A converted garage can look like the perfect home office. An enclosed patio may make a house feel more spacious. But before those improvements become part of a buyer’s plans, there is another question: does the paperwork match what has been built?
That question has relevance as South Africa considers amendments to its building legislation. Public comments on the proposed National Building Regulations and Building Standards Amendment Bill, 2026 close on 12 November 2026. The deadline was extended through Government Gazette 55540, General Notice 4195, published on 13 October.
The deadline is for comments, not commencement. Buyers and sellers should distinguish the proposals from the law already governing building work. Neither a pending Bill nor an attractive listing removes the need to investigate an alteration before committing to a transaction.
What the proposed building-law changes would do
The Bill proposes amendments to the National Building Regulations and Building Standards Act 103 of 1977 (“the Building Act”). Among its changes are revised provisions governing municipal approval decisions and appeals. Proposed section 9 would route certain appeals to the municipality’s executive authority, referring to the appeal structure in the Spatial Planning and Land Use Management Act 16 of 2013 (“SPLUMA”).
The draft also qualifies provisional authorisation to commence building work under section 7(6), including a condition concerning compliance with health and safety design requirements. Provisional authorisation is not an entirely new concept: the current Act already contains a mechanism. The proposal must not be described as a new general permission to build without approval.
At the research date, these remain proposals. Their eventual wording and commencement depend on the legislative process. For a transaction already being negotiated, the immediate task is therefore to establish the property’s existing position, not wait for a possible future reform to solve it.
What the law already requires
Section 4 of the Building Act generally requires prior written municipal approval for building work for which plans and specifications must be submitted. Its terminology extends beyond constructing a completely new house. Alterations and conversions can also require attention under the statutory framework.
Section 14 separately addresses certificates of occupancy and permitted occupation. A plan approval, a certificate of occupancy and an electrical compliance certificate should not be treated as interchangeable documents. Each answers a different question about the building or an installation.
For a buyer, the sensible enquiry is specific. What work was done? When was it done? Which approval relates to it? Are there conditions, outstanding inspections or notices? A folder containing old plans is useful evidence, but its existence does not show that every later alteration appears on them.
Building approval is not the whole land-use enquiry
SPLUMA gives an approved land-use scheme legal force and regulates the use and development of land. That planning framework is separate from checking whether a particular drawing received building approval. A buyer proposing a new use should investigate both questions.
Consider this illustrative example: a garage has been converted into rooms that a buyer hopes to rent separately. The buyer should ask a suitably qualified professional and the municipality about the proposed use, rather than assume that the presence of windows and a bathroom proves permission for the intended arrangement.
The same preparation applies to a proposed office or workshop. Explain the intended use to the adviser. Advice based on an ordinary family dwelling may not address the transaction the buyer actually has in mind.
Does missing approval automatically cancel the sale?
No automatic answer follows merely from discovering missing plans. The agreement, the nature of the defect, representations and applicable legal rules must be examined. This is particularly important where the sale includes a voetstoots clause, commonly understood as an agreement to buy the property in its existing condition.
In Odendaal v Ferraris (422/2007) [2008] ZASCA 85 (1 September 2008), the Supreme Court of Appeal considered unauthorised alterations and a voetstoots provision. It recognised that missing statutory approval could constitute a latent defect covered by such a clause. The buyer failed to establish the fraudulent concealment needed to escape the clause on the facts before the Court.
The judgment does not license dishonesty or make every approval problem harmless. It demonstrates why a buyer should not assume that discovering an irregularity automatically authorises cancellation, withholding performance or instructing a bank to stop a transaction. The available remedy requires legal assessment.
Obtain advice before sending a cancellation message. Preserve the advertisement, agreement, disclosure form, plans and correspondence. Describe when the problem was discovered and what each party previously said about it. An orderly account of events is more useful than an accusation unsupported by documents.
Ask for disclosure, then investigate the answer
Section 67 of the Property Practitioners Act 22 of 2019 requires a property practitioner to obtain the prescribed completed disclosure form before accepting a mandate and provide it to a prospective buyer intending to make an offer. It also deals with attaching the signed form to the agreement.
A disclosure form is not the same as municipal approval or an independent technical inspection. The section expressly preserves the consumer’s ability to commission an inspection. Use the information disclosed to identify questions, not as a reason to abandon further checking.
As a practical recommendation, ask the seller to explain extensions, enclosed areas, converted rooms and changes to outbuildings. Request available approvals and relevant municipal correspondence. Where the seller does not know the answer, record the uncertainty instead of replacing it with a reassuring assumption.
A useful approach is to take the available drawings to a qualified architectural professional for comparison with the existing building. Ask for the scope of that review in writing. A visual inspection of structural condition and a review of approval records are different assignments; confirm which service has actually been commissioned.
Obtain records through the correct municipality
Procedures for obtaining archived plans differ. For example, the City of Cape Town’s published process restricts copies of approved plans to the registered owner or an appropriately authorised architectural professional. That is an example of municipal procedure, not a universal instruction for every South African municipality.
For a Welkom property, establish the relevant local process and any authority the person requesting records needs. Ask which records are available and what an unsuccessful search actually means. A missing copy in the seller’s cupboard should not immediately be equated with proof that approval was never granted.
