A.D.S - Architectural Design Services

24/01/2026

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11/12/2025

30/06/2025

The sad reality we as professionals have to deal with daily, trying to still provide our clients with answers, explanations, and the service they deserve

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Die Johannesburg-metro beweer hy is besig om belangrike munisipale rekords van die metro-sentrum in Braamfontein na ’n nuwe stoorplek in die Newtown Junction-winkelsentrum te skuif.
Foto’s wys egter die gehawende toestand van die dokumente wat gestoor word.

LEES MEER: https://brnw.ch/21wTMCC

08/01/2024

ARCHITECTURAL SERVICES
Prevent getting a demolishment notice, penalties on your Rates & Taxes, prevention from selling your property or a closure notice if you have a business!
Legalizing all building work – Additions, Alterations, Internal Shop Fittings and Newly Built Properties
We assist client in the Private, Industrial & Commercial Sector which includes Hotels and Shopping Centres. Our services are available in your area as well as surrounding areas.
For all your Architectural Designs, 3D Renders, Interior Décor, Town Planning Applications & all Council Submissions to legalize your property.
Call us on 011 794-2306 or 072 348-2998
Email us on [email protected]

25/08/2023

WHAT IS A REZONING?

Are you looking to unlock the full potential of your property?
Rezoning is the key to changing the classification of your property and expanding its possibilities.

Understanding Rezoning
Rezoning refers to the process of altering the zoning classification of a property, enabling different land use rights and activities.
Zoning regulations, established by local municipalities, dictate how properties can be used and developed.
Once property owners decide to utilize their land for purposes that differ from the existing zoning regulations, a rezoning application must be submitted to the local municipality.
When you rezone a property, it means you’re changing the official rules for what can be built there.
For example, if a property was previously allowed only for building a residential house, but it gets rezoned for commercial use, now stores or offices can be built instead of a residential house. It’s like giving the property a new “job” according to the local municipality’s guidelines.
Zoning Certificate & Development Controls
Each property in South Africa possesses a unique zoning certificate specifying its current zoning class and associated development controls.
Local municipalities have specific zoning regulations for different areas and suburbs, encompassing commercial, residential, agricultural, industrial, and mixed-use designations.
Within each zoning category, there are subcategories indicating the permissible uses for the property.
The zoning certificate also outlines the allowable development controls, including parameters such as height, coverage, density, floor area ratio, and building lines.

Why Rezone?
Many property owners choose to pursue rezoning to expand the possibilities for their properties.
Whether it’s changing the zoning class from one type to another or converting a residential property into a commercial space, rezoning opens up new avenues for utilization and investment.
However, it is crucial to note that rezoning applications involve a thorough and time-consuming process.
The Rezoning Application Process
Submitting a rezoning application requires adherence to several procedures, making it essential to engage the services of a qualified town planner.
Here is a step-by-step breakdown of the rezoning process:
* Consultation with a Town Planner: Schedule a meeting with a professional town planner to gain clarity on the type of application required for your property.
* Expert Advice and Quotation: The town planner will provide professional advice on your development proposal and present you with a quotation for the proposed application(s).
If any restrictive conditions exist in the property’s title deed, an additional application for their removal may be necessary.
* Necessary Documentation: Prepare the required documentation, including a Motivating Memorandum, Locality plan, Zoning plan, Land use plan, Special Power of Attorney, Resolution, Bondholder’s consent, Application forms, and other relevant documents.
* Additional Input and Consultation: The town planner may meet with the local authority to obtain additional insights regarding the proposed rezoning application.
* Application Submission and Assessment: Submit a comprehensive rezoning application to the municipality. The application undergoes assessment for completeness.
* Advertisement Process: Depending on local by-laws, the rezoning application may need to be advertised in the Provincial Gazette, newspapers, and on-site. Adjacent property owners may also be notified by registered post.
* Internal Departmental Review: The application is circulated to relevant internal departments for their input and comments. The town planner expedites this aspect of the process.
* Approval Process: If there are no objections to the application, approval can be obtained within 6-7 months. However, objections may trigger a town planning hearing, causing potential delays.
* Post-Approval Compliance: Once the rezoning application is approved, the property owner/developer must adhere to the conditions outlined in the conditional approval letter. Compliance enables the adoption or promulgation of the approved land use rights, facilitating further development and allowing budling plans to be submitted for approval.

