Do I have to provide BUILDING PLANS when I sell my house?
In terms of the City Council’s By-Laws, an owner of immovable property must be in possession of approved updated Building plans for the property. An owner must be able to deliver such plans to a purchaser when requested to do so.
The fact that the Deed of Sale does not stipulate that the Seller will deliver approved building plans at registration, does not relief the Seller of this responsibility unless the purchaser has waived this condition in the contract.
Should a property register and the purchaser, after registration, finds out that there are no updated building plans, the purchaser can go back to the Seller and demand that he delivers updated plans at the Seller’s costs. The Seller cannot rely on the voetstoots clause when requested to do so. unfortunately, this might result in legal action.