Unapproved structures and illegal building work: what a buyer inherits

"The garage was converted into a granny flat a few years back" is the kind of casual line that shows up in a lot of Johannesburg property viewings — and it's worth pausing on every time, because whether that conversion has approved building plans changes what you're actually buying.

Why approval isn't a formality

Municipal building plan approval exists to confirm a structure meets structural, safety, electrical and zoning requirements. A structure built without approval — however solid it looks — hasn't been checked against any of that. Practically, an unapproved structure can mean:

• It isn't legally rentable or usable as advertised — a "granny flat" without approved plans for a second dwelling may not comply with the zoning's permitted use, regardless of how long it's been there.
• Insurance complications — some insurers exclude or limit cover for unapproved structures, or the whole policy, discovered at the worst possible moment (a claim).
• A bank may flag it during bond approval — an unapproved structure can affect the property's valuation or the bond itself.
• You inherit the compliance problem, not the previous owner — once you own it, any municipal enforcement action lands on you, not the person who built it.

How this usually surfaces (or doesn't)

Sellers aren't always being deceptive — many genuinely don't know an addition from years or decades ago was never formally approved, especially if they bought the property with the structure already in place. That doesn't change the buyer's exposure; it just means "ask the seller" isn't a reliable enough check on its own.

What to actually check

• Compare the property's aerial imagery history (see our piece on reading it) against what's currently built — structures that appear between vintages are worth specifically asking about.
• Ask directly whether approved building plans exist for every structure on the property, including additions, conversions and outbuildings — and ask to see them, not just be told they exist.
• Where there's doubt, a plans search at the municipality (or through a conveyancer) can confirm what's actually on record for the erf.

Why this belongs before your offer

Discovering an unapproved structure during transfer is a common cause of delay and renegotiation — a seller can often regularise it (submit as-built plans, pay any applicable fees) but that takes time, and it's a much easier conversation before a price is agreed than after.

The bottom line

A structure existing is not the same as a structure being legal. Ask specifically, check the visual history, and get approved plans confirmed — for every structure, not just the main house — before you make an offer that assumes they exist.

This is general information, not legal advice. Building plan requirements and regularisation processes vary; confirm with the municipality's building control department or a qualified conveyancer before relying on it for a transaction.