More Articles

Market News

SA’s VAT increase transition for property transactions

6

For the first time in 25 years, the Value Added Tax (VAT) rate in South Africa will be increased by 1% from 14% to 15%. Here’s what this means for property transactions…

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Legislative Guidelines

Borehole regulations you need to know

1858

Putting in a borehole on a property is often an attractive option for owners as it provides a convenient and cost-effective source of water. But before drilling for water, be sure to comply with all relevant regulations to avoid unpleasant penalties.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Buying a property for someone else

2842

While a less common scenario, it is possible for an individual to make an investment in or finance the purchase of a property with the intention of another becoming the owner, and although the transfer process remains largely unchanged, there are a few things to be aware of.

Read More
Property Transfers | Bond Registrations | Snymans Attorneys
Contractual Matters

Rent-to-buy agreements

3215

The reality of the current South African economic climate is such that a considerably large number of bond applicants are unsuccessful, while sellers often experience difficulties in selling their properties at a desirable price. The rent-to-buy option is one that addresses both the buyer and seller’s concerns.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Legislative Guidelines

The Deeds Office purpose and process

3106

All title deeds – documents that confirm ownership of immovable property that is land – are registered, processed and stored by the South African Deeds Office. This information is vital as part of property transfers and ensuring accurate data is contained in the Deeds Registry is important for all parties concerned.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Sectional Title Governance

Avoid special levy shock

1268

A special levy can come as a rather unpleasant shock to sectional title unit owners when the added expense was not expected. As such, property owners should make themselves aware of what to expect when such costs are incurred.

Read More
Transfer Attorney
Contractual Matters

Why do I need a transfer attorney?

7381

Buying a property is the largest purchase that many of us will make in a lifetime, and as such should be dealt with carefully and with the assistance of experts in the field.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Buying Property on Auction

8851

Buying a property on auction, while potentially offering valuable investment opportunities, can be daunting to those not familiar with the process. But with some basic background and know-how, it need not put off potential buyers.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Sectional Title Governance

Body Corporate Rules

2087

Body corporate management and conduct rules play an essential part in the effective and smooth operation of a sectional title scheme, so it’s crucial that owners and trustees are aware of the requirements in drawing up and amending these rules.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Property Finance

VAT or Transfer Duty?

2321

Buying a property comes with a number of expenses in addition to the basic sale price, one of which will be either VAT or Transfer Duty. Every property transaction will incur one of these two forms of tax, but it is important to understand the difference and know which will be applicable as they have different consequences for the buyer and seller in a transaction.

Read More
Transfer Attorney
Sectional Title Governance

Body Corporate AGMs – why you should attend

3418

Sectional title property owners often view the body corporate annual general meeting (AGM) as a formality or even an inconvenience, but attendance at these meetings is an important part of sectional title ownership and should be viewed as such.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Legislative Guidelines

Two pieces of legislation you should know about

4947

Staying up to date on current legislation is essential, not only for legal professional but also for individuals, to ensure all transactions are concluded correctly and in line with all relevant legislation.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Drawing up a will – what you should know

11835

The death of a loved one is a difficult time, and the administration and distribution of the deceased estate can involve a great deal of time and work, but a valid Last Will and Testament can ease the pressure considerably.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Legislative Guidelines

Buying a property in the name of a company or trust – the pros and cons

5759

There is much written about the sale and transfer of property by individuals in their personal capacity. But transactions involving the purchase by a legal entity such as a company, trust, or close corporation are dealt with slightly differently.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Think before you sign – an offer to purchase is a legally binding contract

13453

An offer to purchase (OTP) can be seen as the quintessential document governing the sale agreement between the seller and purchaser. As such, it should be completed accurately and with great care.

