5 Red Flags to Check Before Buying a Property

Buying a property, whether it is a home or a vacant plot is likely to be one of the biggest financial investments you will make in your life. In Cape Town, Somerset West, Stellenbosch, and across the Winelands, it is common for buyers to fall in love with a property’s view, finishes, or potential for upgrades, only to discover costly architectural and municipal compliance issues after the transfer has gone through.

It is important to be aware that in South Africa, if there is a voetstoets clause, any pre-existing problems will become your problem. So before waiving your suspensive conditions or signing an unconditional Offer to Purchase (OTP), here are five common red flags every buyer should first check.

1. Missing As-Built Plans and Unapproved Alterations

It is not uncommon to come across a property that is either missing the approved council plans or has unapproved alterations. In well run municipalities and much of the Western Cape, obtaining a copy of your house plans is relatively easy, but sadly it might prove much more difficult obtaining plans from some municipalities. Unapproved alterations are a common issue resulting when homeowners are deterred by cost or inconvenience of getting council approval, or resulting from ignorance of the law. Mostly you’ll find this as enclosed stoeps, converted garages, secondary flats, or knocked-through open-plan living spaces that were completed without municipal building plan approval.

The Risk:

When you decide to make alterations to your property or decide to sell, the municipality or even the bank providing finance may require you to regularise the entire structure at your own expense before approving new work.

The Quick Check:

Ask the estate agent for the last approved municipal plans and compare the room layouts on the plan with what exists physically on site.

2. Boundary Line Infractions & Carport Extensions

Another common problem are physical structures that are built across the boundary line permitted by the municipality and are thus a legal infraction. In some cases structures over the building line are legal because a relaxation of the restrictions has been granted by authorities for the structure in question.

The Risk:

Like in point number 1, unapproved encroachments over the boundary line can result in neighbour disputes or delay building plan approvals until a Land-use management application has been approved by your local municipality.

The Quick Check: 

At times it can be difficult to discern if a structure is over a building line without having a surveyor check for you, but what you can do is to look for structures that are built right up against the side and rear boundaries. You can ask to see the latest plans and to see the departure approval letter from Land-use management if you note boundary encroachment.

3. Restrictive Title Deed Conditions (Roof Finishes)

Older properties in Somerset West have specific restrictive conditions in their title deeds that relate to permitted roofing materials, height limitations, or single-dwelling limits. One reason behind some of these limitations relates to properties that were once part of larger farms. In order to maintain an aesthetic across properties when they were sold individually, constraints were added to the title deeds.

The Risk:

It is important to check the title deed for restrictive conditions because even though the municipality might approve the building plan, the title deed conditions remain legally enforceable by surrounding neighbours, which can lead to friction or forced material changes.

The Quick Check:

Have a professional (like an architect, or attorney) review the property’s Title Deed clause during your OTP conditional period. Checking this early could save you a lot of pain later.

4. Slopes & Stormwater Drainage

Properties built on slopes offer incredible views but the steep contours on some of these sites require proper retaining walls and proper subsoil drainage.

The Risk:

If there isn’t proper drainage on the site this can lead to damp coming through the structure during the winter rains in the Western Cape. Additionally, if retaining walls don’t have proper drainage, they can suffer structural damage over the long term.

Quick Check:

Look for signs of cracking and damp on retaining walls both internally and externally. Further, it is advisable to look at the site as a whole to see if there are any areas where water may be pooling up which are indicative of poor stormwater drainage.

5. Structures Older Than 60 Years (Heritage Protection)

Any building or boundary wall older than 60 years in South Africa is defined as a Heritage structure as per legislation. In Cape Town, Somerset West, Stellenbosch and the larger Cape area, many properties fall into this category. Should any building plan applications be required on such a property, a Section 34 application will need to be made to Heritage Western Cape before a local municipality will evaluate your plans.

The Risk:

Any future renovations, additions, or demolition to a structure older than 60 years requires a formal permit from Heritage Western Cape before any local municipality can review plans.

Quick Check:

Verify the original building date of the property before placing an offer on a property if you plan on making structural changes so that you can factor the time and cost of a heritage application into your decision. 

Download Your Free Buyer’s Checklist

Avoid costly post-purchase surprises before making an offer on a property in Cape Town, Helderberg or Winelands, and Western Cape.

Free Buyer’s Property Checklist (PDF)

Need Professional Architectural Assurance?

If you suspect that the property you are considering to purchase has unapproved alterations or you want a full property review before signing an OTP, we offer pre-purchase architectural due diligence reports.

Contact: studio@clarity-architecture.co.za

Disclaimer: The information provided in this article is for general educational and informational purposes only and does not constitute formal architectural, legal, or statutory planning advice. Property regulations, approved plan records, and title deed restrictions vary by erf and municipality. Always consult a registered Professional Architect (Pr.Arch) to conduct a thorough site-specific plan audit and due diligence assessment prior to executing an Offer to Purchase or undertaking property alterations.