… know where council approval is required
Planning to renovate, extend or alter your home or business premises?
While a fresh coat of paint or new kitchen cupboards may seem straightforward, some seemingly simple changes can cross the line into work requiring municipal approval.
According to Muzikayise Masina PrEng, MBA, Director Technical Services at the Municipal Council of Mbabane, property owners should understand the difference between routine maintenance and work that changes a building’s structure, size, layout or use.
1. What work can be done without building-plan approval?
Masina said cosmetic works, repairs and small routine maintenance that do not alter the structure, size, layout or use of a building generally do not require approved building plans.
This would typically include:
- General painting
- Replacing floor finishes or tiles
- Replacing kitchen cupboards and countertops
- Similar general maintenance and repairs
However, he noted that the Building and Housing Act, 1968 requires owners to maintain buildings in a safe and sanitary condition. The Act defines ‘to construct’ broadly to include altering, erecting, extending, installing or fitting a building.
Importantly, Section 10 of the Act provides that construction or demolition of a building may not be undertaken without a permit from the local authority.
Masina explained that approval becomes necessary when renovations move beyond cosmetic maintenance and involve:
- Structural alterations
- Extensions
- Demolition
- Changes to the approved building layout
- Changes in the use of a building
The Mbabane Town Planning Scheme, 2016 similarly requires a building application before the erection or structural alteration of a building.
“For example, replacing kitchen cupboards would ordinarily not require building approval, but removing or adding walls, enlarging openings, changing structural elements, extending the kitchen or materially altering drainage or sewerage arrangements would require approval and, where applicable, approved plans,” he said.
Even routine work can require permission if it affects a public space. Under Regulation 5 of the Building Operations Regulations, 1969, written permission from the local authority is required where scaffolding, hoarding or other construction activities may obstruct or endanger the public.
The simple rule; painting, flooring, replacement of finishes and normal maintenance generally do not require building-plan approval. Once work becomes structural or materially changes the approved building plan, municipal approval should be obtained before work begins.
2. Which structural changes require approval?
Structural alterations require municipal approval and approved building plans before work begins and this applies to both residential and commercial properties. These include:
- Demolishing a building or part of it
- Removing or adding walls
- Extending a building
- Adding rooms
- Changing the roof structure
- Constructing additional buildings or outbuildings
- Constructing carports
- Making other alterations that materially change the approved structure
The Standard Building Regulations, 1969, Regulation 5 require construction applications to be accompanied by working drawings, a block plan, structural details where required, sewerage and drainage plans, relevant town-planning drawings and any further information required by the local authority.
The prescribed Building Application Form also provides for new buildings, alterations and additions.
Demolition has its own requirements
Demolition specifically requires a permit. Regulation 21 of the Building Operations Regulations, 1969 requires anyone intending to demolish a building to make a written application to the local authority. For a building within Mbabane’s jurisdiction, this would be the Municipal Council of Mbabane.
Under Regulation 22, demolition must be carried out under the direct supervision of a competent person, namely a certified and registered professional Structural Engineer experienced in demolition work.
Furthermore, Section 11(3) of the Building Act allows the City Engineer to require information on proposed demolition methods and safety precautions. Depending on the scale and complexity of the demolition, the council may, therefore, require a demolition method statement and appropriate structural engineering input.
The approval principle applies equally to residential and commercial properties, although technical requirements can differ according to building classification. The Building Act classifies buildings according to their use, meaning residential, business, public and industrial buildings may have different safety, fire, structural and other requirements.
3. What about external changes?
External works can also require the council’s approval, depending on their nature and extent.
Boundary walls and gates
These are subject to municipal development-control requirements, particularly regarding height, position, design, traffic safety and visibility.
The Mbabane Town Planning Scheme, 2016 provides that the material, design, height and position of fences or enclosures must be to the satisfaction of the council. It also prohibits fences or gates that create hazards or interfere with emergency access.
The Urban Government Regulations impose additional visibility restrictions on boundary walls and fences at street corners.
- Paving and parking
- Paving and parking areas may require approval where they alter:
- An approved Site Development Plan
- Parking arrangements
- Vehicular access
- Stormwater arrangements
- The development of the site
The Town Planning Scheme treats streets, paving, filling, grading and excavation as forms of development. Approved Site Development Plans also address entrances, exits, internal parking areas, access and elevation treatment.
