We bought a property to renovate, in a r...

Asked by ap2014 on 23-05-2014 15:54:14
Question posted in the Property Law category relating to KwaZulu-Natal
Question value: R 280.00

We bought a property to renovate, in a rural farming area close to Underberg. We had plans approved to renovate the house and did so accordingly. No problem there.

We have recently started to put up three rondavels, for staff accommodation, we were under the impression (mostly because every single property in our area has at least 5-6 rondavels for staff) that we didn't need to enter these on the plans, and have now been told to stop building and submit plans.

I want to know if this is correct, I also don't see why every other property can put up rondavels without submitting plans and we are suddenly told that we have to?

Please bear in mind that we do not have any services from our municipality, we are in a very rural farming area, there are no tar roads, no drainage, no water and we don't even have eskom electricity.

thanks

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Answer to the Question

Posted by Att. Patrick on 23-05-2014 16:16:06
Hi there and thank you for your question,

From what you've explained above, my advice is that the building inspector was correct in stopping you from completing construction of the rondavels.

The general rule is that if you build something that ends up "covering" any piece of land (be it a roof, or a rondavel, or a lapa, or even a wall), then you will need to have plans drawn up for the construction and approved before you can begin working.

This is not the case if you demolish a wall, and then construct a new wall in the same place, or demolish a pedestrian gate and then create a new gate - but it applies to almost everything else.

There is a really good website here (http://www.buildingregulations.co.za/) which explains in a lot of detail what you are allowed to do and what you are not allowed to do.

My advice is that you draw up the plans ASAP and submit them to your local municipality, and then show the submitted plans to the building inspector, and ask the building inspector if you can continue building based on the fact that you've submitted your plans. Normally they allow you to do so.

It doesn't matter that you don't receive services from your municipality - you still need to comply with the building regulations.

If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.

Att. Patrick

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This answer was accepted on 23-05-2014 16:25:41

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