Approved building plans - ARE THEY REALLY NEEDED?

It is alarming to realize how casual home owners have become about adding onto their homes without having the additions approved by the relevant local authority. Presumably this is as a result of less that acceptable levels of service delivery by local councils and a general lackadaisical disregard for rules and regulations in this country. 

In terms of the National Building Regulations, all additions to any building have to appear on a building plan approved by the local authority. If this is not the case, a home owner risks the possibility of being forced to demolish any unapproved building or addition.

When granting bonds to purchasers, banks are increasingly insisting upon receipt of copies of approved building plans prior to bond registration. If these are not available, it could delay the transfer date with 4 to 6 months.

It is also advisable to obtain an occupation certificate issued by the Council relating to all building on a property. This confirms that the buildings, indicated on approved building plans, were inspected by a proper building inspector.

My firm was recently involved with a transfer of a property in a small security estate. The seller purchased the property direct from the developer in 2006 and there were a few title conditions which were required to be removed with the written consent of the local authority.

The Council was prepared to grant the required consent (without which transfer could not be registered) on condition that original approved building plans and an occupation certificate were supplied.

Now as luck would have it, the developer immigrated to Canada a few years ago and could not be traced.

The end result was that the seller had to appoint a firm of architects and town planners to obtain the plans and certificate at considerable cost to him. The transfer was delayed by about six weeks.

Advice to purchasers and estate agents: Insist upon the inclusion in an Offer to Purchase of a clause which ensures that both the approved building plans and an occupation certificate be supplied prior to transfer.