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Tips for the first time home builder

March 2017

“I have a vacant plot in a residential area which I am now
ready to start building my retirement home on. However,
everyone has warned me that a construction project is
complex and that I have to follow the right steps and get all
the right approvals before I start to avoid lots of headaches
later. So where should I start?” Commercial

All buildings constructed in South Africa must comply with the National
Building Regulations and Building Standards Act 103 of 1977 (the
“Act”), together with all Regulations issued in terms thereof. Local
authorities are also bound by the provisions of the Act, and any plans
and specifications, involving the construction or erection of a building
and/or structure, must be approved by your local municipality before
any construction commences.

A good place to start is to make contact with your local municipality’s
planning department and try and talk to the building control officer.
As each local municipality will have its own by-laws and rules, the
building control officer will be best suited to advise you on the specific
requirements for the area in which you plan to build and any possible
considerations you should take note of with regards to your project.
You must also establish what the zoning is of your vacant plot. The
zoning scheme regulations for the specific area will prescribe the use
of the plot and whether there are any restraints placed thereon. In
some cases, though these are not very common, the intended usage
of the plot might require further permissions in terms of environmental
and heritage affairs. You should also ask your attorney to obtain a copy
of the title deed of your plot to ascertain if there are any title restrictions,
servitudes or endorsements in the title deed which you should take
note of.

Appoint the necessary experts and do your homework well before
you make any appointments. Make sure that the architect, engineer,
builder or electrician is registered and obtain references from previous
clients on work they have done. Once you have your team, ensure that
you conclude proper contracts with your contractors. Here a word of
caution is appropriate. Although various ‘off the shelf’ contracts are
available (e.g. JBCC, NEC3 and the like), one must understand that
these contracts must still be carefully scrutinised and completed to
ensure that any associated risks are properly managed. As these

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