Advice and Opinion

Permission required for ‘minor building work’ says RE/MAX

Property development generic

Even though it is not required to submit building plans for projects defined as ‘minor building work’, home owners will still require written permission from their local authority before they start, says Adrian Goslett, Regional Director and CEO of RE/MAX of Southern Africa.

He points out that the National Building Regulations and Building Standards Act (Act 103 of 1977), states in part 13 (1)(a) that to undertake any building work, even if the project falls under “minor building work”, the home owner will have to apply to their local authority for authorization. The home owner will need to receive written permission from the building control officer, following on receival of a permit application from the owner, before they can start their project. Written permission granted to the home owner in terms of section 13 of the said Act, therefor exempts them from submitting formal building plans.

Christo Hamman, Manager of Building Control at the Hessequa Municipality says: “We require a formal decision, in terms of section 13(1)(b) of the Act, by our Building Control section, following an application by the owner for minor building works. An approved building fee is also required. The reason we require homeowners to obtain authorization is because of the numerous legal issues regarding for instance building lines, view, aesthetics, etc.  While homeowners are entitled to undertake minor building projects (see definition of “minor building works”) without formal building plans, they need to adhere to the requirements of section 13 in the Act. Obtaining authorization beforehand will ensure that they are proceeding with the project in the correct manner and erecting the building in accordance with the directions specified in such authorization.”

According to Goslett, even erecting a temporary structure as such as builder’s shed will require permission from the local authority. “It is not just the project itself that will have to given the thumbs up by the local municipality, but also all other structures that may need to be put up during the period the project takes place,” says Goslett.

To provide permission for a temporary structure, in terms of SANS 10400: Part A23; the municipality will require the following information:

  • The buildings intended purpose and the length of time it will remain on the property.
  • Where the homeowner intends to erect the structure.
  • The availability of suitable materials from which it may be constructed.

In conclusion, Goslett says that before starting any building project, be it minor building work or otherwise, it is advisable to contact your local authority and obtain permission upfront.