Important Considerations and Advice
Before embarking on rezoning or purchasing a property, it is crucial to consider the following:
Property Use Restrictions: Familiarize yourself with any restrictions imposed by zoning regulations, ensuring that the intended use aligns with the property’s current zoning.
Local Authority Approval: If you plan to change the use of your premises, apply to your local authority. However, be aware that the application process can be lengthy, complex, and costly. Engaging a knowledgeable town planner greatly facilitates the rezoning process.
Contract of Sale Stipulations: For buyers planning to rezone, include a stipulation in the contract of sale that the offer is subject to the local authority’s approval of the rezoning or permission to use the property in a specific way. Additionally, clarify who will bear the cost of the application.

Unlock the Potential of Your Property with Rezoning
*Rezoning a property presents an opportunity to transform land use and maximize its value.
*By comprehending the rezoning process and collaborating with experienced town planners, property owners can navigate the complexities and secure approvals successfully.
* Remember, rezoning requires meticulous planning, adherence to regulations, and patience. With the right expertise and preparation, you can unlock the full potential of your property.
How much does Rezoning Cost?
*Rezoning costs can vary depending on a few factors, including the size of the property, the complexity of the rezoning process, and the specific location.
*Local municipalities typically have their own guidelines and fees for rezoning applications. It’s essential to consider additional expenses, such as hiring professionals like town planners or land use consultants to assist with the application.
* Property owners interested in rezoning should research the requirements and consult with relevant authorities to gain a clear understanding of the potential costs involved in this endeavour.
*The professional fee of a town planner can vary between R 24 000 and R 70 000 (and in some cases even more) to assist with a rezoning application, depending on some factors.

Send a message to learn more

17/05/2023

Introducing our Team members and our roles: 👏
Debbie Tolmay - Owner and Professional Senior Architectural Technologist
Charl Eloff - Architect
Adele Esterhuizen - Accounting, Administration & Digital Marketing

03/02/2023

This article examines the legal rights of property owners and occupiers in dealing with so-called “illegal buildings” (which are buildings that are built contrary to the approved plans on file at the municipality, or buildings that are built in contravention of any zoning, town planning, title deed condition or restrictive covenant).

The Law

This issue is regulated by the National Building Regulations and Building Standard Act (“NBS”), the Promotion of Administration of Justice Act (“PAJA”), any By-Laws that a municipality may have promulgated in relation thereto, the Spatial Planning and Land Use Act (“SPLUA”), the relevant Town Planning Schemes, the Constitution and lastly also the common law.

Caveat: As this is an area of law in which building and town planning law intersect with neighbour law, property law, contract law, and constitutional and even administrative law, it can be relatively tricky to understand what remedies are available to an affected person in any particular situation. When in doubt, always consult a property professional.

Responsibility for Enforcement

In terms of the NBS, it is the responsibility of the local authority (i.e. the municipality) to enforce compliance with the relevant building laws. This essentially means that where you are faced with a situation where you would like to prevent the continued construction of an illegal building, or you would like to go even further and obtain demolition of that illegal building, you would normally first approach the building department at the applicable municipality for assistance. It is the duty of this department to enforce the relevant laws and ensure that the illegal building is dealt with in terms of the applicable laws.

Can Neighbours/Communities/Rates Payers Associations Enforce Building Laws?

To the extent that the municipality fails or refuses to take action, or is simply not taking adequate action, or is too slow in taking that action, or that action has proven ineffective, it is legally possible for owners to approach a court for an order enforcing compliance with the laws themselves, although the legal basis for that kind of application might not be in terms of the NBS and might be located in other laws.

Type of Court Order Applied For

Regardless of whether the local authority or another interested party, such as a neighbour or community, approaches the court, the type of order normally sought to deal with an illegal building would be either a prohibitory interdict preventing the offending builder from continuing to build illegally, or a mandatory interdict requiring the demolition of the illegal building or illegal portion thereof.

Will a Court really grant us a Demolition Order?

It has been assumed for many years that courts are reluctant to grant demolition orders on the basis that it will cause severe financial harm to the owner of the property being demolished. Van der Walt, however, argues that from an analysis of the relevant case law, it appears that this is not true, and that more often than not when a proper case is made out for a demolition order of illegal buildings, the court will grant these types of orders.

