IS IT MANDATORY FOR SELLERS TO PROVIDE BUILDING PLANS WHEN SELLING A PROPERTY?

One overlooked aspect in the field of residential property transactions is the provision of building plans. While there is no legal obligation for sellers to provide approved building plans to prospective buyers, the National Building Regulations and Building Standards Act stipulates that all building plans, whether for construction, conversion, or alteration of a building, must obtain approval.

In cases where homeowners have carried out modifications that alter the property without approved plans, they are in violation of statutory law and may face consequences. This could include demolishing the altered portion of the property and covering associated repair costs. Such circumstances pose a risk to the sale process and could lead to complications even after the property is sold, particularly if the buyer discovers the lack of compliance during the latent defective period.

After this period expires, buyers may assume responsibility for any penalties due to non-compliance and potentially be required to rectify the illegal alterations. Real estate agents encourage sellers to disclose any unauthorized adaptations made to the property.

A case highlighted by Meerushini Govender, director in the property law department of Miller Bosman Le Roux, illustrates the potential repercussions. In this instance, a first-time homeowner sold a property without providing building plans. Subsequently, the new owner found that a garage renovation violated regulations. Despite the seller's plea of ignorance and reliance on the Voetstoots clause, which shields sellers from liability for undisclosed defects they were unaware of, the absence of building plans constitutes a latent defect (A hidden or concealed defect).

Legal experts assert that failure to disclose the absence of approved building plans to a buyer could invalidate any clause protecting the seller from liability. Therefore, buyers are advised to include a clause in the sale agreement stipulating the necessity of receiving the plans before the contract is considered fully binding.

Buyers often presume that properties for sale come with current building plans. This is not the case. It is prudent to request these plans in the sale agreement. Doing so not only acts as a precautionary measure but also safeguards against potential legal and financial complications. By prioritizing transparency and adherence to regulations, buyers can proceed with confidence in their property transactions.

For more information, contact INTRO REAL ESTATE, it’s the right choice.