Wendy houses and plans - Watch out!
Category Newsflash
In our residential suburbs a Wendy house is mostly a prefabricated wooden structure erected in a garden used forstorage. The name originates from the story in JM Barrie’s Peter Pan but unfortunately we practice conveyancing outside Neverland, and we often experience delays and problems in our transfers due to these structures. There is a perception that a typical Wendy House (2x3m), which rests on the ground, is regarded as a temporary structure, and as such, does not require building plans.
NOT SO! Here is an extractfromtheNBRBS Act:
“NATIONAL BUILDINGREGULATIONSANDBUILDINGSTANDARDSACT 103OF 1977
1. Definitions
- In this Act, unlessthe context otherwise indicates, “building” includes:
- any otherstructure, whether of a temporary or permanent nature and irrespective ofthematerials used in the erection thereof,
- erected or used for or in connection with:
- the accommodation or convenience of human beings or animals;
- the manufacture, processing,storage, display orsale of any goods;
- the rendering of any service;
- Approval by local authorities of applicationsin respect of erection of buildings:
- No person shall without the prior approval in writing of the local authority in question, erect any building in respect of which plans and specifications are to be drawn and submitted in terms ofthis Act.”
So there is the conclusive answer. Even if it is small, temporary and used to store the lawnmower, the Wendy house in your garden is a building and should have had plans before you erected it! These plans are referred to as “Minor Works” and are not too expensive to have drawn by a draughtsman ( +R2000) and there is a scrutiny fee to pay to the City of Cape Town. But wait, it becomes more complicated. All properties have socalled building line restrictions, ie. a restriction against building to closely to the boundary (usually 1,5 m). Where did we put that Wendy house? Right up against the back or side wall of course! So now you have built over your building line and apart from plans, you will also need a “departure”, which requires your neighbours consent. There is no distinction between the above typical Wendy house and a larger structure, perhaps with a foundation, basic plumbing and electricity, used for
accommodation or a workshop.
Accordingly, please ask yourseller clients, ideally when taking a mandate (NOT just afterthe buyer has called to complain!), are his building plans up to date and filed atthe City? And of course, isthe Wendy house shown on the plans? This should avoid the situation we encounter so often during the conveyancing process, where the buyer suddenly finds out that the (Wendy) house as built is not properly shown on the building plans. A stubborn buyer will hold up the transfer and it will take all the skills of the conveyancing fairies to get the transfer registered! Of course, the Seller may avoid this potential area of conflict by excluding the Wendy house fromthe sale.
But wait, there’s more! Many parts of ourtown, including Parklands, have Home Owners Associations(HOA), which have their own set of rules regarding Wendy houses (and other structures). I enclose for example, the Parklands specifications for Wendy houses, please note theirmore restrictive rules. Please check thisissue with the applicableHOA before you list orsell. Click here formore info.
Accordingly,there is yetmore homework forthe seller or agentto do before listing the property forsale! Remember, ALL WENDY HOUSES need plans!
Andrew Murray
Miltons Matsemala Inc
30 August 2013
Author: Miltons Matsemala Inc
