Understanding the risks of building without approved plans
While many homeowners see building plan approvals as bureaucratic red tape, the reality is that failing to obtain the necessary municipal approvals can lead to far greater costs, including hefty fines, stalled property sales, and even court-ordered demolitions.
“Homeowners often underestimate the risks of bypassing the approval process,” explains Adrian Goslett, Regional Director and CEO of REMAX Southern Africa. “Unapproved building work can lead to problems when selling or insuring a property, and in extreme cases, authorities can issue demolition orders years after the structure was built.”
While some believe they can “ask for forgiveness later,” South African courts have shown little leniency. In one case in Kenton-on-Sea, a homeowner was forced to demolish his luxury home after deviating from approved plans - a dispute that dragged on for over a decade and ultimately reached the Supreme Court of Appeal.
Even minor deviations, such as pergolas or carports in estates governed by homeowners’ associations, can result in penalties or demolition if they contravene estate rules. Banks may also refuse to grant a bond for a property with unapproved structures, and insurers could repudiate claims if the building is deemed unsafe.
Buyers beware: Voetstoots offers no protection
Properties are often sold “voetstoots” — meaning “as is.” Unlike hidden defects, unapproved building work does not entitle the buyer to claim against the seller once the sale is complete. This means that the new owner inherits any compliance problems and associated costs.
“Buyers should always request approved building plans and compare them to what is actually built on the property,” advises Goslett. “If discrepancies exist, they should factor the time and cost of obtaining retrospective approval into their decision before signing an offer to purchase.”
Whether planning a new build, extension, or alteration, REMAX SA advises homeowners to:
• Consult their local municipality to confirm whether the work requires approval.
• Use a qualified draughtsperson or architect to prepare and submit plans.
• Seek clearance from homeowners’ associations or body corporates where applicable.
• Keep written records of all approvals, inspections, and compliance certificates.
“For sellers, identifying and rectifying any unapproved structures before listing the property can help avoid complications during the sales process, which will alleviate some stress and hopefully avoid unnecessary or costly delays,” says Goslett.
This is where it pays to work closely with a range of qualified professionals when buying, selling, or renovating. A home inspector or architect can verify structural and regulatory compliance, while conveyancing attorneys can identify zoning and title deed restrictions. Working with a professional real estate agent will also ensure that disclosures are handled transparently and that you’re protected from unexpected surprises.
“Property ownership comes with legal responsibilities, and cutting corners can cost you dearly,” concludes Goslett.
“Homeowners often underestimate the risks of bypassing the approval process,” explains Adrian Goslett, Regional Director and CEO of REMAX Southern Africa. “Unapproved building work can lead to problems when selling or insuring a property, and in extreme cases, authorities can issue demolition orders years after the structure was built.”
While some believe they can “ask for forgiveness later,” South African courts have shown little leniency. In one case in Kenton-on-Sea, a homeowner was forced to demolish his luxury home after deviating from approved plans - a dispute that dragged on for over a decade and ultimately reached the Supreme Court of Appeal.
Even minor deviations, such as pergolas or carports in estates governed by homeowners’ associations, can result in penalties or demolition if they contravene estate rules. Banks may also refuse to grant a bond for a property with unapproved structures, and insurers could repudiate claims if the building is deemed unsafe.
Buyers beware: Voetstoots offers no protection
Properties are often sold “voetstoots” — meaning “as is.” Unlike hidden defects, unapproved building work does not entitle the buyer to claim against the seller once the sale is complete. This means that the new owner inherits any compliance problems and associated costs.
“Buyers should always request approved building plans and compare them to what is actually built on the property,” advises Goslett. “If discrepancies exist, they should factor the time and cost of obtaining retrospective approval into their decision before signing an offer to purchase.”
Whether planning a new build, extension, or alteration, REMAX SA advises homeowners to:
• Consult their local municipality to confirm whether the work requires approval.
• Use a qualified draughtsperson or architect to prepare and submit plans.
• Seek clearance from homeowners’ associations or body corporates where applicable.
• Keep written records of all approvals, inspections, and compliance certificates.
“For sellers, identifying and rectifying any unapproved structures before listing the property can help avoid complications during the sales process, which will alleviate some stress and hopefully avoid unnecessary or costly delays,” says Goslett.
This is where it pays to work closely with a range of qualified professionals when buying, selling, or renovating. A home inspector or architect can verify structural and regulatory compliance, while conveyancing attorneys can identify zoning and title deed restrictions. Working with a professional real estate agent will also ensure that disclosures are handled transparently and that you’re protected from unexpected surprises.
“Property ownership comes with legal responsibilities, and cutting corners can cost you dearly,” concludes Goslett.
