Best check the law before renovating

Every property person in Cape Town has heard at least one horror story from the Atlantic Seaboard. The kind of story that starts with big plans and ends with lawyers, fines — and an expensive lesson. One of the most repeated versions goes something like this: A buyer purchases an older house with the intention of demolishing it and building something new.

Plans are drawn, budgets are calculated and expectations are high. Then, somewhere along the way, someone discovers that the property is protected by heritage. No demolition or major alterations are allowed.

In some cases, you can’t even install new windows without approval. What many people do not realise is that heritage restrictions sit in a separate legal framework from zoning, title deeds and municipal building plans. You can have all your municipal approvals in place and not be allowed to touch the structure.

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Cor van Deventer, the director at VDM Attorneys, says this is one of the most common misunderstandings buyers make. “People assume that if the zoning allows redevelopment, then the property can be changed. That is not correct.

“Heritage protection is governed by separate legislation and approval must be obtained from the relevant heritage authority before any demolition or alteration can take place,” he explained. In the Western Cape, that authority is usually the Provincial Heritage Resources Authority, while nationally, theSouth African Heritage Resources Agencyoversees certain protected sites. The bodies have the power to stop work, issue fines and even force an owner to restore a building that was altered without permission.

And yes, the stories about desperate developers doing something reckless to get around the rules are not just urban legends. Property circles talk about a case where an owner allegedly drove a truck into a protected structure after discovering it could not be demolished.

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