Conversely, do not treat difficulty locating a file as proof that approval must once have existed. Record what was requested, the response and any recommended next step. The distinction between a missing record and unapproved work needs evidence.
Put responsibility into the agreement before signing
An offer should reflect how an identified uncertainty will be handled. Discuss who will obtain documents, commission professional work, make any necessary application and pay the associated costs. Ask what happens if approval is refused or takes longer than anticipated.
These are drafting questions, not matters best left to an informal promise that the seller will sort everything out. A commitment to submit plans is different from a commitment to obtain approval. Clarify which outcome is intended and whether the transaction depends on it.
In an illustrative transaction, a seller agrees to approach the municipality about an enclosed patio. The buyer assumes this means all approvals will be issued before transfer. Those expectations may diverge sharply. A properly considered clause should address the required result, timing and consequences rather than leave them for later argument.
Avoid copying a clause from another transaction without review. The existing sale conditions, finance arrangements and proposed occupation date need to fit together. An amendment dealing with plans can create confusion if it contradicts a different clause promising unconditional performance by an earlier date.
Do not confuse legal and technical responsibilities
A conveyancer deals with the legal transfer process and the relevant transaction documents. An architect, engineer or other appropriately qualified professional addresses the technical questions within their expertise. Ask each adviser what they are reviewing and what remains outside their instruction.
For budgeting, request estimates for the work actually proposed. Distinguish document retrieval, professional assessment, preparing drawings, application charges and possible physical remedial work. Do not assume that paying for a drawing guarantees approval or eliminates a structural problem.
The aim is not to make every purchase more complicated. It is to discover whether a particular alteration creates an issue before the parties commit to a price, deadline and moving plan that ignore it.
Sellers should prepare before the property is listed
For a seller, a useful first step is to collect existing plans, approvals, completion records and correspondence. Note which alterations occurred during ownership and which predated it. Be clear about what is known personally and what has merely been repeated by somebody else.
Where documents appear incomplete, obtain advice before making assurances in the marketing material. Ask whether further investigation is needed and how uncertainty should be disclosed. An accurate explanation supported by records is preferable to an absolute claim that cannot later be substantiated.
Prepare a chronology of significant work, including the people involved and available invoices. It may help identify which professional can explain an old drawing or application. Preserve rejected applications and notices too; selecting only favourable documents can leave advisers working from an incomplete picture.
A proposed transaction may still be commercially workable despite a problem. The parties need a realistic assessment of options, cost and timing. What should be avoided is negotiating on the fiction that the issue does not exist.
What if the municipality has already issued a notice?
Section 21 of the Building Act provides a court-based mechanism for orders prohibiting unlawful building work or authorising demolition where the statutory requirements are met. The existence of enforcement powers does not mean that every missing plan results in automatic demolition.
Treat an actual notice as a document requiring prompt assessment. Keep its envelope or delivery record, identify any response date and obtain legal and technical advice. A sale negotiation should not become a reason to ignore an existing requirement or deadline.
What if you discover the problem after signing?
Keep the discovery separate from the decision about what to do next. Record what was found, who identified it and whether the conclusion is supported by municipal records or a professional report. Ask for uncertain observations to be described as uncertain.
Give your attorney the complete agreement and explain any payment, finance or occupation deadline approaching. Do not assume that an informal discussion with the estate agent extends a contractual date. Ask what communication or agreement is needed to protect the position while the issue is assessed.
Consider practical options without promising an outcome. Further investigation, an agreed amendment or another legally available remedy may need assessment. The appropriate response depends on the documents and facts, not simply on how disappointed either party feels.
Keep a record of proposed solutions and any estimates obtained. Where technical work is recommended, establish its scope before paying for it. A report should answer the question the transaction needs resolved, rather than create another expensive document whose purpose nobody clearly understands. Ask who will explain its findings and which decisions those findings will inform before commissioning further work.
Questions buyers and sellers regularly ask
Can I buy a house without having seen its approved plans?
The useful question is whether you understand the risk you are accepting. Request the relevant records and advice before committing, particularly where alterations are important to your intended use. Do not assume that appearance answers the approval question.
Will the proposed Bill legalise existing alterations automatically?
The published proposal does not announce a blanket amnesty for unapproved alterations. Its approval and appeal reforms should not be confused with an automatic regularisation of a particular property.
Does 12 November mean the rules change that day?
No. It is the extended public-comment deadline. Buyers and sellers must continue assessing transactions against the law applicable at the time, not an assumed commencement date.
Conclusion: buy the property you understand
The extra room that makes a property attractive should not become the uncertainty that dominates the transaction. Establish what exists, what was approved and what the agreement requires each party to do. Where there is a gap, investigate it before relying on a promise or an assumption.
The proposed reforms are a reason to pay attention to building administration. They are not a substitute for checking the property in front of you. A clear contract and properly scoped professional advice remain practical ways to make an informed decision.
Wessels & Smith Inc assists with property transfers, bond registrations and related conveyancing questions. Where alterations or missing approval records affect a purchase or sale, its team can advise on the transaction documents and the legal issues requiring attention.
Disclaimer: This article provides general legal information, not advice on a particular matter. Legal status was checked on 26 October 2026. Proposed legislation may change; obtain advice based on the applicable law, documents and facts.
