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Property

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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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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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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How long can you wait to call up a performance guarantee payable on demand? by Marieke du Toit

Can a guarantee payable on demand be called up even though the contractual debt forming the basis of the guarantee has become prescribed? The Pretoria High Court decided this question in Investec Bank Ltd v Lombard Insurance Company and Another (2019) ZAGPPHC (251), in June 2019. Investec Bank Ltd (“Investec”) entered into an agreement for …

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Inclusionary Housing Development By Joshua Rutgers

What is inclusionary housing development and will this become a feature of housing policy in South African cities? The housing policy recently adopted for Johannesburg provides some insights. The City of Johannesburg Metropolitan Municipality on 22 May 2019 put into effect its Inclusionary Housing Incentives, Regulations and Mechanisms policy, which defines inclusionary housing as “a housing …

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Refusal to approve building plans on aesthetic grounds by Joshua Rutgers

A local authority may refuse to approve building plans on certain aesthetic grounds, in terms of section 7(1)(b)(ii)(aa) of the National Building Regulations and Building Standards Act 103 of 1977 (“the Act”), if the local authority is satisfied that the nature or appearance of the planned building is such that: “(aaa) the area in which it is …

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New act on property practitioners coming by Pierre Lombard

Persons active in the property industry will soon be subject to new legislation, bringing some important changes. The National Assembly has adopted the Property Practitioners Bill (“the Bill”) which will repeal the Estate Agency Affairs Act. The Bill must still be passed by the National Council of Provinces and then be signed by the State …

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