Unapproved home alterations could derail property sales and insurance
Building without permission? The metro says your home could face demolition. Find out what you need to know.
While many South Africans view building plan approvals as unnecessary red tape, industry experts warn that skipping the process can lead to severe financial and legal consequences, including hefty fines, stalled property sales, or even demolitions.
“Homeowners often underestimate the risks of bypassing the approval process,” says Adrian Goslett, regional director and CEO of RE/MAX Southern Africa.
“Unapproved building work can lead to major problems when selling or insuring a property, and in extreme cases, authorities can issue demolition orders years after the structure was built.”
The belief that one can “ask for forgiveness later” rarely holds up in court. A Kenton-on-Sea homeowner learned this the hard way when he was ordered to demolish his luxury home after deviating from approved building plans, a legal battle that dragged on for over a decade and ultimately reached the Supreme Court of Appeal.
Even seemingly minor deviations, such as carports, pergolas, or extensions within estates governed by homeowners’ associations, can attract penalties or demolition orders if they breach estate rules.
Banks may refuse to grant home loans for properties with unapproved structures, and insurers can reject claims if a building is found to be unsafe or non-compliant.
Buyers beware: Voetstoots offers no protection
In South Africa, properties are often sold “voetstoots”- meaning “as is”. But unapproved building work is not classified as a hidden defect. Once the sale is final, the new owner inherits any compliance issues and associated costs.
“Buyers should always request approved building plans and compare them to what exists on the property,” advises Goslett.
“If discrepancies are found, they should factor the time and cost of obtaining retrospective approval before signing an offer to purchase.”
Practical steps for homeowners
RE/MAX SA recommends the following steps to avoid trouble down the line:
• Consult your local municipality to confirm whether your planned work requires approval.
• Hire a qualified draughtsperson or architect to prepare and submit plans.
• Obtain clearance from homeowners’ associations or body corporates if applicable.
• Keep written records of all approvals, inspections, and compliance certificates.
“For sellers, identifying and rectifying any unapproved structures before listing can prevent major complications during the sale process. It not only reduces stress but can also avoid unnecessary, and costly, delays,” Goslett added.
Work with the right professionals
Goslett stresses the importance of working with qualified professionals at every stage. Home inspectors or architects can verify structural compliance, while conveyancing attorneys can check zoning and title deed restrictions.
A professional real estate agent ensures transparent disclosure and protects clients from unexpected legal surprises.
“Property ownership comes with legal responsibilities. Cutting corners can cost you dearly.”
City of Ekurhuleni: Every structure must be approved
According to City of Ekurhuleni spokesperson Zweli Dlamini, all property owners are legally required to submit building plans to council for approval before construction begins, in accordance with the National Building Regulations and Building Standards Act (Act 103 of 1977, as amended).
“The property owner must appoint an architect to draw up the plans and complete all submission forms,” Dlamini explains. “If the structure is a double-storey, built on dolomitic land, or deemed necessary by the plan examiner, a structural engineer must also be appointed.”
Once plans are scrutinised and approved, building may commence, but only under strict conditions. Inspections must be booked at each construction stage (foundations, open drainage, roof, and final inspection).
At final inspection, the owner must provide all compliance certificates, including electrical, plumbing, glazing, gas (if applicable), structural engineer, and architect sign-offs.
If everything meets the required standards, a Certificate of Occupancy will be issued.
Dlamini warns, “any structure built without the necessary approval is illegal and can be demolished by the city if discovered. Beyond the legal implications, failure to obtain council approval also puts lives at risk, as unapproved structures may be unsafe for occupants and the public.”
