As with many things in life, laws govern construction.
While one may very well ask, why should there be rules for me should I wish to build? After all it is my house!
Laws are there to protect you as property owner from but two of many possible scenarios.

• You return from a lovely holiday only to find that your neighbor has put up a shack township. Law would prohibit this from happening.
• You have exquisite view and the neighbor in front of you decides to take his house 3 storeys up and block out your view? Laws would prohibit this from happening.

 
CONSTRUCTION AND THE LAW 101 FOR HOME OWNERS
SHOULD I DECIDE TO BUILD, WHAT DO I NEED PLANS FOR?

• Any structure with a roof
• Boundary walls higher than 1500 mm
• When you change the windows of your house, e.g. steel to timber
• When you change any plumbing layout
• When you demolish of break down any internal walls
• A swimming pool
• A Carport
• A retractable awning on your patio

 
Essentially any type of structural or construction works.
 
WHAT WOULD HAPPEN IF I BUILT WITHOUT APPROVED PLANS?
 
The municipal building inspector will put an immediate stop order to the project. There are no fines to pay. This matter handed over to the Municipalities Legal department and without any further notice; legal action instituted against you.
 
The result – As you have broken the law, you will be found guilty and be liable for not only your own legal costs but also those of the municipality. The judgment may be one of a hefty fine and in some instances the issuance of a demolition order.
 
WHAT DO I KNOW IF I AM AWARE OF ILLEGAL STRUCTURE ON MY PROPERTY OF HAS MYSELF BUILT SOMETHING ILLEGAL WITHOUT PLANS?
 
Appoint a qualified architectural firm to come out, measure up all the existing work, draw up the plans and assist you with getting the required municipal approvals. The architectural company will also bring in required civil engineers etc. to inspect the work and certify all structurally sound.
 
WHAT WOULD HAPPEN IF I WAS CAUGHT?
 
The municipal building inspector will immediately notify the Municipalities Legal department and without any further notice; legal action instituted against you. The Verdict?
* You have broken the law.
* You are guilty!
* You will liable for not only your own legal costs but also those of the municipality.
* You may be fortunate enough to only get a fine
OR
You may be issued with a demolition order!
In the case of a fine, which quite often can be up to 50% of the project value, you will still have to get plans drawn up, approval and structural certificates.
 
DOES ILLEGAL CONSTRUCTION HAVE ANY IMPACT ON MY PROPERTY WHEN RESELLING?
The municipality can stop a transfer of ownership if illegal structures are on the property, which will result in the entire sale falling through. Remember – No matter how much you could argue a “but look at those illegal structures argument in court”, you will be in the wrong if you build without proper authority! You would have broken the Law!
The municipality has a lot more money to keep you in court and they will win!
 
Keep it Legal or Risk a demolition Order! When in doubt, contact a reputable construction company and they will be able to assist you with your enquiry.
 
I HAVE CONSTRUCTION PLANS WHICH WERE APPROVED A FEW YEARS AGO AND NOW ANT TO FINISH THE WORK
 
Construction plans, even if approved only remain valid for a period of 12 months from date of approval. You will have to have the approval updated. The procedure is payment of a re-submission fee and then approval. You will then once again have 12 months in which to complete your project.
 
HOW DO I FIND OUT IF MY PROPERTY IMPROVEMENTS ARE LEGAL?
 
Contact a reputable construction company or architectural company and consult with them. They will draw you existing improvements file from the local municipal authority and assist you in getting any illegal structures to your property legal again.
For more info about us please visit: http://www.buildernet.co.za/builders4u