The building inspector issues the Certificate of occupancy after he has inspected the property and he/she has made sure that all regulations have been met. This information is then placed on file with the city council for record purposes. This Certificate of occupancy is then issued in terms of Section 14(1)(a) of Act 103 0f 1977.
The building inspector must confirm that all inspections are carried out from time to time during the erection of the building, the related building has been erected in accordance with the provisions of the National Building Regulations and Building Standards Act, No 103 of 1977, (the Act) and the conditions on which approval was granted in terms of section 7 of the Act.
From 2007 there was an amendment in legislation where it is expected that all owners who build on or adding to their existing home (i.e. second-hand houses) must now also have a certificate of occupancy after adding on. The implementation of the new regulation in the law was not applied by many owners, but in 2022 banks have now taken over the reins with FNB in the lead. When buyers buy properties from sellers, inter alia, mortgages are approved but subject to an occupation certificate with approved plans that must be handed in by the seller to the transfer Attorneys and then to the bank.
It has now happened repeatedly in 2022 and is now happening again at the start of 2023 that transactions/registration of properties being sold can be delayed for up to six months because sellers do not have approved building plans and Certificate of occupancy. Sellers must then obtain new building plans; inspections must be performed on foundations, electrical time, plumbing work, etc. before an occupation certificate can be issued.
It looks like the other banks will follow FNB and will also approve mortgages where buyers qualify, but will be subject to sellers having approved building plans in place with Certificate of occupancy which must then be submitted to their conveyancing Attorneys. The reason why banks request this is to protect themselves against claims from new owners if there should be defects in a house that has been added to and the onus now shifts from the banks to the municipality that issued the Certificate of occupancy when claims arise.
The following information is important when apply for a building plans and Certificate of occupancy.
“Only the registered property owner or a duly authorized architect /draughts person will be provided with any copies of previously approved building plans.
The following documentation is required for obtaining previously approved plans:
• A copy of all Owners ID documents • Rates account paper (Municipal account) • Complete the application forms attached and email it to your relevant district office.
Also provide written permission (a letter of authority) when obtaining copies on behalf of the registered owner. Section C of the application form should then also be completed by the authorised person.
Please ensure you indicate on the form what copies you require i.e. latest plan copy, site plan, ground floor plan etc.
The City charges a search fee per request for copies of plans, a minimum of R80.00”
These prices will change in the future.
Tel: 021 444 7846| Email: emelda.eckleton@capetown.gov.za| Web: www.capetown.gov.za
Take note that person e-mail address can change in future, but all info is on the City of Cape Town’s website that includes the relevant forms that is needed.
1 BDM 14 - Application for permission to obtain copies of building plans,
2 FORM 4 - NATIONAL BUILDING REGULATIONS AND BUILDING
STANDARDS ACT, 1977 (Act No. 103 of 1977) - CERTIFICATE OF COMPLETION OF THE STRUCTURAL, FIRE PROTECTION, FIRE INSTALLATION SYSTEM OR ENERGY USAGE IN A BUILDING,
Dirk Boshoff is the Director of Spiral Sight Properties.
Dirk is a successful leader in culture, sport and business related fields. His career achievements include:
Manager and second in charge of the Immigration Department of the Western Province, Chairman of High Profile Forums, Head negotiator for union members in the Western Province
He also successfully completed several diplomas, a degree qualification, as well as a post graduate degree via UNISA in labour relations management at UNISA. He then went on to complete several courses in the estate agency industry and passed the examination for Estate Agents at the Estate Agency board of South-Africa.
Dirk started in the property business in 2005 as an agent and received the agent of the year award and the passion award in 2005 & 2006 respectively.
Dirk Boshoff was the first agent in South Africa to successfully hand in his completed RPL (recognition of Prior Learning) and has been deemed competent by the Assessors to continue doing Business in the Estate Industry. He also completed his National Certificate: REAL ESTATE; Level 5 for Principals.
This course is mandatory to all estate agents who want to stay in the industry after 2011. He also passed his MPRE – Master Practitioner in Real Estate (NQF 5) exam successfully.