Selling a property without approved building plans

It’s often the case that a seller would like to sell – and a purchaser would like to buy – a property without approved building plans or an occupation certificate. But what does the law say?

In terms of the judgement handed down in Haviside v Heydricks and another 2014(1) SA 235 (KZB), it was held that the voetstoots clause covers defects such as unapproved building plans. However, this does not apply if it can be proved that the seller was aware that no approved building plans or an occupation certificate were obtained for the structures erected.

The sale of improved property without building plans

Where a deed of sale is to be entered into in the absence of approved building plans or an occupation certificate, the following options are available to the interested parties:

• The seller can obtain approved building plans before marketing the property.
• The sale agreement can be made subject to a suspensive condition that building plans and an occupation certificate will be provided within a specified time frame.
• The purchaser can acknowledge the absence of the approved building plans and accept liability for the associated risks.

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Written by Wessel de Kock

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