06/02/2025
But why do I have to submit building plans?
After months of planning and agonizing over budgets and details, plans are finally submitted to the Great Authority, who will cast its judgement on the results of the labour of us mere mortal architects. Otherwise known as The Municipality.
The Architects Act of 1970 bestowed the responsibility to check and verify that buildings are designed and built correctly on the Local Municipal Authorities. As with any Act promulgated by the government, specific laws are required to give ex*****on to the Act. The National Building Regulations (NBR) was created for this purpose. It provides for the establishment of an authority to ensure compliance (in this case the Local Authorities) and spells out duties and responsibilities to the parties.
(Heads-up property owners - you are the ONLY party responsible for what happens on your property and therefore also the only person responsible for compliance, or non-compliance, with the Law.)
The Act has been around for a while and most people's attitude towards it has been a bit, shall we say: happy-go-luck?
Lately, there has been a strong push from the Local Authorities across the country towards stricter compliance. Not only does your property have to comply with the NBR but all properties fall within the control of a Local Authority and are also subject to a Zoning Scheme.
Whereas the NBR tells you HOW to build, the Zoning Scheme tells you WHAT and WHERE to build. The Zoning Scheme limits the use of a property. For example, you can only build houses on properties that include the right to build a house under the zoning category of the property. It also stipulates how big you may build, how much of the property may be covered, how close you may build to a boundary, how much parking you are required to provide and many more parameters.
The law requires that building plans be submitted for approval for ALL construction. This includes that carport that you added after the supplier told you that they have never submitted plans for such a structure, the swimming pool, the pergola and even those "yeah, but I just changed a couple of walls internally" type of constructions!
The law requires that plans be submitted for approval PRIOR to construction and failure to do so potentially places the owner at risk of significant fines, in addition to be ordered to demolish and rectify any unauthorized construction.
As always, if you are unsure, speak to your architect for the correct advice.
And keep an eye out for our other posts - some funny, some not so much, but always informative!
