04/10/2023
๐๐๐ฅ๐ฅ๐ข๐ง๐ ๐ ๐๐ซ๐จ๐ฉ๐๐ซ๐ญ๐ฒ ๐๐ข๐ญ๐ก๐จ๐ฎ๐ญ ๐๐ฉ๐ฉ๐ซ๐จ๐ฏ๐๐ ๐จ๐ซ ๐๐ฉ๐๐๐ญ๐๐ "๐๐ฌ ๐๐ฎ๐ข๐ฅ๐ญ" ๐๐ฎ๐ข๐ฅ๐๐ข๐ง๐ ๐๐ฅ๐๐ง๐ฌ
Should Sellers Provide Approved Building Plans When Selling Property?
The simple answer is no - it is not a legal requirement that the Seller provide a copy of the house plans. However, the National Building Regulations and Building Standards Act mandates that no person may erect, alter add to, or convert any building before the local authorities approve the building plans for the construction or alteration. Consequently, if approved plans are absent, the property owner would be committing a statutory offence.
When a property is sold, the Sale Agreement most often includes a โvoetstootsโ clause, which means the buyer accepts the property as is with latent (not visible) or patent (visible) defects. However, if the seller knowingly hides a latent defect and the buyer can prove this deception, the seller will remain liable for the defect and may be responsible for repair costs, or the sale could be nullified.
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Source - Meerushini Govender (Miller Bosman Le Roux Attorneys) / MacRobert Attorneys