While homeowners may be fully capable of managing a building project, building work in South Africa is regulated through the national building regulations and the local authority. Failure to comply with regulations and the lack of necessary permissions or approvals could lead to costly circumstances for property owners. But are there exceptions? When and what can you build without plans in South Africa?
According to the Building Regulations, any structures under “minor building works” don’t need plan submission and approval. However, you still need permission from the municipality. In most cases, you’ll need to submit a sketch and appoint a competent to oversee the work.
Before we dive into this topic, it is essential to note that structures under “minor building works”, require permission from your local authority under a “minor building works” application. The building inspector has the right to request building plans if he feels it is necessary. In many cases, you’ll also need to appoint a competent person such as a registered architect or draughtsperson to oversee the work and ensure compliance with the building regulations.
In a nutshell, four different categories determine what documents you’ll need, whether or not you’ll require drawings, and the appointment of a competent person.
- NIL: Building works that require no application, fee, or drawings at all.
- MBW: Building works that require only a minor building works application, fee payment, and a basic sketch of the proposed work.
- MBW + Form 2: Building works that require a minor building works application, fee payment, a basic sketch of the proposed work, and the appointment of a registered competent person such as an architect, draughtsperson, or engineer.
- MBW + Form 2 + Drawing: Building works that require a minor building works application, fee payments, a detailed sketch of the proposed work, along with the appointment of a registered competent person as above.
The above requirements are based on the “minor building works” schedule published by city services. It is important to note that each municipality reserved the right to insist on a plan submission. To be sure, always contact your local municipality and let them know what kind of work you intend to do.
Let’s look at each category and elaborate on what the requirements are and what types of structures fall under each.
1. NIL
Building work that requires no application, fee payments, or drawings at all.
There is a lot of speculation about what you can build without building plans. I’ve heard people insist that carports, afdaks, verandah enclosures, sun decks, and even pools can be built without plans or even permission from the municipality. Unfortunately, most of this information is false, and there’s very little you can build without some sort of application. But, what can you build without plans or even a ‘minor building works’ application?
According to the “minor building works” schedule as published by City Services, only the following building work may be done without plans or an application:
- Child’s playhouse or cycle shed less than 5m2 in size.
- Wire Fence.
- Pergola’s that do not have a roof covering, such as roof sheeting.
- Barbed or razor wire along the top of walls or fences, not less than 1.8m above the ground and not encroaching over site boundaries or fixed to the inside of walls and fences as long as the installation ensures that no person can accidentally come into contact with the barbed or razor wire directly.
Again, to be safe, always give your local municipality a call before starting any building work.
2. MBW
Building work that requires only a minor building works application, fee payment, and a basic sketch.
According to the “minor building works” schedule published by City Services, the following types of building works do not need formal plan submission and approval but will need a “minor building works” application, fee payment, and a site plan with a sketch of the proposed building work.
- Poultry house not exceeding 10m2 in area.
- Aviary not exceeding 20m2 in area.
- Solid fuel store not exceeding 10m2 or 2m in height.
- Toolshed not exceeding 10m2.
- Greenhouse not exceeding 15m2.
- Swimming Pool Changeroom, not exceeding 10m2.
- Prefabricated moveable hut not exceeding 10m2; You may not use this for living in, sleeping, cooking or eating, or operating any form of business.
- Electric fence.
- Fishpond not exceeding 300mm deep.
- Re-positioning or replacing sanitary fixtures within a bathroom or similar.
- Conversion of sewer disposal system from septic or conservancy tank to a main sewer connection.
- Above-ground rainwater storage tanks, supported directly on the ground, with a height not exceeding 1.8 m and suitably screened.
For these types of work, you’ll need to submit the following:
- Minor Building Works Application.
- Minor building works fee payment. (Check with your local municipality to confirm the amount)
- A site plan with a basic sketch of the proposed building work.
3. MBW + FORM 2
Building work that requires a “Minor Buildings Works” application, with a basic sketch, and SANS 10400 appointment of a competent person.
In a nutshell, the “minor building works” schedule states that the following types of building works do not require formal plan submission and approval. However, these will require a basic drawing to be submitted along with the minor building works application, a fee payable to the municipality, and the appointment of a competent person according to the SANS 10400 form 2.
- Private swimming pool.
- The conversion of a door into a window, or vice versa, without increasing the width of the opening.
- The making of an opening in a wall does not affect the structural safety of the building.
- The partitioning or the enlarging of any room by the erection or demolition of an internal wall as long as it does not affect the structural safety of the building.
- Temporary event viewing stands.
- Jacuzzi.
- Any solar photovoltaic or solar water heating system where such installation is free-standing or where attached to the roof of a building the installation does not exceed a height of 1.2m above the top of the flat roof or 500 mm above the apex of the pitched roof.
- A wind turbine attached to a building (NOT free-standing) with a swept turbine blade area not exceeding 3.8m2.
- The replacement of a roof/roof covering (including the whole or part of the structural system).
For these types of work, you’ll need to submit the following:
- Minor Building Works Application.
- Minor building works fee payment. (Check with your local municipality to confirm the mount)
- A site plan with a basic sketch of the proposed building work.
- Completion of SANS 10400 Form 2 by an appointed competent professional such as a person registered with SACAP, or ECSA.
4. MBW + FORM 2 + DRAWING
Building work that requires a “minor buildings works” application, with a detailed drawing, and SANS 10400 appointment of a competent person.
The following building work does not require formal plan submission and approval but requires a detailed drawing of the structure submitted, along with a “minor building works” application. There will be a fee payable. You will need to appoint a “competent person” to sign the SANS 10400 Form 2, taking responsibility for the structure’s compliance. This “competent person can be anyone who is a registered architect, draughtsperson, engineer, engineer tech, or in some cases a builder registered with NHBRC.
- Open-sided car, caravan, or boat shelter that does not exceed 40m2. (Any shelter that has two or more enclosed sides does not fall under “minor building works” and will require building plan approval)
- Free-standing walls constructed of masonry, concrete, steel, aluminum, or timber or any wire fence that does not exceed 1,8m in height above ground level and does not retain soil.
- Shade shelter, not exceeding 40m2, is supported by a lightweight structure, is not enclosed on more than two sides by existing walls, and has an easily removable roof covering. A basic drawing may be requested for the shade shelter.
- Any retaining wall not exceeding 1.8m in height. Anything higher requires complete plan submission and approval.
- Open slatted timber sundeck that does not exceed 40m2.
- Replacement of suspended timber floor with solid concrete floor.
- The enclosure of a balcony or verandah.
To get approval for these types of work, you’ll need to submit the following to your local municipality.
- Minor Building Works Application.
- Minor building works fee payment. (Check with your local municipality to confirm the mount)
- A site plan with a detailed drawing of the proposed building work, showing compliance with the building regulations.
- Completion of SANS 10400 Form 2 by an appointed competent professional such as a person registered.