ASK THE EXPERTS
Bruno Simao
Founder & Managing Partner :
BSA Law
Question from a Property Owner :
I have just moved into our new home and discovered that a room , which we use as an office and potential spare bedroom , was added without approval from the local authority . The municipality has By Jaco Grobbelaar informed us that the seller ’ s building works were unapproved , no plans were submitted and that it is unlawful construction .
They now said that we are compelled to demolish the extension . What options do we have , how can we prevent this from happening now and what are our prospects in the future ?
Answer from Bruno Simao :
You need to seek immediate legal advice . No person shall without the prior approval in writing of the local authority in question , erect any building in respect of which plans and specifications are to be drawn and submitted in terms of this Act .” ( National Building Regulations and Building Standards Act ).
Firstly , local authority planning permission is a legal requirement before any building works , renovations or extensions can take place . You will need to check with your local municipality what its particular requirements are , and what “ minor ” works are exempt from this requirement in your area . Without municipal permission , you have an unlawful structure on your hands – a recipe for disaster . The problem for you as the buyer is that , once the transfer is through you are now the registered owner , it is therefore up to you as buyer that the municipality will look to obtain any outstanding building authorities and plans , to pay any penalties for non-compliance , and possibly even to demolish the unlawful structures .
10 REI MAGAZINE AUGUST