Although the seller is not obliged to provide copies of approved building plans to prospective buyers, it is also the buyer’s right to ask for them. It can be tricky to obtain the necessary building plans unless provided by the seller. For this reason, buyers might request to include a clause to that effect in the offer to purchase (OTP).
READ: The 3 most common reasons home sales fall through
“Making sure that you have approved plans before you start the process of selling your property is smart,” says Adrian Goslett, Regional Director and CEO of RE/MAX of Southern Africa. “It proves to prospective buyers that what they see is what they’re getting. It is also a useful strategy for preventing problems from arising later in the process, which could potentially stop the transaction before it can be finalised,” he notes.
All homeowners should have a copy of the plans for the home on hand. If this is not the case, Goslett explains that if plans exist for the home, then these can usually be acquired from your local municipality. “Sometimes, though, municipalities do not have copies of plans on record because something could have happened to their records (e.g. there might have been a fire). Occasionally, plans might have never been drawn up because, for example, the building is very old and has never been altered,” Goslett explains.
When this happens, and a homeowner is unable to acquire the building plans for their home, it then becomes the current owner’s responsibility to have plans drawn up and submitted for approval.
On the other hand, Goslett warns that if the building plans that a homeowner receives from the municipality does not fully resemble the buildings on the property, then the homeowner will need to get new plans drawn up and submitted for approval if these differences are considered major alterations.
READ: Tips for selling in a buyer’s market
As a general principle, any major structural changes will mean that plans must be submitted to the municipality before building can proceed. However, minor building work does not need planning permission. Some examples include:
- Outdoor structures like a garden shed, a pergola, or a gazebo that are less than 5 m2
- Repairing or replacing your roof with similar materials
- Internal alterations that do not affect the structural safety of the building
If the changes are significant structural alterations (for example, if there is an additional room), then plans need to have been submitted. If not, the responsibility then lies on the current homeowner to have new plans drawn up and approved to reflect the changes. “The municipality could either reject the plans and/or penalise the owner and could even demand that any illegal structures be demolished. That is why many buyers will insist that the seller provides up-to-date approved plans of the property before they will agree to sign an OTP,” says Goslett.
Those who are trying to sell without the necessary planning approval are encouraged to contact their nearest RE/MAX office for some advice on how to address this. “As industry experts, real estate professionals are there to guide buyers and sellers through every step of the home buying and selling journey. Having a reliable RE/MAX agent on your side can help you to navigate through the challenging aspects of any home sale and will make the process a whole lot smoother for you,” he says.
READ: 7 Upgrades that will improve your home's kerb appeal dramatically
According to Arnold Maritz, Co-Principal of Lew Geffen Sotheby’s international Realty, last month, shared 10 proactive steps you can take as a home seller and explained there are essentially two primary types of delays when selling a home; the first relating to the confirmation of the sale and those that occur once the sale has been confirmed and hold up the transfer.
“Once the potential minefield of multiple complex steps, reams of documentation along with suspensive conditions and contractual obligations has been successfully navigated and the deal is finally done, many people breathe a sigh of relief.
“But the deal isn’t quite done yet and the expected downhill cruise to transfer can still become an uphill battle if one isn’t careful.”
He says that many of these delays can quite easily be avoided or resolved through good communication and prompt co-operation with the transferring attorney and agent but if sellers have addressed the following points, they can offset many problems before they occur:
1. Have Approved House Plans Ready:
If you've made structural changes to your home, such as adding a room or renovating the kitchen, ensure that you have all the necessary permits and approved house plans ready for potential buyers.
Buyers often want to see these documents to verify that the work was done correctly and legally and getting plans approved with the Council can take many months which is probably a lot longer than most buyers would be willing to wait.
2. Get Your Certificates of Compliance Done:
If you are even thinking about selling your home at some point in the near future, it’s a good idea to get a head start on your compliance certificates.
Property owners are required by law to ensure that the property is legally fit for sale and before the transfer can take place, the transfer attorney must be in possession of the relevant COCs and, although the process is quick and simple, if there are any major issues to be addressed, it could delay or even scupper the sale.
READ: Exploring property transactions: an A-Z guide
Additional Information: There are up to 5 compliance certificates to be obtained when selling a home:
Agreements of sale may provide for up to five different types of compliance certificates to be obtained by the seller (unless otherwise agreed upon). These certificates must be provided to the conveyancer before the property transfer is registered.
Conveyancing and Property Law attorneys at Abrahams & Gross has put together a list of some important aspects in respect of each compliance certificate.
Electrical compliance certifies that the electrical installation on the property complies with the required safety standards (governed by the occupational health and safety Act)
Often remedial work is required which may take some time (best to attend as soon as possible)
The certificate is valid for two years unless alterations are made prior to the expiration date
Parties cannot contract out of/agree to waive
Beetle certificates certifies that the accessible wood of permanent structures, on the property, does not contain any wood destroying beetles
Usually valid for 3 to 6 months
Not governed by any specific law, but has become practise upon change of ownership of property
If parties agree that no certificate is necessary and the bank requires it for the purchaser’s bond, then this is for the purchaser’s expenses
Gas certificates certifies that the gas installation on the property complies with the Occupational Health and Safety Act and requires safety standards
A certificate must be obtained on installation
If any change or amendment is made, a new certificate must be obtained
Cannot contract out of or agree to waive
Plumbing certificates certifies that the water installation at the property is in line with the City of Cape Town Water By-laws
*Only applicable to transfers within the municipal jurisdiction of the City of Cape Town
A new certificate must be obtained upon every change of ownership
Parties cannot contract out of this or agree to waive
NB! Does not confirm all plumbing works in perfect condition!
