Selling your house in Port Elizabeth can be a daunting task, with numerous questions popping up throughout the process. One common query that often arises is whether sellers are obligated to furnish potential buyers with copies of their property’s plans. In Port Elizabeth, the straightforward answer is “No,” but it’s crucial to grasp the nuances of this situation. While sellers are not required to provide these plans, buyers do have the right to request them, and they can even include a clause in the Offer to Purchase (OTP) to that effect. It’s in your best interest as a seller to be prepared for such a request.
In this article, we’ll delve into the implications of selling a property without approved plans and the risks associated with carrying out building work without the necessary approvals.
Where to Find Property Plans:
If you’ve constructed or extended your home, you would have likely created and obtained approval for plans from your local municipality. This implies that you should have a copy of these plans readily accessible. However, if you don’t possess these plans, you can usually obtain them from your local municipality. In rare cases, municipalities may not have records of these plans due to various reasons, like fires or computer crashes destroying their records. In such instances, the responsibility falls on the current property owner to have new plans drafted.
Non-Compliance with Municipal Plans:
When the plans from the municipality don’t align with the actual layout of your property, it’s essential to determine whether the disparities constitute major or minor alterations.
Major vs. Minor Building Work:
In general, all building work on your property should be approved, necessitating the submission of plans to the municipality before commencing construction. However, minor building work, such as erecting garden sheds, wendy houses (smaller than 5 m²), pergolas, gazebos, or repairing and replacing your roof with similar materials, typically doesn’t require planning permission. Internal alterations, unless they impact the structural safety of the building, usually don’t need planning permission.
Exceptions Requiring Planning Approval:
Depending on municipal regulations, there may be exceptions to this rule, such as the installation of solar or other alternative power systems, which may require planning approval for safety and compliance. Swimming pools might also need planning approval, primarily due to excavation work and local regulations concerning pool security and access.
In cases where approved plans don’t accurately depict your property, especially for substantial structural alterations like additional rooms or garden cottages, new plans must be submitted and approved by the municipality. Failing to do so could result in plan rejections, penalties, or even orders for the removal of illegal structures. Consequently, most buyers insist that sellers possess up-to-date approved plans for the property.
Voetstoots Clause:
In South Africa, property contracts often incorporate a voetstoots clause, indicating that the property is sold “as is.” However, since February 2022, the Property Practitioners Act has mandated sellers to disclose any known defects or issues with the property to both the agent and the buyer. A property defects disclosure form is now an integral part of the Offer to Purchase (OTP).
The Significance of Approved Building Plans:
Approved building plans serve as evidence that your property complies with local authority and national building regulations. Selling a property without these plans is legally regarded as a sale with a latent defect. If a buyer discovers the absence of approved plans and this information wasn’t disclosed upfront, they have the right to cancel the deal. If they uncover this information after the property changes ownership and find other concealed defects, they can pursue legal action against the seller.
It’s a prudent decision to ensure you possess approved plans before selling your property. These plans offer assurance to potential buyers that the property adheres to all relevant standards. Providing plans proactively can help prevent issues from arising later in the transaction process, which could potentially derail the sale.
If you have any uncertainties about the role of approved building plans when buying or selling property, do not hesitate to reach out to us. We are here to assist you with any questions or concerns you may have regarding this matter. Selling your house fast in Port Elizabeth can be a smoother process when you are well-informed and prepared.
