Case Decision - 352714

The permit application in respect of the above, received on 30 May 2024 reviewed by the KwaZulu-Natal Amafa and Research Institute (The Institute) on 24 July 2024 refers.   

Please be advised as follows: 

• The application was discussed however, the committee noted that there were alterations made to the property which have not been approved by Amafa. 
• The alterations were made to the main house
• The committee noted that the windows had been changed to aluminium (brown) windows, additionally the doors were also altered to match with the aluminium windows. 
• The applicant was required to submit previously approved plans which depict these alterations, a referral letter was sent on 2 July 2024.
• However, the applicant submitted plans that were approved in 1998. 
• During the meeting, the applicant was advised by the committee to submit previously approved plans which depict all the alterations made to the property or submit a rectification application - Form I with the applicable fee. 
• The applicant responded via SAHRIS private message on 21 August 2024, “Hi Nothando, the client stated that they did not do the window changes. The changes was piror [prior] to them taking occupation. They were uneducated about this matter. We as Spaceseva Architects were hired just to do the council submission work. In line with our motivation - we will supply affidavits explaining the above, as these window changes were considered minor building works under sans regulations and ethekwini [eThekwini] minor building works which does not require any plan submission or approval considering no opening wall sizes have been changed. Therefore we will not submit a form I as this is within our legal right. Thank you so much Nothando.”
• The applicant submitted an affidavit stating that the previous owner of the property is the one responsible for the abovementioned alterations. 
• In line with what the applicant has stated, it is worth noting that any structural building work that is defined as ‘minor building work’ does require authorisation from local building authorities prior to the commencement of any work on site.  
• According to Section 4(1) of the National Building Regulations and Building Standards Act states the following: “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 of this Act.” 
• Additionally, when the owner of the property purchases a property, they inherit the previous owner's structural deficiencies/unauthorized alterations made without approvals. 
• The applicant is required to submit a form I - rectification, with the applicable fee and a separate set of drawings depicting all alterations made to the property after the building had turned years old.

Written responses/requests for reconsideration of the application or consideration of new information must be loaded to the case on Sahris (email [email protected]) within 30 days of the date of this letter or any requirements/decisions contained herein will be considered final.  Extensions of this time frame can be requested upon receipt of motivation. 

Required additional information or revised drawings must be submitted within six months from the date of this letter or the application will lapse and a new application will be required. 

THIS LETTER DOES NOT CONSTITUTE FORMAL APPROVAL OF THE PROPOSAL SUBMITTED TO THE INSTITUTE.  UNAUTHORISED WORK CARRIED OUT ON THE ABOVE SITE WILL BE IN CONTRAVENTION OF THE KWAZULU-NATAL AMAFA AND RESEARCH INSTITUTE ACT (5 of 2018).