Good morning. I am trying to create room...

Asked by the Customer on 14-04-2014 12:00:46
Question posted in the Property Law category relating to Gauteng

Good morning.

I am trying to create rooms to rent.
The rooms are to be constructed in vacant space on some privately owned residential properties which we do not own. The rooms will be made from 6 pre-fabricated concrete panels and measure 3.5X3.5m and will be rented per night. We aim to construct 5-10 rooms per residential stand.

I need to know if building regulations will allow for this without approval of building plans, If not, are they still necessary if we can have the rooms clasified as a non-permanent stucture.

Are there any accreditation required to allow us to have people occupy these structures?

Thanks for the help

Nick

Message from the Attorney

Posted by Att. Patrick on 15-04-2014 10:56:38
Hi there and thank you for your question,

The first thing that you will need to speak to your local municipality about is the zoning rights for the properties. At present, the properties are most probably zoned for residential purposes only - not for commercial purposes. This would mean that you could only have 1 dwelling on the property, and also that you would not be able to rent out rooms in that single dwelling as part of a business. You would therefore need to have the zoning for the property changed into commercial.

Once the zoning is right, you would then need to have the building plans approved for the structures - even though you allege that the structures are non-permanent in nature. They will need to be approved as they are being "constructed" on the property.

My advice to you is to speak to an architect or a town planner in your area about the municipality, and discussing with them your application to change the residential zoning into commercial.  The architect will also be able to assist you with plans for the structures, and also ensuring that all of the health and safey regulations are complied with.

You will need to also ensure that the structures meet building standards in order to ensure that they pass any fire tests. You will also need to apply for a business licence so that you can operate this.

If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.


Att. Patrick

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