The importance of building plans and occupation certificates when selling or buying a house.
Category Property News
Selling or buying a house can be both an exciting and stressful time. There is a lot to sort out on both sides, and both seller and buyer need to have all their property ducks in a row to ensure the successful transfer of ownership of the property.
One such duck is your building plans. You can't legally sell a house without the approved plans. When buying a house the onus is on the seller to produce the plans. If you don't ensure that he/she does, you're not really sure what you're buying, which could result in expensive, unforeseen modifications down the line. In addition, if you try sell your home and don't have the plans, it's now up to you to produce some.
The law
The law states that any property with buildings erected without municipal approval is a property with a latent defect. The Voetstoots clause normally covers latent defects and a seller will not automatically attract liability if he sells a property with unauthorised building works. But if the seller knows that there are no plans and he organised and did the renovations himself, and he deliberately does not disclose this fact (with the intention to defraud the purchaser), the seller cannot hide behind the Voetstoots clause.
Even though the law prescribes that every property must have plans drawn up in the proper manner, this does not necessarily mean that every home has plans. A lack of official and approved plans can be a huge stumbling block to the sale or purchase of a property. Check yours today. Contact us if you need help.
What should you?
As a prospective buyer, you should always insist on seeing a copy of the plans. You should also get an architect or engineer to double check these plans against the actual structure. You can further protect yourself by requesting a copy of the plans as a condition of sale.
For new builds you can protect your self by registering with the National Homebuilders Registration Council (NHBRC) before any construction starts.
How the Bitou municipality is working with property owners
The Bitou Municipality has implemented an amnesty plan whereby home owners can obtain approval for building plans and their occupation certificates without incurring large penalties. Find out more.
What is an Occupancy Certificate?
An Occupancy Certificate is a document that is issued by the Building Control sub-directorate in accordance with the National Building Regulations to certify that a building has been completed in accordance with the approved building plan and all other relevant City Council requirements.
Once all building work is complete you must arrange with the Chief Building Inspector for your region to issue you with an Occupancy Certificate. They will conduct a final inspection and ensure that all your building obligations have been complied with.
Who needs one?
An Occupation Certificate is compulsory for every building before the new owner takes occupation. This is to show that all requirements have been met and to safeguard the owner.
It is against the law to occupy a property without:
1. A full set of approved plans / planning permission from Council
2. An Occupation Certificate. An illegal building is by definition uninsured, which could lead to substantial losses in the event of a disaster After a month's grace to submit building plans - property owners can be fined up to R1000 a day for not complying with the Act.
If you need any more information on any of the above, please contact your local property specialists at Helen Melon Properties.
Author: Helen Ward