Changing an approved design during construction

A change during construction is not authorised merely by an amendment between buyer and contractor. Determine whether it is a non-material departure or one of the material departures under Article 154 of the Spatial Development Act, and which procedure is available.

Classifying the change

The Act expressly addresses changes to structure and loads, use, common parts and shared installations. A small area or low price does not make a change non-material. Moving a wall may affect the structure; moving a bathroom may affect common installations.

Departures violating the detailed plan, protective regimes, territorial use or construction standards are inadmissible under Article 154(4). For the changes listed in paragraph 2, points 5–8, the Act permits an approved design and an order supplementing the permit, with the necessary consents, before implementation.

Align the contract with approval

Specify the proposed change, who prepares the documents and what happens if approval is refused. Area, common parts, price and the subject of the future conveyance may be affected and need coordinated treatment.

Do not assume every departure can later be documented through as-built drawings. A supplementary order does not restart commencement or completion periods. An already implemented material change requires separate assessment of control consequences, rather than backdated paperwork.