If you’re getting ready to sell, one of the smartest moves you can make is to get your paperwork in order before you list—especially your approved building plans. While sellers are not legally compelled to hand plans to every prospective buyer, buyers are entitled to ask for them and often make approved plans a condition in the offer to purchase (OTP). Missing or outdated plans are a common cause of delays, price renegotiations, and even failed transfers.
Below is a practical guide to plans, approvals, and a seller’s pre-sale checklist, with references to South African law and municipal practice.
Why approved plans and an occupancy certificate matter
- Legal compliance: The National Building Regulations and Building Standards Act 103 of 1977 (NBR) requires municipal approval of building work and an occupancy certificate (often “Form 4”) for completed structures before occupation.
- Buyer confidence: Buyers and banks increasingly ask for approved plans; bond approvals and homeowner’s insurance can be complicated by unapproved additions.
- Avoid penalties and demolition: Municipalities can issue penalties, refuse occupation, or order demolition of unlawful structures.
- Smooth transfer: Unauthorised work often leads to OTP amendments, suspensive conditions, and transfers that stall for months while “as-built” plans are drawn and regularised.
What counts as “minor building work” (and still needs permission) South African law allows certain “minor building work” to proceed without full plans, but you must still notify and obtain written permission from the municipality’s building control officer. The categories and size limits can vary, but SANS 10400-A (guidelines to the NBR) typically includes:
- Tool shed.
- Greenhouse smaller than 15m2.
- Children’s playhouse less than 5m2.
- Roof replacements.
- Freestanding walls not exceeding 1.8 meters in height.
- Removing or creating wall openings that don’t affect the whole structure.
- Converting a door or window, so long as the width is not increased.
- Carports, caravans or boat shelters up to a maximum of 40m2.
Important: Municipal interpretations differ. Always confirm size limits and whether drawings are required in your municipality before you build. If you have already built, check if what you did qualifies and whether retrospective approval is needed.
How to find your home’s approved plans
- Start at the municipality: Visit the Building Control/Plans Archive for your local municipality (e.g., City of Cape Town, City of Johannesburg, eThekwini). You’ll typically need proof of ownership and ID. Turnaround can range from a few days to several weeks; older files can take longer.
- If records are missing: Older properties or lost archives sometimes mean no plans are on file. You will need a SACAP-registered architectural professional to measure the property, prepare “as-built” plans, and submit for approval. Structural changes may also require an engineer’s input.
When existing plans don’t match what’s on site If what’s built differs from the approved plans, you must regularise:
- Appoint a registered professional (architect/technologist) to prepare updated as-built plans.
- Obtain any required rational designs or engineer’s sign-offs for structural elements.
- Submit to the municipality for approval and pay penalties if applicable.
- Obtain updated approvals and, where relevant, an occupancy certificate.
If approval cannot be obtained (e.g., building line encroachment, height/coverage contraventions, or title deed restrictions), you may need:
- Relaxations/departures or consent use via town planning
- Removal or amendment of title deed restrictions
- In worst cases, demolition or alteration to comply
Useful buyer/seller OTP clauses
- Plans-and-compliance clause: Make the sale subject to the seller providing municipal-approved plans and, where applicable, a valid occupancy certificate by a specified date.
- Regularisation clause: If plans are missing or outdated, the seller undertakes to obtain as-built approvals at their cost before transfer.
- Voetstoots vs. disclosure: The voetstoots clause doesn’t protect a seller who conceals unlawful works. Under the Property Practitioners Act 22 of 2019, sellers must complete a mandatory disclosure form; agents may not accept a mandate without it. Disclose any unapproved works upfront.
How long do plan approvals take?
- Archive retrieval: a few days to several weeks, depending on the municipality and age of the file.
- As-built drawings and submission: 2–6 weeks for a professional team to measure and prepare, longer if engineering is needed.
- Municipal approval: 30–90+ days depending on the metro and complexity. Town planning departures or title restriction removals can extend timelines to several months.
If you’re already on the market without plans
- Be upfront in your disclosures. Trying to hide unapproved works risks claims, delays, and legal costs.
- Consider an OTP that allows for post-approval transfer but sets deadlines and responsibilities.
- Get written guidance from a SACAP-registered professional and, if needed, a town planner to map the quickest compliant route to transfer.
Bottom line Getting your approved plans, occupancy certificate, and compliance documents in order before you list can save months of frustration, preserve your sale price, and keep your transfer on track. If you’re unsure where to start, speak to a registered architectural professional and a reputable local estate agent—they work with these issues daily and can help you avoid costly missteps.