UNDERSTANDING SECOND DWELLINGS AND MINOR BUILDING WORKS IN LANGEBERG

Are you considering adding a second dwelling to your property or undertaking minor building works? Whether it is a small flat, a garden shed, or a larger addition, understanding the regulations in Langeberg Municipality is crucial. This knowledge will help you avoid legal issues and make the most of your property’s potential.

What is considered an illegal structure or building?

An illegal structure or building is any construction conducted without the necessary approvals or permissions from the municipality, as required by the National Building Regulations and Building Standards Act (NBRBSA). This includes structures used for accommodation, manufacturing, storage, services, waste treatment, plant cultivation, as well as associated elements like walls, pools, fuel tanks, and utility systems.

Examples of illegal structures includes:

• Building without submitting required building plans.
• Deviating from approved plans.
• Construction in areas where development is restricted by zoning laws or other legislation (e.g., National Water Act, National Heritage Resources Act, or EIA regulations).

Do you require approval for your planned structure or building project?

Almost any building activity within the area of Langeberg Municipality requires building plan approval. This includes the construction of all new buildings, alterations, or extensions to existing 

buildings, even simply changing the use of existing buildings without physically altering them. This is because different uses have different requirements in terms of ventilation, fire safety etc.

Types of applications include:

• Minor works: Installing a swimming pool, wendy house, etc.
• Standard building plans: Valid for 12 months.
• Extension of plan validity.
• Temporary structures: Builder’s containers, etc.
• Demolition permits.

What is Considered Minor Building Work?

Minor building works are defined in the National Building Regulations and Building Standards Act and include, but is not limited to:

• Poultry House: Not exceeding 10m² in area.
• Free-standing Wall or Fence: Not exceeding 1.8m in height and not retaining soil.
• Pergola: Open-sided structures.
• Private Swimming Pool

Understanding Second Dwellings

In terms of the Langeberg Integrated Zoning Scheme, 2018 second dwellings under 60m2 are a primary right in the Single Residential zones. These second dwellings are viewed favourably from a Town Planning point of view as it assists in densifying areas, maximises the use of existing land and services, and provides a rental income for landowners.

Second Dwellings exceeding 60m2 require an application for Consent. This allows the municipality to assess the impact on services and surrounding land uses on a case-by-case basis.

In addition to obtaining land use approval, constructing a second dwelling—whether it is under or over 60m²—requires submitting building plans to the municipality for approval. This ensures that the construction complies with local zoning regulations, building codes, and the National Building Regulations.

Construction can only begin once all necessary approvals and permissions are granted.

Dangers of Building Illegally

Illegal structures pose several risks, including:

• Safety Hazards: Structures not built to code may be unsafe, increasing the risk of collapse, fire hazards, or other accidents.
• Public Health Risks: Without proper connections to water, sewerage, and electricity, illegal structures can lead to unsanitary living conditions, contributing to the spread of diseases.
• Legal Consequences: Property owners may face fines, legal action, or even demolition orders if found in violation of building regulations. Unauthorized buildings can also lead to difficulties in insuring the property or obtaining financing.
• Impact on Municipal Services: Illegal structures can strain municipal services, as they may not be accounted for in service planning, leading to overloading of water, sewage, and electrical systems.

Consequences of Building Illegally

Building illegal extensions or conducting unauthorized minor works can have severe consequences, including:

• Demolition Orders: The municipality has the authority to order the demolition of illegal structures, especially if they pose a safety risk.
• Fines and Penalties: Property owners can be fined for failing to comply with building regulations.
• Legal Action: Continuous non-compliance may result in legal action, which can lead to more significant financial and legal burdens.
• Property Value Impact: Illegal extensions can negatively affect the value of the property, making it difficult to sell or transfer ownership in the future.

Need More Info?

For further assistance, or if you have questions about your project, do not hesitate to reach out to Langeberg’s Building Control department:

• J. Dos Santos - Building Control Officer
• Phone: 023 614 8000
• Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

You can also read the following for more information:

• Building Plan Preparation and Submission
• Langeberg Integrated Zoning Scheme

Whether you are planning a small second dwelling, minor building works, or something larger, making sure you follow the rules which will keep your project safe, legal, and stress-free.