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During December we received several inquiries for
assistance to update plans. Purchasers, Sellers and Property Agents have
requested our help with bringing their house plans up to date for Council
approval, in the shortest amount of time.
We have had Estate Agents inform us, that they have been
advised by Insurance companies; Home inspectors and Bank evaluators, that up to
date Council approved plans have been required from them to be included in
their documentation. For legal reasons, it is obvious that all documentation
pertaining to the sale / transfer of a property needs to be correct and
current, this includes the approval of the house plans.
We have asked several Banks and Bond originators if this
was Law or an official requirement. It
is our understanding that to date this is not the case. However, not having
the up to date plans may cause delay’s during the property transaction.
We did come across a reference to plan requirements from a Standard Bank checklist :
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The Implications of Selling a House
Without Approved Plans
If you are selling your house, and don’t have approved plans, you could find yourself in a lot of trouble. And if you are buying a house, and don’t ask whether the seller has approved plans, you might end up inheriting some very expensive problems.
Legal Implications of Selling a House
Without Approved Plans
Since the law requires everybody to have plans drawn up in a particular manner, and approved by the local authority in their area, it stands to reason that every house will have plans. But this is not always the case, and a lack of approved building plans is clearly a major problem for many people buying and selling houses and other buildings in all parts of South Africa.
To read more = http://sans10400.co.za/house-without-approved-plans/
What plans are required?
All building plans have to be submitted to the relevant Local Authority for approval.
The National Building Regulations & Building Standards Act (No.103 of 1977) stipulates that no person may erect, alter, add to, or convert any building without the prior approval of the Local Authority.
The National Building Regulations & Building Standards Act (No.103 of 1977) stipulates that no person may erect, alter, add to, or convert any building without the prior approval of the Local Authority.
To read more = http://www.allaboutbuilding.co.za
NO BUILDING PLANS:
VOETSTOOTS PROTECTS
SELLER
Haviside v Heydricks and Another (AR27/13) [2013] ZAKZPHC 53 (17
October 2013)
This judgment confirms the position in our law that the absence of approved building plans
constitutes a latent defect, in respect of which a voetstoots clause protects an innocent
seller. The Court in this matter upheld the seller's reliance on the voetstoots clause, in the
face of a claim by the purchaser to make good his additional expenses to his planned
renovation necessitated by the absence of approved plans relating to an existing garage.
To read more = http://www.stbb.co.za/uploads/stbb_plu33-2013_s1.pdf