Sometimes people think that if they rush to complete the illegal building, a court won’t be able to do anything about it – for example, they won’t be able to make an order that the illegal building stop, because the building is already complete. This thinking is flawed. The idea that a court will not grant a demolition order of an illegal building that has already been completed has not found favour in our law; and in fact, was expressly struck down by our courts. A court can and will order demolition where a proper case for same has been made out, and the fact that the illegal building is complete has no bearing at all on this. There is thus good reason to believe that when you are seeking a demolition order, provided that you are legally entitled to same, you should be able to obtain it from the courts.

What if I am Unhappy with the Approved Building Plans?

If you only become aware of building works that you believe violate your rights as a neighbour after the plans for those building works have already been approved, and the offending builder is building in accordance with the approved plans, your only recourse is to approach the courts for an order declaring that the municipality’s decision to approve those building plans was legally flawed and should be set aside. When the plans are set aside as having been wrongfully approved, there will be no approved building plans in place for the building in question, which will render it an illegal building in terms of which you can seek a demolition order or prohibitory interdict to stop further building (if the building is not yet complete).

What if I am Happy with the Approved Building Plans, but the Building is not Built in Line with them?

If there are approved plans but the building is not being built in accordance therewith, or has already been built contrary to these plans, you could complain to the municipality and require it to enforce the relevant building laws to deal with the illegal building, failing which you could yourself approach a court for an interdict to stop the illegal building (if construction is ongoing) or to demolish the illegal works.

An Amicable Alternative

It is possible to approach the builder or owner of an illegal building with a view to coming to an agreement that measures will be put in place to relieve the impact of the illegal building. When this happens, the aggrieved neighbour may be satisfied that he is no longer being affected by the illegal building works and may do away with the need for expensive court action. However, just because the neighbour is no longer unhappy with the illegal building, this does not make it lawfully compliant. An illegal building will remain illegal until such time as it becomes compliant with the relevant building laws. The neighbour’s consent to the illegal building works similarly does not render those building works lawful. It is thus no defense to claim that building works are not illegal because the neighbour knew about them and consented to them, or knew about them and did not complain about them.

Conclusion

Enforcing compliance with building and town planning laws can be tricky if the municipality does not come to your aid satisfactorily. In such a case, you might need the assistance of a property professional to advise you on the matter and to guide you to the best solution for your particular needs. There is no “one size fits all” solution and every case must be dealt with on its unique facts. Approaching a court for relief is often your only viable option, especially where the offending neighbour is not amenable to reaching settlement or agreement with you and where the building plans have already been approved.

10/01/2023

What is the next step after getting my building structures legalized? Here is what YOU need to know 😉

Description
Occupancy Certificate – Certificate of Occupancy – City of Johannesburg Municipality
The Municipality or City Council issues an occupancy certificate as part of an essential chain of events and compliance issues. An Occupancy Certificate cannot be issued without the various clearance certificates – namely:

Required by law:

Approved Building Plans from the Municipality plus any documentation from Town Planning regarding rezoning, building amendments or renovations and if necessary an approved Site Development Plan (SDP).
Engineering Completion Certificate from a registered structural /civil engineer.
Roof Truss Certificate either from truss installer or the engineer.
IOPSA Certificate of Compliance (Institute of Plumbing South Africa) for all sewerage/plumbing/drainage work. It can only be issued by a registered plumber.
Glazing Certificate
Electrical Certificate of Compliance
Fire Certificate (for thatched roofs)
and others to be discussed
The Occupancy Certificate is to certify that the building / home has been completed in accordance with approved building plans and clearance certificates. One of the main reasons for this is with regards to safety. Insurance coverage cannot take place for damage to a building, or to a member of the public, or house occupants, regardless of whether a fault lies with a builder, electrician, engineer or architect if an Occupational Certificate is not in place.

Once an Occupation Certificate has been obtained the owner of a property should lodge copies with the bank (particularly if the property is mortgaged) as well as the home/property insurer. This is especially important if a building bond has been taken as the final payment will not be released by the bank until the Occupational Certificate is presented.

With regards newly built properties municipalities are unable to legally turn on water and electricity because deposits cannot be paid without proof of occupational certificates.

In the case of sectional title or homes within gated of private estate ownership, these clearance certificates are a non- negotiable. They are usually an obligatory requirement of the relevant body corporates and home owners’ associations.

