Any insights on buying a house without approved plans?

TaLamia said:
Jeez, I really don't understand why one wouldn't just go through the process to do it right from the get go to avoid all this legal cr*p afterwards. It boggles me...
Click to expand...
Some people are assholes mate... real assholes. If you saw what it looked like you'll understand. Do you know what people mean when they refer to a specific kind as a tappet? That's all you need to know.
 
TaLamia said:
We are interested in a property that has had renovations done to it, mainly a 2 bedroom flatlet and a large garage built onto to it, but no updated approved building plans. They supposedly have all the plans drawn up - just not approved.

What we need to know, from those with more experience, is what are the unforeseen issues we may not be aware of if we bought such a property? How long or difficult is the process to get plans approved should we purchase this property for cash?

Am I right to assume that only cash buyers would be able to take this house off the seller's hands as no bank would lend money for a house without approved plans?

For more background, the seller is abroad now so I don't think they want to deal with the hassle of getting plans approved etc.
Click to expand...
DONT. Buy the property with approval, that that plans has been approved or you may be forced to pay the fine or demolish the extras.

I would not buy it, its too much hassles.
 
Ive built onto my boundary, but my braai had to be 1.5 metres in, so I scrapped that. My neighbour's braai was built before the rules got applied and is on my boundary wall, but mine may not face his either.

And honestly a good architect is hellish difficult to find, ie one that can go take you through the entire approval process. Took me 1.5 years for my plans to get approved, found out if was about carbon emissions volumes for my roof (IBR with thick insulation)
 
One thing to check as well is the administrative fines that the municipality can issue for the unapproved building work. If you buy the property and the municipality only finds out about the illegal building after the transfer then you can be held liable for them.
 
Add council approval to your OTP? That i what we did with our current house, the previous owners used our architect to redraw all the plans, submit and get them approved.
 
Paperwork outstanding.
Not sure if building is actually legal, might have to break down.
Your opinion is actually not a good bargain as some work has to be done.
Old lady unhappy about it being sold from under her.

Uhm, why are we even talking about this?
You WILL get burned with a lot of additional cost and potential breaking down and a renter refusing to move.
 
If there is ANY chance you might have to demolish the renovations, why are you even considering???
Get the plans approved first.
 
I objectively don't think anything will have to be demolished. But obviously want ways to verify this without having to pay for a surveyor or an architect or any other kind of professional fee.
 
TaLamia said:
I objectively don't think anything will have to be demolished. But obviously want ways to verify this without having to pay for a surveyor or an architect or any other kind of professional fee.
Click to expand...
If the plans are not approved, you're subject to the whim of the city council. They can slap you with a demolition order regardless of whether there's actually an issue with the building or not.

Do you really want to take that chance?
 
Sinbad said:
Do you really want to take that chance?
Click to expand...
Oh no, definitely would do the OTP clause that plans need to be approved, just planning the alternative scenario in case the seller really doesn't want to go through the trouble of getting approval. If I can confirm everything will be approvable and seller is willing to give a major discount due to the extra trouble then I'm keen to play ball.
 
TaLamia said:
We are interested in a property...
Click to expand...
Don't focus on servitude area for now. If the build is 1.5m (2m is safe) from your neigbour and 3m from street boundary, servitude is usually safe. Servitude in a nutshell is that average 2m buffer zone from your yard line inwards at all 4 sides. Look where your water meter, telephone and/or fibre poles, sewerage sits, that is the servitude area.

The problem I see is the flat. Because its not freestanding, a kitchen is not allowed. Not really a big problem, kitchen can be removed or you just pay the penalty fee for it.

TaLamia said:
I objectively don't think anything will have to be demolished. But obviously want ways to verify this without having to pay for a surveyor or an architect or any other kind of professional fee.
Click to expand...
Agreed. Demolision only happens with real dangerous builds.

My advice:

Go see the municipal building inspector in person, don't call, and ask him to come check and give you advice AFTER HOURS...FOR A FEE, to pay for his time and travel cost. Make sure it is NOT understand as a bribe.
He will check servitude, which i think is overblown here, but not impossible.
Ask him about the kitchen/s
If he see any other problems
A servitude breach is not a DEAD NO, you can build there with permission as long as its more to the back, on the sides. Sewerages area (back boundary) is a dead no. and of course street boundary.



Whatever you decide to do, you will have to spend some money beforehand. Your mind seems made up to buy the house so start working. Also, it is really not that much of a hassle as some make it. You just really need to know if that build is passing your local code, and from there its just apply and pay the penalties.
 
Last edited:
Get your own conveyancer, like in some countries they have two agents being the seller and the buyer. Did this twice now

1. My conveyancer told them to hold back 250k until the plans were approved. We got the transfer, renovated and they delivered plans after we were already moved in.

2. My conveyancer told me to walk away as every time they asked for something more problems arose. In the end we could have issued a 3 month ultimatum but it was easier to pay some costs and get out.

My conveyancer has no legal standing purely a consultant but they did all the negotiating and the selling agent and selling conveyancer could not argue or railroad a pleb like me.

Way less stress for little costs. The conveyancer is supposed to be impartial and work for both sides negating this argument, but in reality they get repeat business from an agent that just wants the sale pushed through
 
JustAsk said:
A servitude breach is not a DEAD NO, you can build there with permission as long as its more to the back, on the sides.
Click to expand...
Need permission from neighbor and that can get costly, Neighbor may say a flat no.

Servitude at back of my property is 5m. sewage.
 
No such thing as "as built" plans in Pta.
Anything that wasn't approved previously will need to be added as new work, which will need to adhere to the latest regulations and ultimately whoever signs off (engineer a d architect) will be taking responsibility for someone else's design and construction.

In most cases a 2nd dwelling is allowed for a residential zoned property. If not you may need a town planner to assist in the application for a 2nd dwelling. If you have a 2 kitchens, the council will see it as a 2nd dwelling.

Building lines can be relaxed if required but it's an extra step with neighbour consent if required. Servitudes very rarely can be encroached.

Plans could take 2 weeks or 2 years to get approved.
 
biena said:
Need permission from neighbor and that can get costly, Neighbor may say a flat no.

Servitude at back of my property is 5m. sewage.
Click to expand...
Yeah i know, i did say "with permission".

The point i was made was that it's not a solid no.
 
rodga said:
No such thing as "as built" plans in Pta.
Click to expand...
Yes, it exist everywhere , its not a localized thing.

But that is not the thing you should be focussed on. It is not geared towards this, its mostly used for lost plans. That was an unofficial workaround in very certain circumstances. With the limited comprehension some shows, let me rather remove that bit...
 
TaLamia said:
It's newish on the market but I believe they're going to struggle with buyers because the current renter is unhappy with it being listed so is restricting viewing to only 1 hour a week in the middle of the week and day time.
Click to expand...

Do you know when the lease expires because if there is one in place, it transfers to you after purchase. The purchase won't invalidate their lease.

Also sounds like it may be a tenant that might not want to get out. Watch out for that.
 
TaLamia said:
Oh no, definitely would do the OTP clause that plans need to be approved, just planning the alternative scenario in case the seller really doesn't want to go through the trouble of getting approval. If I can confirm everything will be approvable and seller is willing to give a major discount due to the extra trouble then I'm keen to play ball.
Click to expand...

Then they aren't even going through the trouble of wanting to sell it.

None of this should be a you problem...it shouldn't even be a conversation.

You would be an absolute idiot to take that on board...there's a good reason this hasn't happened and they are hiding it from you.

Walk away...or wait for THEM to sort it out.
 
You must log in or register to reply here.
Back
Top
Sign up to the MyBroadband newsletter
X