Read More
What Happens To The Ownership Of My Property When I Get Married
Contractual Matters

What can be considered when entering into an Antenuptial Contract

11679

For those entering into a marriage out of community of property, an antenuptial contract (ANC) is a must and therefore plays an integral role. And while there are many elements that are typically included, an antenuptial contract can be drafted in a number of ways to suit the unique needs of individuals.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Sectional Title Governance

An overview of sectional title levies

2487

For many, buying into a sectional title scheme comes with peace of mind knowing that the regular levy costs incurred will cover the expense of ongoing maintenance to the sectional scheme. However, it is important to understand what these levies cover and who is responsible for what.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Legislative Guidelines

The Property Practitioners Bill – what you need to know

6504

Currently regulated by the Estate Agency Affairs Act, 112 of 1976, the estate agent profession is set to see new legislation come into force in the near future.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Legislative Guidelines

Historical monuments and renovation restrictions

5828

South Africa has a diverse and rich history, represented in the buildings that have been built throughout the years. To ensure their lasting value and to preserve this legacy, these buildings are protected through legislation that regulates and restricts renovations and alterations made to buildings classified as historical monuments.

Read More
Contractual Matters

Latent vs patent defects

12702

Making an informed decision regarding the potential investment opportunity when purchasing a property relies significantly on having a clear idea of both latent and patent defects relating to the property.

Read More
Transfer Attorney
Legislative Guidelines

My name has changed – what happens to my property’s title deed?

4994

Depending on the reason for a change in name, the Deeds Registries Act may prescribe that the Deeds Office records need to be updated through an endorsement against a property’s title deed to reflect this change.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Extending your bond

8956

A bond or home loan is often a necessity when buying a property and many consider the primary aim to be paying this loan off, but there are a number of alternatives that could come in handy.

Read More
What Happens To The Ownership Of My Property When I Get Married
Legislative Guidelines

Muslim marriages and the ownership of property

846

While South African law has historically catered to those married through a civil union or indigenous customary marriage, Islamic customary marriages have typically not enjoyed the same recognition. However, much has changed in recent years.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Cancelling your bond: What you need to know

10424

Paying off and cancelling a home loan is often viewed as a significant goal being achieved, but before launching into this step, there are a number of aspects to consider – not least of which is whether cancelling the bond is, in fact, the right decision.

Read More
Transfer Attorney
Contractual Matters

Buying Property as an Unmarried Couple

7071

While there are important considerations for unmarried couples who choose to enter the property market together, doing so with care should still result in a positive long-term investment.

Read More
Property Transfers | Bond Registrations | Snymans Attorneys
Contractual Matters

Retirement Villages and Life Rights

9480

We commonly discuss the merits of, and differences between freehold and sectional title properties, but retirement villages often provide a third alternative to these two forms of ownership – Life Right Schemes – for those looking for a lifestyle change in old age.

Read More
Property Transfers | Bond Registrations | Snymans Attorneys
Legislative Guidelines

Subdivision of property in South Africa

5421

There are several potential benefits associated with property subdivisions, but before moving ahead with plans to subdivide a property, owners need to take into account a number of factors.

Read More
Property Transfers Registered
Market News

SA property market in numbers – it’s not all doom and gloom

849

2016 has been labelled an all round poor year, and while the impact of economic and political crises – both locally and internationally – cannot be ignored, the South African property market has continued to weather the storm.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Legislative Guidelines

How soon after buying can you sell?

3550

For many property investors and speculators, time is the key in a successful and profitable property transaction. Here’s what you need to know about Simultaneous Transfers.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Legislative Guidelines

FICA – Your protection against fraud

2990

With the threat of fraud ever present in large financial transactions, FICA is being effectively implemented by accountable institutions to remove the risk for all concerned…

Read More
Legislative Guidelines

Compliance Certificates: a matter of safety

2216

The various compliance certificates required to transfer a property can contribute to ensure a property is safe, secure and in good condition. Here’s what you need to know.

