IMPORTANCE OF BUILDING PLANS
IMPORTANCE OF BUILDING PLANS
There is a common misconception that building plans are
needed only prior to the construction of a new home. Homeowners often overlook
the fact that many alterations and improvements made to their home also require
a building plan, which must be approved by the relevant municipality. In most
instances, a building plan is required when an alteration changes the structure
of the building. However, one should be aware that a building plan may even be
needed for additions that are done outside of the home itself but are located
on the property, such as:
Perimeter walls exceeding 1.8m (height is dependent on the
municipality’s by-laws),
Erection of new buildings such as a flatlet or garage,
Retaining walls,
Carports,
Conversion of existing garage into a habitable room,
Drainage alterations (applies to internal structures too.).
As a rule, any alteration or improvement that requires a
foundation will require a building plan. You should contact your local
municipality’s town planning department to check if a building plan is
necessary, before starting with any alteration. Each municipality will have
their own building regulation by-laws which will dictate when an approved
building plan is necessary. These by-laws may be found on the municipality’s
website.
Alternatively, one could contact a building professional to
enquire about local building regulations. It is important to be aware of the
cost attached to having a building plan approved. A fee will be charged by the
professional (architect, draughtsmen or engineer) who is contracted to draw up
the plan, as well as the municipality’s town planning department, where the
plans will be submitted for approval.
The cost involved should not deter one from obtaining an
approved building plan, as failure to have an updated and approved building
plan may result in serious consequences, such as the demolition of the
‘illegal’ alteration, hefty fines or even prosecution. Although one might think
that this happens only in extreme cases as building regulations may be poorly enforced,
there are occasions where not having a building plan can have other severe
consequences.
Insurances companies will not cover insurance claims to any
improvements to the property, where there are illegal alterations or
improvements (no approved building plans are in place). Again, it must be stressed that even if these
illegal structures are not attached to the main (home) structure it will result
in the invalidation of the entire claim for all improvements. Insurance
companies will not pay for damages to the home even if the illegal structure is
a perimeter wall. This is further compounded if there is a home loan on the
property, as the owner will need to maintain bond repayments, irrespective of
the house being damaged and the insurance company not being prepared to pay for
repairs.
It is crucial for home owners to ensure that there is an
approved building plan in place for all improvements to the property and that
potential home buyers ask for a copy of an approved building plans when
purchasing a home.
If you make an alteration or improvement to your property,
you must increase the insurance cover to include this, failing which the
insurer will only pro rata any claims for damages that they receive.
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