The Missing Occupation Certificate: How to Remedy the Situation: A Step-by-Step Guide

The process for obtaining an Occupancy Certificate differs depending on whether you are dealing with a new build or an existing property. Both are addressed below, with specific reference to the Bitou Municipality process applicable to properties in Plettenberg Bay and the surrounding area.

FOR NEW BUILDS

On a new build, the Occupancy Certificate should be obtained before the owner or occupants move in. Responsibility lies with the owner, typically managed by the Principal Agent (architect or project manager). The process in Bitou Municipality is as follows:

Step 1: Submit approved building plans before construction begins

Building plans must be drawn up by a registered professional and submitted to Bitou Municipality’s Planning and Building Control Section for approval before any construction commences. Contact the Building Control Department to confirm the current submission procedure for building plans. Plans must be accompanied by a SANS 10400 compliance form signed by the owner and a SACAP-registered professional, and the applicable scrutiny fee.

Step 2: Obtain construction inspections during the build

During construction, a Bitou municipal building inspector will conduct stage-by-stage inspections (foundation, superstructure, and roof). These must be called for by the owner or Principal Agent at the relevant stages. Do not proceed past an inspection stage without sign-off.

Step 3: Gather all compliance certificates

Before applying for the Occupancy Certificate, the following compliance certificates must be obtained from registered contractors:

• Electrical Certificate of Compliance (COC) — from a registered electrician
• Plumbing certificate — from a registered plumber
• Gas compliance certificate (if applicable)
• Structural completion certificate (if required by the design)
• Glazing certificate (if applicable)
• Roofing certificate (if applicable)
• Engineering certificate (if applicable)

Step 4: Apply to Bitou Municipality for the Occupancy Certificate

Submit the completed application together with all the relevant compliance certificates to the Building Control Section at Bitou Municipality. Contact Bitou’s Building Control Department for the current fee schedule, as tariffs are updated annually.

Step 5: Final inspection and certificate issue

A Bitou building inspector will conduct a final inspection of the completed building. If the work complies with the approved plans and applicable regulations, the Occupancy Certificate will be issued. If defects are identified, these must be rectified and a re-inspection booked before the certificate can be issued.

Step 6: Lodge the certificate

Once issued, lodge copies of the Occupancy Certificate with your mortgage lender (if applicable) and your insurance provider.

FOR EXISTING PROPERTIES (RETROSPECTIVE APPLICATION)

The good news is that it is never too late to apply for an Occupancy Certificate. However, the process can be time-consuming and costly, especially where approved plans are also missing, but in most cases, it is entirely achievable. Here is how to approach it:

Step 1: Determine what records exist at Bitou Municipality

Contact Bitou Municipality’s Building Control Section to establish whether approved building plans are on record for your property. In many cases, plans were submitted and approved but the certificate was simply never applied for. If plans do not exist, you will need to commission as-built drawings from a registered architect or architectural technologist.

Step 2: Commission as-built plans (if needed)

As-built plans are drawings that reflect the building as it currently stands, not necessarily as it was originally designed. These must be prepared by a qualified professional and submitted to Bitou Municipality for approval. Costs vary but typically run into several thousands of rand, depending on the size and complexity of the property. Note that if the building does not comply with the applicable zoning scheme (for example, if height limits or building lines have been breached), a separate land use application may be required before the building can be regularised.

Step 3: Obtain the necessary compliance certificates

Before the municipality issues an Occupancy Certificate, you will need to obtain the required ancillary compliance certificates. Even for older buildings, current-standard certificates will typically be required.

Step 4: Submit the application to Bitou Municipality

Submit the application to the Building Control Section at Melville’s Corner together with the required documentation. Application fees are set annually by Council and payable on submission. A building inspector will conduct a physical inspection of the property.

Note: Always confirm the current fee schedule directly with Bitou Municipality, as tariffs are updated each financial year (1 July). As a general reference, Bitou’s building plan scrutiny fees are calculated based on the estimated construction cost of the building. The Occupancy Certificate itself also attracts a separate issue fee.

Step 5: Address any defects identified

If the inspector identifies non-compliant work, repairs or alterations will need to be made before the certificate can be issued. A re-inspection will then be required. This is an important step that should not be rushed, as non-compliant work left unresolved creates ongoing legal and insurance risk.

Step 6: Lodge the certificate with your bank and insurer

Once issued, lodge copies of the Occupancy Certificate with your mortgage lender and your insurance provider. This protects you in the event of any future claims or disputes.

Bitou Municipality — Building Control Section Unit 50, Second Floor, Melville's Corner, 3 Kloof Street, Plettenberg Bay, 6600 Tel: 044 501 3000 | Email: dbyl@plett.gov.za | www.bitou.gov.za Office hours: Monday–Thursday 07:30–16:30, Friday 07:30–13:30