Building regulations - latest news

Building regulations - latest news

10/13/2011 8:30:23 AM

In terms of this Amendment, it is now a requirement that a Building Compliance Certificate has to be obtained by the owner of immovable property from the City of Windhoek for:

The transfer of property in the Deeds Office
Approval of a sectional title scheme and transfer of a sectional title unit in the Deeds Office
Change of name or transfer of rights in immovable property in the Deeds Office
Transfer of member’s interest in a close corporation or transfer of controlling interest in a company

An application for the Building Compliance Certificate, with payment in the amount of N$500.00 for normal areas and N$100.00 for low income housing areas, has to be submitted to the Building Control Section at the City of Windhoek, who will then do an inspection of the property. The contact person at Building Control is Mr Loots, Senior Building Inspector, Tel 081 141 2420.

Non-compliance with this regulation is an offence punishable by a fine of N$2000.00 or imprisonment for 6 months, or both.

In order to avoid delays in the transfer of property, we suggest that you advise your clients who intend to sell their properties to apply for the Building Compliance Certificate as soon as they place their properties on the market.

Should the Building Compliance Certificate not be available on the date the agreement of sale is signed, a Suspensive Condition (similar to the one affording the purchaser time to obtain bank financing) be included in the Deed of Sale, which makes the agreement conditional on a Building Compliance Certificate being issued by the City of Windhoek.

See the Government Gazette/Amendment to the Building Regulations and copies of the checklists to be used as guidelines.

The City of Windhoek have appointed additional building inspectors to cope with the added work load and do not foresee any delays with issuing compliance certificates and transfers of properties as long as the property/building concerned complies with the Building Regulations. As with any new regulation which looks simple enough in theory, problem cases will without doubt arise in practice, thus you are encouraged ensure that your property complies with the building regulations and that the property corresponds to the existing building plans at the City of Windhoek.

Also, please note that the City of Windhoek have implemented new rules pertaining to copies of building plans. Property owners have to collect an application form from the City of Windhoek, complete and lodge the application with CoW, whereupon copies of plans can be collected 48 hours later.

You can download the Government Gazette by clicking the provided link. Government Gazette No. 4779.pdf