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Property Law

Energy Performance Certificate – Required for your building?

Introduction Owners of non-residential properties in certain categories must obtain an Energy Performance Certificate (“EPC”) by no later than 7 December 2022 and display it at the entrance of their building. Who must obtain the certificate A Government Notice which was published in the Government Gazette in December 2020 will come into effect on 7 …

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Using residential properties for commercial purposes: penalties by Reini Scheepers

Residential property owners using their homes in contravention of the property’s zoning provisions should take note of a judgment of the Supreme Court of Appeal of South Africa (“SCA”) in the case of City of Johannesburg Metropolitan Municipality v Zibi and Another (234/2020) [2021] ZASCA 97 (9 July 2021) (the “Zibi case”), where the Court …

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Selling or leasing property? Take note of the new property practitioners act By Maxine Smet

INTRODUCTION The Property Practitioners Act (“PPA”) has come into effect on 1 February 2022. The PPA aims to ensure a healthy property market, to regulate property practitioners and to protect consumers. An important example of consumer protection is the compulsory inclusion of a property defects disclosure form (“disclosure form”) for both property sales and rentals. …

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Penalties for late rental payments in a residential lease agreement by Bianca du Toit

Are penalty clauses for late rental payments in residential lease agreements enforceable? The Rental Housing Act 50 of 1999 (“RHA”) regulates all residential lease agreements and provides for provincial regulations regarding unfair practices. Section 15(1)(f) of the RHA states the following: “The MEC may, after consultation with the relevant standing or portfolio committee of the …

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Aiding and abetting an illegal foreigner by Tyla Geldenhuys

FOREIGN BUYERS OF IMMOVABLE PROPERTY: PITFALLS As a general rule foreigners who live outside South Africa are not prohibited from buying immovable property in the Republic.  However, foreigners physically present in the Republic at the time of the purchase must comply with visa requirements.  Purchases by non-compliant foreigners are illegal; and assisting with such purchases …

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Validity of electrical compliance certificates By Bianca du Toit

BACKGROUND In a property transaction the seller is often required to furnish the purchaser with a valid Electrical Compliance Certificate (“Certificate”) before transfer.  The purpose is to provide a warranty to the purchaser that the electrical wiring and installations on the property are in order.  How long does the Certificate remain valid; and does it …

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Can agreements for the sale of immovable property be signed electronically? By Johanei Borstlap

Agreements for the alienation of immovable property must be in writing and must be signed by the parties. Can this be done electronically? Section 2(1) of the Alienation of Land Act, 68 of 1981 (“the Act”) provides as follows: “No alienation of land after the commencement of this section shall, subject to the provisions of …

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Cancellation of residential lease agreements and the consumer protection act by Waseem Hussain

In the unsettled current economic circumstances, tenants are often unable to continue with fixed-term residential lease agreements, resulting in early cancellation of the lease. Tenants who are “consumers” in terms of the Consumer Protection Act (“the CPA”) are entitled to early cancellation of a fixed-term lease.  Section 14(2)(b) of the CPA provides that if a …

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Stellenbosch Municipality: Objection to valuation of value of property

The majority of property owners within the Stellenbosch Municipal Area recently received the latest valuation particulars in respect of their properties published on the General Valuations Roll in terms of the Local Government: Municipal Property Rates Act, 2004 (Act 6 of 2004). The Property Rates will be calculated and payable on the new valuations from …

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