The vast majority of house purchase agreements contain a clause stipulating that the seller warrants that all plans for the house have been approved.
But sometimes it transpires that the home's plans – or some of their sections – are missing or have not been approved by the relevant authority. When that happens, it is the seller's task to rectify this.
Lanice Steward, MD of Anne Porter Knight Frank (APKF), says it is the seller's responsibility in law to ensure that the plans for the entire building have official approval – but many sellers do not know this. He also says buyers increasingly ask to see approved plans before entering into in-depth negotiations.
"This is a wise precaution. Owners, for their part, should get hold of their plans as soon as possible – long before they think of selling – so as to ensure that problems are ironed out."
Steward says it is quite frequently found that previous homeowners go ahead with alterations and/or extensions without receiving Council approval.
"This can be serious, it can even result in the new section having to be demolished but the Council are generally sympathetic if they realise that the current owner was not responsible for failing to get approval."
For more information contact Lanice Steward on 021 671 9120 or send an email..
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