore

What the Law Requires

In South Africa, the National Building Regulations and Building Standards Act requires that building plans be submitted to and approved by the local municipality before certain building work is carried out. This applies not only to new buildings, but also to:

• Additions and extensions
• Structural alterations
• Conversions (for example, garages into living spaces)

While some minor building work may be exempt, this is not automatic and typically still requires approval or confirmation from the local authority.

Why This Matters When Selling

It is possible to sell and transfer a property without approved or up-to-date building plans. However, in practice, this often introduces risk into the transaction. Buyers today are more informed, and many will:

• Request approved plans during the due diligence process
• Make offers conditional on plans being in order
• Renegotiate or withdraw if discrepancies are discovered

In addition, banks may flag unauthorised structures during valuation, which can affect financing or delay approval.

The Disclosure Factor

Under the Property Practitioners Act, sellers working with a property practitioner are required to complete a Mandatory Disclosure Form.

While the responsibility to obtain this form lies with the agent, the information provided comes from the seller.  If unauthorised building work exists and is not disclosed, it can lead to:

• Disputes after transfer
• Claims of misrepresentation
• Potential legal and financial consequences

Even where a voetstoots clause applies, it does not protect a seller who knowingly withholds material information.

The Real Risk for Buyers

For buyers, purchasing a property with unauthorised improvements can mean inheriting the problem. This may result in:

• The need to submit and obtain “as-built” plans
• Costs to bring structures into compliance
• Possible demolition if approval cannot be obtained
• Delays in future resale

What may seem like a small oversight can quickly become a costly exercise.

A Practical Approach

The best approach is proactive.

For sellers:

• Review your property against approved plans before listing
• Regularise any unauthorised structures early
• Be transparent in your disclosures

For buyers:

• Request approved building plans upfront
• Compare plans to the existing structure
• Raise any concerns before signing or during due diligence

Final Thought

Unauthorised building work doesn’t always stop a sale but it almost always complicates it.  Addressing these issues upfront protects your position, strengthens your negotiation, and ensures a smoother transaction for everyone involved.