Approved Building Plans 

Our experience is also that if the Floor Plan requirement (approved by the Municipality) is not met, that Business licence applications are not adjudicated.

We attach herewith our research in this regard for your attention, which can be summarized as follows:

To clarify the requirement for submitting updated floor plans, even though no walls have moved, please understand that municipal approval is based on the use of the building, not just its structure.

The moment you introduce a new type of activity (a "Change of Use"), the entire property's risk profile changes. This triggers a mandatory legal requirement for new plan approval from the City of Cape Town (CoCT). 1

1. Why is a New Plan Mandatory if Nothing Was Built? (The Change of Use Rule)

The City's regulations explicitly state that plan approval is required when "simply changing the use of an existing building without physically changing it." 1

• The Logic: Changing use (e.g., from an office to a venue or commercial kitchen) means the property now carries different risks, such as a higher population limit, different fire loads, or new health requirements (like drainage or specialized ventilation).

• The Plan's Role: The specialized plan must now prove that the existing building is safe for the new activity. It is an audit of your life safety systems.

2. The Core Laws Requiring These Specific Plans

Your plan submission must satisfy three regulatory areas, as mandated by South African and City legislation:

Law/By-law

Focus

Why It Requires the Plan

National Building Regulations (SANS 10400)

Life Safety Standard

This national law sets the technical standard for minimum requirements, particularly for Fire Protection. Your plan must show how you meet standards for safe escape routes, fire compartmentation, and emergency access. 3

CoCT Community Fire Safety By-law

Fire & Egress

This local by-law grants the City’s Fire Prevention Officer the power to inspect and ensure compliance. It requires the plan to detail specialized items like the location of fire extinguishers, exit signage, and safe locking mechanisms on escape doors. 1

CoCT Environmental Health By-Law

Health & Mechanical

This law governs health and hygiene. For activities like food service or specialized storage, your plan must include details on dedicated mechanical ventilation (e.g., high-rate extraction systems), drainage, and hygiene facilities to prove the premises are safe. 4

3. The Consequences of Non-Compliance

Failing to secure the necessary approvals for the current use places the entire operation at severe legal and financial risk:

• Immediate Closure: The City’s Controlling Authority (Fire Prevention Officer) has the legal right to order the immediate closure and evacuation of the premises if they find a violation that poses an immediate threat or fire hazard. This action results in instant business interruption. 4

• Massive Financial Penalties: Operating without the correct approval for your use is an unauthorized contravention of the Municipal Planning By-Law. The City can impose administrative penalties that may amount to up to 100% of the calculated value of the unlawful work—a sum that can easily reach hundreds of thousands of Rands. 6

In short, submitting the comprehensive plan (Fire, Health, and Mechanical) is not an elective administrative step; it is a mandatory legal prerequisite for the premises to be certified safe for its new operation, without which your business is exposed to an unacceptable level of risk.