Risky Plans

Why approved plans that match your building are important and the risks of not having them

Hello, current and future property owners! If you've ever considered renovating your property, buying a new property, selling your property, leasing your property or simply ensuring everything is in order with your current property, you’ve likely heard about the importance of having approved building plans. But what exactly does that mean, and why is it crucial? We are diving into this topic to help you understand the ins and outs of building plans, why you need them, what the law says, and the potential risks of neglecting this vital aspect of property ownership.

What does the Law say?

In South Africa, it’s a legal requirement for property owners to have approved building plans that match their actual buildings. The National Building Regulations and the Building Standards Act of 1977 mandate that any construction or alteration to a building must have approved plans before being built. This is not just a bureaucratic hoop to jump through—it’s a safeguard for structural integrity, safety, and protecting yourself as a property owner from these potential legal headaches.

What does this mean for Property Owners?

Legal Compliance: Without approved plans, any construction or alteration to your property is considered illegal and can result in fines, legal action, and in extreme cases orders to demolish non-compliant structures may be issued.

Safety First: Approved plans ensure that your building meets all safety regulations, which is crucial for the well-being of occupants and visitors and for mitigating tenant risk for owners.

If you are unsure if you need approval for specific structures, see our article on what items need approval.

The risks of not having approved plans

1. Ensuring Safety for Occupants & Visitors and Compliance for Landlords:

Building plans are reviewed by professionals to ensure that your construction meets all safety standards. These include structural integrity, fire safety, and adherence to zoning laws. Without this approval, there’s no guarantee that your home is safe or legally compliant. Unapproved structures may lack stability, proper ventilation, drainage, or electrical wiring, posing significant risks to inhabitants. This could also lead to legal action against landlords renting out unapproved properties to tenants.

2. Insurance and risk

Many insurance companies require proof of approved building plans before providing coverage. Without this, you might find yourself without insurance for your property, leaving you vulnerable to financial loss in the event of damage. On the flip side, the insurance companies that do not ask for this when you first take out your policy may request it when you claim. As it is a legal requirement to have approved building plans matching your building, your claim may not be paid out if it is evident that the damage was caused by something dangerous that is unapproved and not in accordance with the National Building Regulations. 

3. Selling your property and property transfers

Although you can theoretically sell a property without approved plans, more and more buyers will check for approved plans before buying a property. Thus, if you are trying to sell a property, the lack of approved plans could result in losing buyers or buyers making plan approval a condition of the sale, delaying a sale by months.

Banks will also require approved plans before approving a bond. This means not having approved plans may mean you can only sell to cash buyers, making your market much smaller.

Valuers may also value your home lower when parts of it are not approved, thus decreasing the value of your property in the eyes of the bond writer. This can negatively affect your price negotiation with a potential buyer.

4. Impact on Future Renovations

If you’re planning to renovate or expand your home, having approved building plans is crucial. If your current plans are outdated, this could delay your renovation project and drastically increase costs.

The building regulations keep updating with time. For example, energy compliance and insulation requirements are a lot stricter now than they were 15 years ago. Thus if you leave portions of your building unapproved for too long, the building regulations may have changed. If you then need to get it approved, you will need to pay to adjust and update the old building to the new regulations before any new plans for renovations can be approved. This can be a costly and time-consuming process. Ensuring your plans are current and approved now can save you a lot of trouble and money in the future.

5. Avoiding Municipal Fines and Penalties:

Although it is not likely that the Municipality will randomly notice a discrepancy on your property that has been there for years, some circumstances may draw their attention to it. Events like your neighbours’ doing renovations close to your common boundary, the municipality expanding the street or a potential buyer making innocent enquiries at the municipality could all bring unintended attention to your property. If the latest plans on file do not match the satellite images, you could face hefty fines. These penalties can be financially draining and stressful to handle. Moreover, you may be required to rectify the situation, which can involve expensive alterations or even demolitions.

Avoiding the risks

Keeping your building plans approved and up-to-date is not just a legal necessity—it’s a smart move to protect your investment, ensure safety, and avoid unnecessary complications. Whether you’re looking to sell your property, undertake renovations, or simply ensure everything is in order, having approved plans is essential.

Please don’t wait until it’s too late. Get in touch with us today for a free consultation and let our team help you navigate the process with ease. We’ll help you ensure your building plans are up-to-date, approved, and compliant with all regulations. Contact us here and take the first step towards peace of mind and legal compliance.

How We Can Help

Our Services Include:

Site Inspection and Assessment: Our team (including a registered architect) will conduct a thorough site inspection to understand the scope of work required, assess compliance with local regulations, and create an action plan.

Consultation and Advice: We offer expert advice on any modifications needed to bring your property into compliance.

Sourcing of Documents and Information: We source all information and documents required for your submission if you do not already have them. This could include a title deed, SG diagram, survey of your property, municipal service connections, existing plans on record with the municipality, etc.

Drawing Accurate Plans: Our team of experienced draftsmen/woman will create detailed building plans that meet all regulatory standards.

Submission and Follow-Up: We handle the submission process to the city council, answer any questions they have, attend to amendments requested, and follow up to ensure timely approval.

The Crux

By taking proactive steps now to get your property's plans updated, you can avoid potential legal issues, enhance your property’s value, and ensure a smooth path for future renovations and sales. Let us be your trusted partner in safeguarding your home’s future. Contact us today for a free consultation, and let us help you navigate this crucial process.

Get my plans approved!