Read More
Property Transfers | Bond Registrations | Snymans Attorneys
Legislative Guidelines

Buying tenanted properties – don’t get caught out

3540

Tenants in properties that are being sold have the potential to become a headache for buyers wanting to make the property their home, but clear agreements and terms can put that to rest.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Property Finance

Deposits on new developments

3861

Purchasing a property off plan is often considered a good investment. But before putting down a deposit, it’s important to understand what this means…

Read More
Property Transfers | Bond Registrations | Snymans Attorneys
Contractual Matters

As the new owner, when can I move in?

8139

Timing your move in conjunction with the registration of a property transfer can be tricky, but there are ways to manage occupation dates through the contract of sale.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Property Finance

2016 – a year in review

4351

2016 is fast approaching its end, providing an opportunity for us to reflect upon what has been an exciting and successful year, although it has not been without its challenges.

Read More
Property Transfers | Bond Registrations | Snymans Attorneys
Property Finance

Buyers beware of the “subject to bond approval” clause

7074

The ins and outs of “subject to bond approval” clauses.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Property Finance

What lurks beneath the repo surface?

4276

The pros and cons of investing in repossessed property.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

How sellers can optimise their chances of success

8250

Bond approval conditions in an offer to purchase, the continued marketing clause, and how these work in practice.

Read More
Transfer Attorney
Sectional Title Governance

What you need to know about the new Sectional Titles Schemes Management Act

3323

The Sectional Titles Schemes Management Act (STSMA) has been signed into law and became effective on 7 October 2016. As a result, trustees of sectional title schemes will have to reassess the levy contributions from owners each month.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Legislative Guidelines

Don’t Land Up In Hot Water

3542

The potential impact of unapproved building plans when it comes time to sell.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

He Said, She Said

7273

The most common causes of Estate Agent commission disputes and how to avoid them.

Read More
Sectional Title Governance

Must-knows about extending a Sectional Title Unit

2896

While extending a property might be a good investment, there are a number of factors to consider when it comes to sectional title unit. 

Read More
Transfer Attorney
Contractual Matters

Until divorce do us part

6103

The divorce process can be complicated by many factors, one of which is the ownership of immovable property.

Read More
Property Transfers | Bond Registrations | Snymans Attorneys
Property Finance

Must-knows about new developments

4381

New developments bring a level of unknown into the property purchasing equation. Exciting or intimidating, there are a number of things to consider before taking the plunge.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Contract of sale: These clauses could cost you

5095

To reduce risks and avoid any disagreements or negative outcomes, there are a few vital things that should be included in the contract of sale.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Legislative Guidelines

Can a minor inherit immovable property?

3864

South African law makes provision for a minor child to own an inherited property with the assistance of their legal guardian.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Property Finance

Homeowners insurance is required for a bond

2268

Financial institutions will typically require a buyer to take out homeowners insurance before approving a bond application.

Read More
Property Transfers | Bond Registrations | Snymans Attorneys
Rental Management

What is a ‘long term lease’?

3928

A long term lease entitles the lessee to a limited real right over a property for an agreed period of time ranging from 10 years to 99 years.

Read More
Property Transfers | Bond Registrations | Snymans Attorneys
Legislative Guidelines

Back off my boundary!

1829

When considering renovations to a property, there are typically requirements in place that stipulate how far a building must be from a road or a boundary wall.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Property Finance

How to get a bond if you’re self employed

963

While there may be additional information required to successfully be granted a home loan, being self-employed should not be seen as an obstacle to accessing finance.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Sectional Title Governance

Can trustees be paid for their time?

2525

The role of trustee is often a thankless and time consuming responsibility, and the question is often raised whether they should be remunerated for their work or not.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

What to do when tenants refuse to leave

2138

Eviction is a tricky process and one which needs to be handled correctly to avoid any legal repercussions – if the correct process is not followed, the landlord may be punished by the courts and in the most severe cases, imprisoned.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Legislative Guidelines

Working from home can save you tax

1894

Working from home is becoming increasingly popular, largely due to the increasing ease of connectivity. While there are many pros and cons that could be argued about making one’s home double up as an office, the tax implications of this decision should also be considered.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Property Finance

Repainting a rented property – who should pay?

