The “Right to View” - Access to Property Before Transfer

Access to a property before transfer is often a source of tension in property transactions. Purchasers may want to measure, plan renovations, or familiarise themselves with their soon-to-be home, but the sellers are still the legal owners until registration and may be cautious about allowing access. This leads to the question, does a purchaser have a “right to view” before transfer?

Ownership and Access

Ownership of immovable property changes only once the transfer is registered in the Deeds Office. Until then, the seller remains in control and has the right to regulate access. Even if a sale agreement has been signed and all the suspensive conditions are fulfilled, a purchaser does not automatically have a right to enter the property. Any access granted without a formal agreement is allowed at the seller’s discretion.

Contractual Access

Any right to view must be clearly provided for in the sale agreement. Where permitted, access is generally limited to:

1. valuation, inspection, or compliance purposes;

2. obtaining quotations for repairs or renovations;

3. access at reasonable times and notice; and

4. on supervision by the seller or their property practitioner.

It is important to note that the right to view does not include occupation, storage of materials, or alterations unless explicitly agreed to in writing. Sale agreements must be carefully drafted to avoid misunderstandings and disputes.

The Courts Guidance

South African courts confirm that access is not automatic. In Motsielwa v Rakgokong and Another 2023 (1) ZANWHC 86 (North West High Court, Mafikeng), the court ordered the parties to cooperate with property viewings to facilitate the sale, but the ruling applied specifically to the obligations and circumstances of the parties. Similarly, when dealing with a deceased estate with restricted access to immovable property in A.C.L v A.P.S and Others 2023 (1) ZAWCHC 321 (Western Cape High Court, Cape Town); the court emphasised that access must be regulated according to legal obligations and fairness. None of the judgments recognised a general right for purchasers to view property before transfer.

Liability and Risk

Sellers should exercise caution when granting access. Until transfer, the property’s risk lies with the seller. If a purchaser, property practitioner or contractor is injured, or if damage occurs during a viewing, the seller could be held liable — especially in unsafe conditions and where warnings were not given. Limiting access or clearly defining its purpose, duration and entering into indemnity agreements where appropriate can reduce risk.

Early Occupation vs Viewing

It is also important to distinguish a “right to view” from early occupation. Early occupation is a separate legal arrangement, usually regulated by an occupational rent clause, which grants the purchaser broader use and possession rights before transfer. Viewing should not turn into early occupation without a clear, written agreement.

Final Thoughts

The “right to view” is not an automatic legal right in South African property law. It exists only where agreed upon by the parties in a sale agreement or when ordered by a court based on specific facts.

Contact our conveyancing team for professional guidance and assistance with drafting a sale agreement that will manage your risk and minimise disputes to ensure a smooth and efficient transfer process.

Written by: Maret Carroll
Moderated and approved by: Rohula Kgabu

‍