An enclosed patio, converted garage or additional bedroom may increase a home's appeal, but alterations without approved building plans could create unexpected complications when the property is sold.
According to Antonie Goosen, Principal of Meridian Realty, many homeowners only discover discrepancies between their existing structures and approved municipal plans once a buyer starts asking questions.
“An extra room might have been part of the house for years, but that doesn't automatically mean the alteration was approved. When the issue surfaces during a transaction, it can create delays, additional costs and unnecessary tension between buyer and seller,” says Goosen.
He recommends that sellers obtain their approved building plans before listing their homes and compare them with the existing structures. If discrepancies exist, they should consult an appropriately qualified professional to determine whether retrospective approval is possible and what it may cost.
READ: Sellers: What you need to know about legal compliance
Tarryn Gravenor is an attorney, conveyancer and notary at Ebersöhns Attorney says the short answer is usually yes, but "lawful to register" and "wise to sell" are two different questions.
The National Building Regulations and Building Standards Act 103 of 1977 (“the Act”) requires municipal approval of plans before anyone builds (section 4), and a certificate of occupancy before a new building is used (section 14). Building without approval is an offence, and the municipality can pursue the owner for it, including through a court order to demolish.
According to the Act “building” includes—
(a) any other structure, whether of a temporary or permanent nature and irrespective of the materials used in the erection thereof, erected or used for or in connection with—
(i) the accommodation or convenience of human beings or animals;
(ii) the manufacture, processing, storage, display or sale of any goods;
(iii) the rendering of any service;
(iv) the destruction or treatment of refuse or other waste materials;
(v) the cultivation or growing of any plant or crop;
(b) any wall, swimming bath, swimming pool, reservoir or bridge or any other structure connected therewith;
(c) any fuel pump or any tank used in connection therewith;
(d) any part of a building, including a building as defined in paragraph (a), (b) or (c);
(e) any facilities or system, or part or portion thereof, within or outside but incidental to a building, for the provision of a water supply, drainage, sewerage, stormwater disposal, electricity supply or other similar service in respect of the building.
For more information on Section 4 of the Act click here
Goosen explains that unapproved alterations do not automatically prevent property transfer, but they may affect financing or create contractual complications. “The worst time to discover a building-plan problem is after you've accepted an offer and everyone is working towards a transfer date.”
He says agents should encourage sellers to address potential obstacles early rather than hoping they will go unnoticed. “A properly prepared property gives buyers confidence and makes the entire selling process more predictable.”
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