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Tuesday Oct 11, 2016

How to sell without approved building plans

Approved building plans are required when selling a property, but in their absence there are options available.

"The first is to obtain approved plans for all unapproved buildings and or additions," says Mike Greeff of Greeff Christie's International Real Estate.

According to Martin Sheard of law firm STBB, a site plan of the unapproved buildings must be submitted to the local authority along with an application for approval.

"The second option is to sell your property subject to obtaining plan approval.

"You can start marketing your property immediately and submit your plans and application. If you receive an offer, make it subject to providing approved plans to the buyer before transfer," says Sheard.

"The third option is to let the buyer acknowledge the absence of approved plans and accept liability for the risks associated therewith in the sale agreement."

Greeff says this would only be advisable if the buyer intends to renovate or alter the building, in which case new plans would in any event be required.

"Whatever course you take, you should consult an attorney before making your final decision," says Greeff.

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