Signage
Municipal permission is required for signage. Section 25 of the Mbabane Town Planning Scheme Development Code provides that advertisements may only be displayed on land or buildings with the written permission of the council, except where a particular category is expressly permitted without individual permission and subject to specified conditions.
Awnings, canopies and shopfronts
Where these involve structural work, attachment to a building, alteration of an approved façade, occupation or projection over public space, or a material change to the approved building, prior municipal approval should be obtained.
Ordinary exterior repainting would generally be considered maintenance rather than structural alteration.
However, Masina advised owners to consult the council where external treatment could be affected by planning, heritage, signage or other development conditions.
Commercial developments can also face additional requirements around parking, loading, access, signage, fire safety, public safety and approved Site Development Plans.
4. Can you simply turn a house into a business?
No. A change in the use of a property should not be undertaken without first obtaining the applicable Council approvals. There are two key considerations:
Town-planning approval
The proposed use must first be assessed against the property’s zoning under the Mbabane Town Planning Scheme.
Where the proposed use is a conditional use within that zoning, an application for Special Consent may be made. The scheme provides that Special Consent applies to uses that may be acceptable in a zoning district subject to appropriate controls and conditions.
Where the proposed use is materially inconsistent with the zoning and cannot appropriately be authorised through Special Consent, rezoning may be required.
Under Clause 1.7 of the Mbabane Town Planning Scheme, rezoning constitutes a variation of the approved Scheme and is processed in accordance with the Town Planning Act, 1961.
Building approval
The Building Act separately regulates changes in the use of a building. Section 8 provides that where the use changes so that a building falls into a different building class, it must comply with the requirements applicable to the new class.
Section 10 expressly requires a local-authority permit before changing the use of a building. The Building Forms Regulations, 1968 consequently provide a prescribed application for a permit to construct or change the use of a building. A change of use may also trigger additional requirements covering parking, access, fire safety, health requirements and services.
5. What happens if you build without approval?
Unauthorised building work or a change of use without the necessary approvals constitutes a contravention and can result in enforcement action.
Section 19 of the Building Act empowers the engineer to issue a written notice requiring unauthorised work to be pulled down, altered or amended to comply with the Act.
If the owner fails to comply, this constitutes an offence. The council may undertake the corrective work itself and recover the associated costs from the property owner.
The Mbabane Town Planning Scheme also allows the council to order:
1. Discontinuation of illegal land or building use
2. Removal of illegal buildings, additions or alterations
3. Discontinuation of illegal building work
4. Other appropriate enforcement action
The scheme further provides for fines and allows legal proceedings to be instituted to prevent, restrain, correct or abate unlawful development or land use.
Unauthorised alterations can also create difficulties when a property is later sold, transferred, valued, insured or further developed, particularly where the physical building no longer corresponds with plans and approvals held by the council .
There are also safety and insurance considerations. While municipal approval helps ensure structural alterations comply with applicable building and safety standards, the precise insurance consequences depend on the relevant policy and circumstances of a claim.
Upon completion, a new, altered or rebuilt building may also not be occupied until it has been inspected and certified as Fit for Occupation in accordance with Section 15 of the Building Act.
6. Unsure whether you need approval? Ask before you build
Masina encouraged property owners to consult the municipality before commencing work whenever there is uncertainty. “It is considerably easier to establish the approval requirements before construction starts than to regularise unauthorised work afterwards,” he said.
At the Municipal Council of Mbabane, enquiries can be directed to the Department of Technical Services and/or the Department of Planning and Environment.
These departments can advise on:
1. Building-plan and building – permit requirements
2. Structural alterations and demolition
3. Planning and zoning requirements
4. Special Consent or rezoning requirements
5. Parking, access and Site Development Plan requirements
6. Signage and other external development controls
7. Additional technical, environmental, public health or other approvals that may be necessary.
For property owners, the safest approach is simple: Before demolishing, extending, adding to, structurally altering or changing the use of a building, consult your local municipality and obtain the required approval before work starts.
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