Below are nine important matters to consider when selling your property: 1. BOND CANCELLATION AMOUNT1.1 PENALTY INTEREST Penalty interest is often overlooked and an important...

On 1 October 2014 the Alien and Invasive Species Regulations (the Regulations) to the National Environment Management: Biodiversity Act (No 10 of 2004) came into...

WHO CAN BUY PROPERTY? Private Company Close Corporation Partnership Trust Natural Person WHO MAY BE MEMBERS? 1 to 50 natural and/or legal persons 1 to...

MUNICIPAL SERVICES AND ACCOUNTS Termination of existing service accounts by sellers and application for new service accounts by purchasers. 1.  Electricity Electricity in Johannesburg is...

SECTION 118 OF THE LOCAL GOVERNMENT: MUNICIPAL SYSTEMS ACT 32 OF 2000 118(1) A registrar of deeds may not register the transfer of property except...

PURCHASING A PROPERTY WITH AN ASBESTOS ROOF 1. For many years asbestos was considered a very useful and versatile mineral the world all over and...

Who are the Parties to an inter vivos Trust? the founder or donor or creator and the trustees and the beneficiary/ies How is a Trust...

More often than not one is confronted with non-refundable deposits in offers to purchase of immovable property. In the same vein, most deeds of sale...

(Updated 29 February 2012) This tax was introduced on 1 Oct 2001 (therefore the date from which capital gains will be taxed is 1 October...

Matters to be considered in regard to your seller: 1. Are the Title Deeds and Mortgage Bonds of the seller to the property readily available?...

The above case addresses the interpretation of Section 118(3) of the Local Government Municipal Systems Act, 32 of 2000 (the Act). More specially, whether the...

On the 7th of October 2016 the Sectional Title Schemes Management Act (8 of 2011) (“the Schemes Management Act”) and the Community Schemes Ombud Service...

CIPC no longer required to approve company actions and documentation. CIPC’s role has been revised. The Companies Act specifically reduces the company’s reliance on the...

More often than not deeds of sale are made subject to a suspensive condition providing that the approval in writing must be obtained from a...

General requirements for entitlement to commission are: Existence of a mandate (sole and exclusive OR open) Performance of the mandate (terms of the mandate must...

Unlike in a socialist society where public ownership of property prevails, in a free market society the law of property as it relates to individual...

The Consumer Protection Measures Act sets out the minimum requirements to ensure adequate consumer protection.   The President of South Africa signed the Consumer Protection...

No approval of company actions and documentation required by the Companies and Intellectual Property Commission (CIPC) any longer. The Companies Act 71 of 2008 specifically...

Northview Shopping Centre v Revelas Properties (275/09) [2010] ZASCA 16 (18 March 2010) A close corporation, like a company, is a legal fiction. It can...

The following legislation regulates the marital status of persons in South Africa: Matrimonial Property Act 88 of 1984 Recognition of Customary Marriages Act 120 of...

There are potentially three types of cooling off applicable to the purchase of land 1. Purchaser price of R250 000 or less Section 29A of...

It is quite common for buyers to discover defects in the property they purchased after they take occupation and then to complain of these defects...

When the seller of immovable property is a company or a close corporation, and the company or close corporation disposes of the whole or the...

Regulation 12 of the Electrical Machinery Regulations, 2011 imposes an obligation on the user of an electric fence system to have an electric fence system...

BASICS REGARDING THE NEW REGULATIONS: The issue of Certificates of Compliance (COC) is regulated by the Occupational Health & Safety Act, 1993 read with the...

There is an updated version of the Electrical Compliance Certificate newly formatted in accordance with Regulation 7(1) of the Electrical Installation Regulations, 2009 and DEPARTMENT...

1. The Alienation of Land Act provides as follows in section 2(1) thereof: 2 (1) No alienation of land after the commencement of this section...

Who is this intended for?Single or family unit permanently resident and/ or an immigrant who has been resident for more than 5 years in South...

Financial Intelligence Centre advises that Section 28 of the Financial Intelligence Centre Act, 38 of 2001 makes it obligatory for all accountable- and reporting institutions...

FICA REQUIREMENTS FOR ESTATE AGENTS Introduction The Financial Intelligence Centre Act, 38 of 2001 (FICA), came into effect on 1 July 2003. FICA was introduced...

INTRODUCTION South Africa’s readmission to the international arena, the de-regulation of international markets and the advancement in communication technology has resulted in a dramatic escalation...

(www.joburg.org.za/content/view/417/58/) Step 1 Check your Title Deed to ascertain whether or not your property qualifies for the relevant business rights. To determine the current zoning...

The assumption is that any item attached or fixed to the property constitutes a fixture or fitting and that all loose items are moveables and...

A foreign trust must firstly be registered with the Master of the High Court, and letters of authorisation issued to the trustees, before land can...

