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Conveyancing and Property Transfers
What many sellers don’t realise is that omitting known defects or failing to disclose something like unapproved building plans can later be used as grounds to cancel the sale or claim damages. For buyers, it’s one of the few tools that offers insight into what’s beneath the surface — quite literally.
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Unlike other clauses that govern timelines or responsibilities, a suspensive condition operates as a legal switch. Once the condition is fulfilled — such as securing a bond or providing proof of approved building plans — the agreement "switches on" and becomes binding. If it isn’t fulfilled within the specified timeframe, the contract falls away automatically, with neither party liable for breach.
The absence of municipal records does not necessarily mean the structures are unlawful, but it can result in practical and legal complications. Buyers may raise objections, banks may withhold bond approval, and conveyancing attorneys may be unable to proceed with registration. In short, missing building plans can stall or derail a transaction — and often do.
According to Cor van Deventer, director at VDM Attorneys, the Johannesburg Deeds Office continues to face multiple challenges. “We’re dealing with a fire- and flood-damaged building, a reduced team, safety concerns, and chaotic record-keeping,” he explained. “It’s creating enormous pressure, especially for sellers who depend on swift registration to unlock funds.”
Electric fences may feel like a private matter — your wall, your wires — but they’re actually governed by laws designed to protect people, animals, and property. Improper installation can lead to electric shocks, fires, or disputes with neighbours. With reports of illegal or non-compliant installations on the rise, authorities have doubled down on enforcement.
The Property Practitioners Act imposes a detailed and enforceable framework for how property practitioners must conduct themselves in practice. It touches everything from how records are stored and how deals are marketed, to who you can work with and what happens if you get it wrong.
The Property Practitioners Act was introduced to replace and modernise the outdated Estate Agency Affairs Act, which had been in place since 1976. The Act came into effect on 1 February 2022, ushering in a new regulatory era for estate agents, property brokers, auctioneers, and other professionals involved in property transactions.
A recent judgment handed down by the Western Cape High Court has brought much-needed clarity to a question that estate agents, sellers, and property attorneys frequently encounter: Can a party claim commission simply because they facilitated a sale — even if they're not named in the signed sale agreement?
Under South African law, estate agents and property practitioners are held to strict compliance standards — especially when it comes to their entitlement to commission. One of the most critical of these requirements is holding a valid Fidelity Fund Certificate at the time of performing any estate agency service.
Transfer duty is a tax levied by the South African Revenue Service (SARS) on the acquisition of fixed property when the seller is not a VAT vendor. Transfer duty must be paid before the property can be registered in the buyer’s name, and proof of payment is submitted to the Deeds Office during the transfer process.
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