1235

Maintenance of houses and apartments can be a costly aspect for any property owner, but when it comes to renting, who is responsible for these costs – the owner or the tenant?

Read More
Property Transfers | Bond Registrations | Snymans Attorneys
Contractual Matters

Can I reject a signed offer to purchase in favour of a higher offer?

938

An offer to purchase is a legal document and, once signed by both the buyer and seller, it becomes a legally binding agreement.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Property Finance

All rental income should be declared to SARS

302

Income received from investment and rental properties falls into the category of taxable income, and as such should be declared to SARS and included in your annual tax return.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

What happens if a suspensive condition is not met?

2794

A suspensive condition is a term or clause within a contract that clearly stipulates a particular criterion that must be met in order for the contract to come into force. Should the suspensive condition(s) not be met, the contract will be void.

Read More
Property Transfers | Bond Registrations | Snymans Attorneys
Contractual Matters

What happens to the ownership of my property when I get married?

372

There are three types of marriages that one can enter into in South Africa, each of which will have different consequences on the ownership of property.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Legislative Guidelines

Properties using borehole water must display a sign

3283

Due to a significantly dry winter across the country, and many dams being alarmingly low, severe water restrictions have been implemented in most regions.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Property Finance

Beware of Capital Gains Tax when you sell

1510

At first glance, Capital Gains Tax (CGT) may seem like yet another thing to worry about when completing a tax return, but it needn’t cause confusion.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Sectional Title Governance

Ask to see the body corporate’s financial statements before buying

960

Over and above the structural integrity of a building, when buying into a sectional scheme there are a number of elements that should be inspected closely to make a good investment.

Read More
Property Transfers | Bond Registrations | Snymans Attorneys
Contractual Matters

Exclusive use area rights must be registered

600

Exclusive use areas, a common feature in sectional title properties, often cause uncertainty in the minds of property owners when it comes to rights over this land.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Why was I not given the title deed for my property?

444

Ownership seems like a simple concept; you buy something and you become the sole owner of that object. Unfortunately, the reality is not always quite as straightforward as it seems.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Sectional Title Governance

Structural alterations require body corporate approval

1165

It is important for potential owners to understand the benefits and potential drawbacks of buying into a sectional scheme.

Read More
Property Transfers | Bond Registrations | Snymans Attorneys
Contractual Matters

Verbal vs. written contracts

5528

Although verbal contracts are binding under South African law, it is often important, and in some circumstances necessary, to put something in writing.

Read More
Property Transfers | Bond Registrations | Snymans Attorneys
Legislative Guidelines

If I don’t have a Will, who will inherit my property?

610

Inheritance of assets in a deceased estate, and in particular of immovable property, can be complex.

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Property Finance

A bank may require notice to cancel a bond

267

Paying off a home loan ahead of schedule can be beneficial, but paying close attention to the agreement is important to avoid additional fees…

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Can I cancel my Offer to Purchase?

20343

A signed Offer to Purchase is a legal, binding document which can only be cancelled under certain circumstances…

Read More
Property Transfers | Bond Registrations | Snymans Attorneys
Contractual Matters

The sale of immovable property?

2111

What does the process of selling / buying a property entail?

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

What causes registration delays?

227

What can cause my transfer / bond registration to be delayed?

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Property Finance

Non-Residents

189

May Non-Residents buy a property in South Africa?

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Legislative Guidelines

The Electrical Compliance Certificate

422

Who is responsible for providing an Electrical Compliance Certificate?

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Sectional Title Governance

Refund from the Local Authority after registration

1070

Will I get a refund from the Local Authority after registration and how does it work?

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Contractual Matters

Rates & Taxes Clearance Certificate

269

Why is it necessary for a Rates and Taxes Clearance Certificate to be issued?

Read More
Property Blog Articles | Advice | Contractual Matters | Market News
Property Finance

Transfer Duty

279

To whom is Transfer Duty Payable and how is it calculated?

Read More

Need more Snymans content?

Sign up for our monthly newsletter.