What does the plumbing certificate confirm?
The water installation conforms to the national building regulations; the property’s water meter is in working order; there are no defects that can cause water to run to waste; and no rainwater leaks into the sewerage system
Electric fence certifies that the electric fence installation complies with the required safety standards in terms of the Occupational Health and Safety Act
An existing certificate may be transferred by the seller to the purchaser
A seller need only provide a new certificate to the purchaser if a change was made to the installation after the current certificate was issued
If sectional title, obtain from the body corporate
Parties cannot contract out of/agree to waive
Get expert property advice
It is always recommended that sellers do their inspections at the listing stage and then they will know what they are in for in terms of repairs. In addition, although it is usually required that the seller should provide the purchaser with the certificate by no later than the date of transfer, it is best that the inspection and remedial work is at least done before occupation by the purchaser and better still even earlier, as most banks now request a copy for purposes of clearance of the bond for lodgement.
READ: Are you having trouble selling your house? Try this…
3. Complete Repairs and Inspections in Advance:
Before listing your home, conduct a thorough inspection to identify any necessary repairs or maintenance tasks and address these issues in advance to prevent them from becoming deal-breakers during negotiations.
4. Organise Financial Documentation:
Gather all essential financial documents ahead of time and if there are outstanding liens or debts on the property, work to resolve them before listing. Having your financial affairs in order can expedite the closing process.
5. Price Your Home Realistically:
Overpricing your home can lead to extended time on the market, resulting in frustration and potential financial losses.
Work with an experienced real estate agent to determine an accurate and competitive listing price based on market conditions, recent sales in your area, and the unique features of your home. A well-priced home is more likely to attract serious buyers quickly.
6. Declutter and Stage Your Home:
A cluttered or poorly presented home can deter potential buyers and prolong the selling process. Invest time in decluttering, depersonalizing, and staging your home to make it more appealing to a wide range of buyers. A well-presented home not only sells faster but may also command a higher price.
7. Be Flexible with Showings and Negotiations:
Being inflexible with showing schedules or negotiations can discourage potential buyers and lead to delays. Be open to accommodating reasonable showing requests and be willing to negotiate in good faith. A flexible approach can help maintain the momentum of the sale.
8. Secure a Qualified Real Estate Agent:
Selecting the right real estate agent is crucial in avoiding delays and frustrations. Choose an experienced agent with a strong track record and local market knowledge as they will guide you through the process, manage expectations, and proactively address any issues that arise.
READ: The role of a real estate agent : What you need to know
9. Anticipate Buyer Contingencies:
Buyers often include contingencies in their offers, such as home inspections, appraisals, or financing approval. Be prepared for these contingencies and ensure that your home is in good condition to pass inspections and appraisals. Clear any potential roadblocks to financing approval, such as unresolved liens or disputes.
10. Be Ready to Negotiate Repairs:
After the home inspection, buyers may request repairs or concessions. Be open to negotiating these requests to keep the deal on track. Addressing concerns promptly and reasonably can prevent delays caused by disagreements.
“A well-prepared and organised approach to selling your home is essential for avoiding frustrating and costly delays and by taking these proactive steps, you can increase the likelihood of a smooth and timely sale,” says Maritz.
READ: Selling: A closer look at an agent’s role
Additional information:
Agreements of sale may provide for up to five different types of compliance certificates to be obtained by the seller (unless otherwise agreed upon). These certificates must be provided to the conveyancer before the property transfer is registered.
Conveyancing and Property Law attorneys at Abrahams & Gross has put together a list of some important aspects in respect of compliance certificates.
Electrical compliance
- Certifies that the electrical installation on the property complies with the required safety standards (governed by the occupational health and safety Act)
- Often remedial work is required which may take some time (best to attend as soon as possible)
- The certificate is valid for two years unless alterations are made prior to the expiration date
- Parties cannot contract out of/agree to waive
Beetle certificates
Certifies that the accessible wood of permanent structures, on the property, does not contain any wood destroying beetles
- Usually valid for 3 to 6 months
- Not governed by any specific law, but has become practise upon change of ownership of property
- If parties agree that no certificate is necessary and the bank requires it for the purchaser’s bond, then this is for the purchaser’s expenses
READ: Selling? Your complete guide to compliance certificates
Gas certificates
Certifies that the gas installation on the property complies with the Occupational Health and Safety Act and requires safety standards
- A certificate must be obtained on installation
- If any change or amendment is made, a new certificate must be obtained
- Cannot contract out of or agree to waive
Plumbing certificates
Only applicable to transfers within the municipal jurisdiction of the City of Cape Town
- Certifies that the water installation at the property is in line with the City of Cape Town Water By-laws
- A new certificate must be obtained upon every change of ownership
- Parties cannot contract out of this or agree to waive
- NB! Does not confirm all plumbing works in perfect condition!
READ: Building plans and compliances - get your home in order before selling
What does the plumbing certificate confirm?
- the water installation conforms to the national building regulations;
- the property’s water meter is in working order;
- there are no defects that can cause water to run to waste; and
- no rainwater leaks into the sewerage system
Electric fence
Certifies that the electric fence installation complies with the required safety standards in terms of the Occupational Health and Safety Act
- An existing certificate may be transferred by the seller to the purchaser
- A seller need only provide a new certificate to the purchaser if a change was made to the installation after the current certificate was issued
- If sectional title, obtain from the body corporate
- Parties cannot contract out of/agree to waive
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