Building that flat – do you know the rules?

Building that flat – do you know the rules?

Many people build, quite often without approved building plans, a flat onto their house. Exactly how the building works, be it attached to the house or detached from the house, is not the issue. As soon as it is a flat, you have built a second dwelling.
So how exactly is a second dwelling defined? Broadly speaking, once you install any area that can be seen as a kitchen area, Tshwane will see it as a second dwelling. And don’t think you are going to fool them by calling the building an entertainment area either, remember that they check these buildings for a living and know all the tricks in the book. They will have you sign a statement saying that you will not use or sell said part of the building as a flat. And as for selling a house with a flat without building plans, remember that the new Consumer Protection Act is now upon us, and you need to keep it in mind.

So where does it leave you if you either have built or would like to build a flat? Well you are going to have to apply for permission to build a second dwelling. For this you will need a building plan or at the very least (if you haven’t actually built yet) a site development plan. You will also have to decide who is going to do the application.
Most architectural people won’t do this for you, as they are into architecture, not endless paperwork. So it’s going to be you or someone appointed by you that does the work. Take some advice here, appoint a town planner. They know what needs to be done, can give you expert advice and tell you if what you are planning is feasible or not.

Remember that these rules apply to Tshwane, and might be different to your council. If you are at all unsure, I suggest you give your local councils’ building office a call and speak to them, they will inform you of exactly what it is you need.

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