What Every Home Buyer Should Know Before Purchasing a Property in South Africa

Over the years, many clients have approached us to assess properties before they purchase them, seeking advice on whether they are worth renovating. This practice of involving a professional to evaluate a potential purchase is indeed prudent. With this in mind, I wanted to share some important information for prospective buyers.

Firstly, if a seller indicates, "No, we don’t have plans; they are at the council," this should raise a red flag. The seller is essentially stating that they do not possess a complete set of their own plans. It is the seller's responsibility to maintain a full set of current building plans that accurately reflect the property as built on site, which should be stamped and approved by the council or relevant municipality. If the plans provided are not stamped, they are not officially approved, and the council has no record of them; thus, they are not legally recognized.

I recently encountered a situation where a real estate agent claimed, "Getting plans from the Council has changed; you can't walk in anymore. You need to register online, and it takes ages to get them." This is incorrect. Council runners can typically obtain plans within a day or two, and these can be provided to potential buyers for review prior to viewing the property.

Please note that the council only retains a backup set of plans, which the property owner should already have. If the plans are not available at the council in any archive files, it is the owner’s responsibility to have the house redrawn and submitted for their records.

Before embarking on a renovation or addition, the architectural professional will either obtain or require the client to provide several key documents: a copy of the title deeds, a surveyor general (SG) diagram, a zoning certificate, and all previously approved plans. These documents are essential for understanding the site’s overall rules and regulations, including building restrictions, allowable extensions, height limitations, coverage and FAR ratios. They are also necessary when submitting new plans to the council for approval. Therefore, obtaining these documents in advance is beneficial.