It’s often the case that a seller would like to sell – and a purchaser would like to buy – a property without approved building plans or an occupation certificate. But what does the law say?
In terms of the judgement handed down in Haviside v Heydricks and another 2014(1) SA 235 (KZB), it was held that the voetstoots clause covers defects such as unapproved building plans. However, this does not apply if it can be proved that the seller was aware that no approved building plans or an occupation certificate were obtained for the structures erected.
The sale of improved property without building plans
Where a deed of sale is to be entered into in the absence of approved building plans or an occupation certificate, the following options are available to the interested parties:
Written by Wessel de Kock