This week, the Property Poser experts assist a reader who is struggling to get final approval from the homeowners’ association for his newly built home in a security estate.
Without it, the local council will not issue a certificate of occupancy.
The reason given by the HOA for withholding approval is that landscaping needs to be completed, including putting grass down.
The reader argues that the road in front of his house is still under construction and that he will sort out the landscaping issue once this road has been finalised.
Despite not having the letter of occupancy in hand, the reader still proceeded to move into the property and, shortly thereafter, the electricity was disconnected.
The HOA directed correspondence to the reader, via an attorney, that he must remove all his furniture from the property because he does not have the required occupancy certificate.
In terms of the National Building Regulations and Building Standards Act, an occupation certificate is compulsory for every building before occupation, says Sean Radue of Radue Attorneys in Port Elizabeth.
“This is to ensure that certain relevant building requirements have been met and thereby safeguard the owner and other occupants.”
Radue says the requirements before such a certificate may be issued include approved building plans, a completion certificate from a registered structural or civil engineer, a roof truss certificate, an electrical certificate of compliance and a glazing certificate.
“The list continues, but what