In the case of freestanding homes the responsibility for obtaining an occupancy certificate lies with the owner of a property.

In short an Occupation Certificate is compulsory for every building before occupation as required by the National Building Regulations and Building Standards Act (1977) in order to be compliant.

Every single new structure that will be occupied requires a certificate of occupation. This is issued by the Council once all other approvals have been obtained.

This applies whether you are moving in yourself, or putting in a tenant or any other type of occupancy that is envisaged when a new building, or internal renovation, has been implemented. It also applies both to building from scratch and to carrying out any “alteration, conversion, extension, rebuilding, re-er****on, subdivision of or addition to, or repair of any part of the structural system of, any building”.

Why compliance is required:

Firstly, if you do not comply, you will have problems with your bank if your home is mortgaged, and – perhaps more critically – you could find yourself without insurance cover.
Secondly, you won’t be able to arrange water and electricity accounts and connections from the municipality.
Thirdly, it is a criminal offence to occupy or use (or permit occupation or use) of the building without authority (or to the extent that “it is essential for the er****on of such building”).

05/08/2022

(Credit to Property24)
Approved plans and property sales | Here's what you need to know

Buyers are often advised to check approved plans before making an offer to purchase. But who is responsible for making these plans available, and what happens if they don’t match reality?

Roger Lotz, franchisee for the Rawson Properties Helderberg Group, answers some of the most frequent questions about approved building plans and what is and isn’t required for a sale.
Are approved plans a legal requirement for sale?
There is a common misconception among buyers, sellers and even some property professionals that approved plans are a legal requirement for a sale. According to Lotz, however, it’s perfectly legal to sell a property without approved plans. It might just be a little trickier than if they were available.
“The trouble is, a lot of banks insist on seeing approved plans before granting buyers’ finance,” he says. “They basically want to make sure there’s nothing illegal about the structure that might impact the security of their investment. So, while you don’t legally need plans to sell, you may find it very difficult to secure a buyer without them unless you’re lucky enough to have a cash offer on the table.”
How do you get copies of your approved plans?
To get copies of approved plans, you’ll need to apply at your local district office. Application forms can usually be downloaded in advance, and can even be submitted by email in some municipalities.
“You’ll need to provide ID, your latest rates bill, erf number and physical address,” says Lotz. “If you’re not the registered owner of the property, you’ll also need a copy of their ID and a letter of consent.”
Fees for plans searches vary by municipality, as do timelines. Some real estate agents will assist sellers with the process as part of their service.
What happens if the approved plans don’t match the property?
There are many instances in which the approved plans lodged with the municipality don’t exactly match the property in question. This isn’t always because of illegal building work, however.
“It’s very common to find carports, pergolas, garden sheds and other minor structures missing altogether from approved plans,” says Lotz. “This is normally because planning permission wasn’t required when those structures were built. Unfortunately, planning permissions have changed, and even minor building works like these do now need to be reflected on your approved plans. If they’re not, you’ll need to get a draftsman to submit an updated version known as an ‘as built’ plan.”
Choosing not to update your plans can have serious repercussions, both for the current seller and any future buyers.
“Banks can refuse to finance properties where the plans show significant deviations from reality,” says Lotz. “If the sale goes through, however, buyers can also land in hot water if they want to renovate down the line. Council may refuse any new permissions, implement fines for unapproved structures, or even – in extreme cases – insist those structures are torn down.”
Who is responsible for updating the approved plans?
While updating approved plans to match reality isn’t automatically the seller’s responsibility, Lotz says it’s definitely best practice to get this done in advance of a sale. Not doing so risks alienating potential buyers, or even stopping sales in their tracks if the outdated plans cause lenders to refuse finance.
“Nobody wants to add extra chores to seller’s already full pre-sale prep list, but out-of-date plans can cause very real delays when trying to sell,” he says. “It might be a pain – particularly when you weren’t even responsible for the building work in question – but it’s worth it to save even bigger headaches down the line.”
How do you get your approved plans updated?
“To update your plans, you’ll need a registered architect or draftsperson to survey your property and create accurate, council-specific drawings,” says Lotz. “They can either submit these on your behalf – normally the fastest and most successful option – or, if you have plenty of time and patience, you can do it yourself.”

