For most property sellers, the question of approved building plans only comes up after they’ve already signed an offer — often too late to avoid stress or delays. So let’s clear it up.

No — approved building plans are not legally required to transfer ownership of a property in South Africa. But that doesn’t mean they won’t become important. In fact, in many cases, not having approved plans can hold up the sale — or cost someone a lot of money.

Understanding your obligations upfront, knowing how plans affect the transfer process, and getting clarity on who pays for what will put you in a far stronger position — whether you're a buyer, seller, or property practitioner guiding the transaction.

Legislation

The National Building Regulations and Building Standards Act, 1977 dictates prescribed building standards and consistency in the erection of buildings in the areas of jurisdiction of local authorities It also stipulates that all building modifications and alterations require approval before being executed.

The Property Practitioners Act, 2019 makes provisions for protection of the consumer when they are enlisting the services of a property practitioner when selling or purchasing immoveable property. Section 67 of the Act alludes to the duties of the property practitioner with respect to the approved building plans.

There is some confusion in the industry over whether approved building plans a required for a property sale to go through. Although they are not required, it’s important for sellers to understand their responsibilities extend beyond merely accepting the offer to buy and leaving the property.

Approved Building Plans Are Not Legally Mandatory — But Often Expected

Under South African law, there is no legal obligation for the seller to provide approved building plans in order for the property to be transferred. However, there are several common scenarios where plans become a sticking point:

•     A buyer requests approved plans as a condition of sale in the Offer to Purchase
•     The bank financing the buyer’s bond insists on approved plans before granting the loan
•     The insurance company providing cover for the property requires it
•     The buyer wants to renovate or extend and discovers the property lacks lawful documentation

In these situations, approved plans become a suspensive condition — meaning the sale can’t go through until the plans are produced and approved.

Why You Must Disclose If Plans Are Missing

Even if the buyer doesn’t ask for approved plans, the seller has a legal duty to be transparent. If you know your property has unapproved structures or lacks plans entirely, and you fail to disclose this, it may qualify as a latent defect.

Latent defects are hidden flaws not easily visible during a normal inspection — and they carry serious consequences:

•    I f a seller knowingly conceals a latent defect, they may be liable for damages
•   The buyer could potentially cancel the contract or claim for repairs

By disclosing upfront, the buyer can decide whether they’re comfortable proceeding with the sale “as is”, or whether they want to make approved plans a condition in the agreement.

When Do Plans Become a Condition of Sale?

There are two main ways approved plans can be introduced into the sale agreement:

1. Buyer-Initiated Condition

The buyer includes a clause in their Offer to Purchase requiring the seller to produce approved building plans. This is common in newer builds, recently renovated homes, or when buyers intend to renovate further.

2. Financial Institution Condition

Even if the buyer doesn't request plans, their bank or insurer may require them as part of bond approval or underwriting. This means plans become a suspensive condition, and if they’re not provided, the buyer may not get financing.

Either way, the sale can't proceed until the issue is resolved — so it’s crucial that both parties understand the implications upfront.

Who Pays for Drafting or Replacing Missing Plans?

Here’s where things often become contentious. Drafting updated building plans (especially after renovations) isn’t cheap — a seller might face:

•   Architect fees
•   Council submission costs
•   Possible compliance upgrades

Total costs can range from R15,000 to R35,000+, depending on the property and municipal requirements. But who pays?

It depends on the agreement:

•   If approved plans were requested by the buyer, and the seller accepted this condition, then the seller usually pays for the drafting.
•   If the seller discloses upfront that plans are missing and the buyer accepts the property as-is, the buyer may assume responsibility if their bank or insurer later requires them.
•   In some cases, the buyer and seller may negotiate a cost-sharing agreement — this must be recorded in writing in the Sale Agreement to avoid confusion or disputes.

What If the Buyer Accepts the Property Without Plans?

If the buyer signs the Offer to Purchase knowing that plans are missing — and no condition is made for their provision — they have accepted the property in its current state.

But complications can still arise:

•   If their bank now insists on plans, the buyer is responsible for covering the cost
•  If they  refuse or delay, they may be in breach of the agreement, since the sale is now subject to a suspensive condition
• In some cases, this can result in the sale falling through

This highlights the importance of clear agreement wording, and why buyers should investigate the existence of approved plans before signing anything.

Role of the Property Practitioner in Disclosure

In South Africa, property practitioners (estate agents) are legally required to act in the best interests of both the buyer and the seller. This includes:

• Presenting buyers with a mandatory disclosure form
• Asking the seller about the presence (or absence) of approved plans
• Ensuring that the Sale Agreement clearly reflects what has been disclosed — and who carries responsibility for plans, if any

This form must be signed before or at the time of signing the Offer to Purchase, and is enforceable. It’s one of the most important safeguards in the transaction.

How to Get Copies of Approved Building Plans

If you’re the property owner and suspect that plans may be missing, it’s best to act early. Here’s how to get started:

Step-by-step:

1.   Contact your Local Authority or Municipal Planning Department
2.  R equest the application form (some allow online or email submissions)
3. Provide a copy of your ID, recent rates bill, and if applicable, a letter of consent if applying on someone else’s behalf
4. Pay any search and copy fees required
5. Wait for processing — timelines vary, but expect several weeks or more

In some cases, plans are missing from council records altogether. In this scenario, you’ll need to hire an architect or draughtsperson to recreate and submit plans for approval — which can take time and may require site inspections or compliance upgrades.

VDM Attorneys – Conveyancing and Property Transfer

Whether you're selling a home without plans or buying one with unknown risks, you need a conveyancer who does more than just process paperwork.

At VDM Attorneys, we guide you through every part of the property transfer — including potential red flags like missing building plans. We’ll help you understand your rights, your obligations, and the real-world implications of every clause in the agreement.

If you’re unsure whether plans exist — or what it means for your sale — contact us and we’ll help you get the answers before you sign.