As South Africa is nowadays part of the global village, we are dealing more and more with parties and entities, who are married or established...

The purchase and sale of property in South Africa is governed in terms of common law. In terms of our common law any person with...

New Pressure Equipment Regulations have been promulgated under the Occupation Health and Safety Act, which bring gas appliances installed in property more or less in...

General levies are raised by the Body Corporate at an annual general meeting  (AGM) held by the owners of units within a Sectional Title scheme....

Singh and Another v Mount Edgecombe Country Club Estate Management Association Two (RF) (NPC) On appeal from the High Court, Kwazulu-Natal Division, Durban the facts...

The main objectives with the Housing Consumers Protection Measures Act (“Act”) are as follows: to represent the interests of housing consumers by providing warranty protection against defects...

SECTION 118(1) and 118(3) OF THE LOCAL GOVERNMENT: MUNICIPAL SYSTEMS ACT 32 OF 2000 Over the last number of years there have been three primary...

Unlike in a socialist society where public ownership of property prevails, in a free market society the law of property as it relates to individual...

RE: PURCHASERS OPENING MUNICIPAL ACCOUNTS AND SERVICES Herewith a brief synopsis of the process to be adopted by Purchasers when applying for an account with...

RE: CLOSING OF MUNICIPAL SERVICES and ACCOUNTS OF SELLERS Herewith a brief synopsis of the process to be adopted by Sellers in order to close...

Section 67 of the Property Practitioners Act (PPA) makes it mandatory for a Property Practitioner (PP) to not accept a mandate unless the seller or...

SUPREME COURT OF APPEAL RULES THAT THE VOESTOOTS CLAUSE PROTECTS SELLER FROM ABSENCE OF APPROVED PLANS ODENDAAL V FERRARIS FACTS Ferraris purchased a property from...

There can be an option to buy/purchase property or an option to sell property Generally speaking we deal more frequently with options to purchase. Option...

SELLER   PURCHASER 1. Maintain all payments iro bond, (over payments will be refunded), home owner’s insurance, rates and taxes, (duplication in payments will be...

The estate agency profession has been regulated by the Estate Agency Act since 1976. After the Property Practitioners Bill had been passed by Parliament, the...

WHY DO WE HAVE A POPI ACT? 1. The POPI Act gives effect to our Constitutional right to privacy 2. Peoples personal information has great...

Should a purchaser wish to renovate / alter the property prior to registration of transfer, the contracting parties becomes vulnerable to certain risks they must...

If the company or close corporation was deregistered, can the company or close corporation still be re-instated? Yes but only if proofed that the entity...

SARS has implemented new rules and procedures concerning the VAT applications. They no longer capture the VAT applications at the branch. We need to now...

Government Gazette No. 39663 of 4 February 2016 Notice 158 of 2016 Since its coming into operation, the National Credit Act has obliged anyone lending...

Restraints of trade enforcement requires the balancing of two conflicting principles. the sanctity of contract and the freedom to trade In an effort to strike...

DEED OF SALEentered into between:   Identity number: ________________________________Domicilium: ________________________________________________________________(“the Seller”) and   Physical address: ______________________________________________________________Postal address: ________________________________________________________________e-mail address: ________________________________(“the Purchaser”)   1.     PART A...

Important terminology in sectional titles 1. Sectional Title Plan = in relation to a scheme, means a plan approved by the Surveyor General; Which is...

1. What is SPLUMA? The Spatial Planning and Land Use Management Act 16 of 2013 (SPLUMA) is a national law that was passed by Parliament...

The following is intended as a broad outline of the processes and parties involved in the subdivision of a piece of land. Note that from...

The draft regulations of 10 March 2011 were published that would have required owners of swimming pools to either enclose their pools with a fence...

On the 7th of October 2016 the Sectional Title Schemes Management Act (8 of 2011) (“the Schemes Management Act”) and the Community Schemes Ombud Service...

Section 86 of the Deeds Registries Act 47 of 1937 (the Act) provides inter alia that an antenuptial contract must be registered, failing which it...

In a diverse society like our own, unlike homogenous societies like Japan or South Korea, there are various potential matrimonial regimes you can encounter. 1....

There is no definition of a signature of deeds and documents in our law. In general there is no particular mode or form required, provided...

1. Is a sale of land agreement where the purchaser pays the purchase price to the seller in more than two instalments over a period...

More often than not deeds of sale are made subject to a suspensive condition providing that the approval in writing must be obtained from a...

Legal incapacity An adult with full contractual capacity is entitled to make decisions about his/her personal welfare, financial affairs and medical treatment. Sometimes a person...

Sectional title schemes that were financially poorly managed ran into various problems in the past. As a result a lot of distressed owners not only...

n terms of section 35A of the Income Tax Act where the purchase price of a property exceeds R2 000 000, there rests a duty...