04/05/2022

Thinking about opening a Child Care Centre or Early Childhood Development Centre?
Here is what you need to know:
CONDITIONS FOR CHILD CARE CENTRES AND EARLY
CHILHOOD DEVELOPMENT CENTRES ON RESIDENTIAL ERVEN
(1.) Subject to the provisions of Sub-clause (1.) the Council may grant its
consent to the er****on upon an erf or site upon which a dwelling house
or dwelling unit has been erected or to a building for use as a place of
instruction for a child care centre.
(2.) The Council shall not grant its consent in terms of Sub-clause (1.) unless
there is sufficient area on site for the activities connected with the
proposed child care centre including the necessary parking requirements
to the satisfaction of the Council as well as the provision of areas for the
dropping off and collecting of children. Where necessary such
application shall be accompanied by a Traffic Management Plan to
address peak hour operations.
(3.) No consent is required if six (6) or less children are accommodated on the
erf.

12/04/2022

Thinking about selling your property? Then you need to read the latest on the SPLUMA act as per stated by Proprty24

Building plans and compliances - get your home in order before selling
08 Apr 2022

Ensuring that your property is fully compliant both in terms of the building regulations as well as aspects such as electrical and water installations cannot be overemphasised when it comes to selling.

For older properties especially, property owners should undertake the necessary repairs upfront and check with their local council that the building plans are lodged. Shortfalls and non-compliance can result in costly and unnecessary delays in the transfer of a property, says Seeff Property Group.

The importance of up-to-date building plans is further enhanced by the SPLUMA Act (Spatial Planning and Land Use Management Act) which requires that a “SPLUMA Certificate” may now be needed in certain areas for property transfers.

The certificate confirms that the particular property complies with the required local bylaws. This includes zoning and use of the property and that approved building plans are in place with the local council for all building works on the property.

Where required, the particular certificate is obtained by the Conveyancing Attorneys and lodged with the rest of the lodging documents in the Deeds Office to enable the transfer of ownership.

If there are shortcomings and the plans are not compliant, Seeff recommends that the sellers take timeous action to get those plans done by a qualified architect or draughtsman and lodged with the local council.

Sellers should also ensure that all outstanding property taxes, as well as other taxes and municipal utilities are paid up to date to avoid unnecessary delays in the transfer process.

Certificates of Compliance relating to electrical, gas and water installation and sometimes also a Beetle Certificate can also cause a delay. The seller is responsible for the costs of providing these unless otherwise agreed in the sale agreement. In some instances, these certificates are also required by the banks where a mortgage loan is part of the process.

Seeff recommends that sellers get inspections and repairs done upfront, or at least as soon as the property is listed to avoid any potential delays in the transfer of the property.

Take care though to ensure the certificate is valid for long enough so as not to cause any further delays. For example, while an Electrical Certificate is valid for two years, certificates for water, an electric fence and a beetle certificate are only valid for six months. A gas certificate is needed for each transfer.

According to the Conveyancing and Property Law team at Abrahams & Gross, electrical certificates are regulated by the Electrical Installation Regulations. The Regulations provide that every user or lessor of an electrical installation must have a valid certificate. When a property is sold, the owner must provide the buyer with an electrical certificate that is not older than two years.

READ: Is a compliance certificate required when solar energy is used?

These certificates are always required before lodgement in the Deeds Office. "Some of the banks have experts who will scrutinise Certificate of Compliance before they allow bank guarantees to be issued,"says Conveyancing Attorney Denoon Sampson, Denoon Sampson Ndlovu Inc. "

"It is therefore vitally important to avoid invalid Certificates, because inevitably, the purchaser and/or his prospective home loan bank will detect an invalid or bogus certificate. In such instances, costly delays will be incurred, because the buyer will request a second electrician to query and dispute the first certificate."

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05/04/2022

WHAT TYPES OF APPLICATIONS ARE THERE?
* Consent use (also if you want to establish a second dwelling or granny flat on your erf)
* Rezoning (Amendment Scheme)
* Township Establishment applications (if you wish to develop a portion of farm land into individual even, or in cases where you want to establish a variety of land uses on a farm portion)
* Subdivision (if you want to divide your erf/holding/farm portion into more than one portion)
* Relaxation of Building Line (if you want to encroach over the building line with a building)
* Site Development Plan (extensions to or construction of a new building to be submitted for all types of buildings except for at a normal Residential House), to be considered prior to the approval of Building Plans.