SELLING YOUR PROPERTY WITHOUT APPROVED BUILDING PLANS

Approved building plans are required when selling a property says Mike Greeff, CEO of Greeff Christie’s International Real Estate, however in the absence of approved building plans, there are several options available to would-be sellers.

“The first option is to actually obtain approved plans for all unapproved buildings and or additions,” says Greeff. According to Martin Sheard of STBB, a site plan of the unapproved buildings must be submitted along with an application for approval to your local authority.

For the City of Cape Town, visit the following address to find instructions for downloading the application forms and instructions for submitting: https://www.capetown.gov.za/en/Planningportal/Pages/BuildingControl.aspx 

“The second option is to sell your property subject to obtaining plan approval,” says Greeff. “You can commence marketing your property immediately, submit your plan and application and, should you receive an offer, make it subject to providing approved plans to the purchaser prior to transfer,” advises Sheard.

The third option is to let the purchaser acknowledge the absence of approved plans and accept liability for the risks associated therewith in the sale agreement.

“This would only be advisable where the purchaser intends to renovate or alter the building in which case new plans would in any event be required,” says Greeff adding that whatever course you take, you should consult with an attorney prior to making your final decision.