Building without approved plans: the risks

The law

Section 4 of the National Building Regulations and Building Standards Act says nobody may erect a building that needs plans without the council's prior written approval. Doing so is an offence, with a fine of up to R100 for each day the building work continues. The Act's general penalty allows a fine of up to R4 000 or up to 12 months' imprisonment. These are the amounts written in the Act; a court can apply them differently. Ekurhuleni's own FAQ warns of a fine or a court order to demolish.

Occupying a building without a certificate of occupancy is a separate offence under section 14.

What it costs to fix

Councils charge to assess plans for work that was built without approval, and some charge more than for new work:

Where it bites

• Selling. Banks ask for approved plans, and a court has held that missing approval can be a latent defect. See selling without approved plans.
• Insurance. Ask your insurer whether unapproved structures are covered.
• Neighbours. A complaint can bring an inspector.

How to fix it

Measure and draw the building as it stands, check it against the regulations and the zoning, fix what does not comply, and submit. See unapproved building work.

Questions people ask