Latest Property Articles

Electric fences and compliance certificates

ZA Property Portal Author: Proprop (Pty) Ltd - Head office — 2013-05-17

Participants in the Property industry need to be cognizant of the latest developments in respect of the provision of an Electric Fence System Certificate of Compliance that governs immoveable property sold with an electrical fencing system in place.

Whilst it is customary for a Seller to provide an electrical compliance certificate in terms of the Occupational Health and Safety Act 85 of 1993 (the Act) a “user” of an electric fence system, in existence after the1 October 2012, is now obliged to render a certificate of compliance in respect a electric fence system, or if an alteration or addition has been made to a system installed prior to October 2012.

This is an additional requirement and is separate from an electrical compliance certificate.

It is envisaged that these fences will be inspected and evaluated to ensure that they are compliant. Should a fence be found to be non-compliant remedial measures will be required to be taken with the Act providing redress under criminal law in instances of electric fencing found to be illegal.

The regulations relating to the change of ownership are unfortunately not as clear cut as the regulations relating to electrical compliance certificates. The regulations do not specifically state that the current user or seller is responsible for obtaining the electric fence system certificate before transfer, neither does it prohibit transfer of the immovable property from taking place without the certificate. Therefore it can only be inferred that the Seller will be responsible to provide the electric fence system certificate and will transfer it to the purchaser.

Furthermore, there is no time limitation which has been placed on the validity of the electric fence system certificate so a new electric fence system certificate is not required for each subsequent transfer of the immovable property unless an addition or alteration has been effected to the electric fence system since the issue of the previous electric fence system certificate.

There is a prescribed format for the electric fence system certificate and it can only be issued by a party that is registered as an electric fence system installer.

When entering into an agreement of sale for the purchase of immoveable property that has an electric fence system, it is recommended that it should be a condition of such agreement that an electric fence system compliance certificate should be delivered prior to the registration of the transfer of such property. The certificate is thereafter transferable, subject to the qualification above.

In respect of the transfer of ownership of a sectional title unit, where the fencing is erected on common property the Sectional Titles Act imposes a general duty on the body corporate to control, manage and administer the common property, of which such electrical system forms a part. A body corporate will be deemed a "user" in terms of the Act, and will subsequently be liable for the issuing of such certificate. When an owner therefore sells his sectional title unit, a certificate from the body corporate confirming that a compliance certificate exists in respect of the electric fence system, will suffice.

Unless it is stipulated by the Agreement of Purchase and Sale, there is no obligation on the conveyancer to obtain the certificate on behalf of the purchaser, unless this is expressly agreed upon in. Conveyancers may proceed with transfer of the property unless prohibited specifically in terms of the agreement of sale. A clause in a sale agreement that places an obligation on the seller to provide the purchaser with an electric fence system certificate serves the purpose by protecting both the Seller and Purchaser by certifying the validity of such installation.

Meredale ext 2

ZA Property Portal Author: Shelter Surge — 2011-03-21

4 bedrooms. 3 bathrooms. tilted diner and lounge fitted with fireplace leading onto entertainment area with sparkling pool with lapa on a landscaped garden, garaging for 2 cars, outside room that can be used as home office as well as the servant's room. R985 000.00. Tel Joe at 082 963 1310

House

ZA Property Portal Author: Alley Kolesky Properties — 2010-11-02

This lovely cosy home has the following to offer:

3 bedrooms each with own bathroom, 2 living areas, beautiful loft entertainment area, indoor braai, open plan kitchen, double garage, magnificent garden. 2 wendy houses included in the sale

This all for only R1 695 0000.00

THE BAD BOND CLAUSE THAT SANK THE SALE!

ZA Property Portal Author: Pronamic Real Estate — 2010-11-02

With property sales regularly falling through when the bank turns down the buyer's application for a bond, don't be tempted to word your bond clause too widely.

The danger of doing so is clearly illustrated in a matter recently before the High Court, where a developer had worded its sale agreement in such a way as to allow it to extend ("in its absolute discretion", and with neither notice to, nor permission from, the buyer) the time within which the buyer had to obtain a bond.

In effect, it depended "entirely on the will" of the seller to determine whether or not the buyer had performed in terms of the bond clause; and that, held the Court, rendered it "void for vagueness".

The buyer accordingly escaped from the sale.

Stunning! Masive! Modern home situated on the water in Port Owen Velddrif

ZA Property Portal Author: Admiral Island & Port Owen Estates — 2010-02-03

ref244 Modern Waterfront
• Newly built home situated on the Main Marina - spectacular views With high quality finishes’
• 3 Spacious Bedrooms
• 2 Bathrooms MES with imported fittings + Guest toilet with blue mosaic tiles
• Spacious lounge with frameless glass concertina doors to the marina
• Open plan Kitchen with eyelevel oven + gas hob
• Family room upstairs with frameless glass concertina doors to balcony overlooking the marina
• Fans throughout
• Extra Double garage with automated doors
• Furniture inclusive

DWARSKERSBOS

ZA Property Portal Author: ERA Carit Velddrif — 2009-10-30

THIS IS THE PLACE WHERE YOU CAN WALK FOR KILOMETRES ON THE BEACH,

AND WHERE YOU CAN SWIM SAFELY,

WHERE YOU CAN LIVE WITHOUT FEAR FOR CRIME,

WHERE YOU CAN WATCH THE WHALES FROM TIME TO TIME,

WHERE THE DOLPHINS SWIM,

WHERE THE BIRDS ENJOY THE FREEDOM OF NATURE,

WHERE YOU CAN WATCH THE SMALL BUCKS GRAZE IN THE NEARBY VELD,

WHERE YOU CAN SEA THE MOST BEAUTIFUL SUNSETS,

WHERE YOU CAN BUY STANDS FROM R295 000 AND SEAFRONT STANDS FROM R950 000.

THIS IS WHERE YOU CAN RETIRE OR JUST ESCAPE FROM THE CITY LIFE ON WEEKENDS, 170KM FROM CAPE TOWN.

THIS IS A JEWEL OF THE WEST COAST - KERSBOSSTRAND AND DOLFYNSTRAND!

BACHELOR FLAT

ZA Property Portal Author: Genprop — 2009-07-23

Mount Pleasant-upmarket furnished bachelor flat for R1950.00 P.M., available on the 1st of august. Please call 041 3681285 during office hours or Genevieve at 082 498 6827 for viewing. Thanks

Christian retreat - Bed & Breakfast

ZA Property Portal Author: RE/MAX Prime Properties — 2009-06-30

This grand lifestyle smallholding on 9,5 ha of pristine fynbos, with seaviews throughout. Ideal for Christian retreat, or bed and breakfast, consisting of 2 Guest houses, with numerous bedrooms, plus a 2 bed cottage, overlooking 2 beautiful dams. Direct access to the sea through a nature reserve.Quiet and serene

3 Bed, Waterfall, Secure Complex

ZA Property Portal Author: National Letting — 2009-06-08

Safe and Secure Complex. Hanly Park. 3 Beds- 1 ensuite bathroom, 1 seperate full bathroom. Big Kitchen, diningroom, lounge. Nice sized private garden, completely fenced in. Pet allowed. Private,walled-in washing line area in garden. Bathrooms, kitchen & diningroom beautifully tiled. Bedrooms and passage carpeted. Patio at front of house. 1 Garage, and space for 3 cars in driveway. Brickface walled around property with electric fencing on top with a secuirity patrol car to patrol property. Contact Candice 031 7621282- 0761011577

Available 1st July 2009

Hunting concession investment opportunity breaks new ground

ZA Property Portal Author: African Showcase Realtors — 2009-06-03

Selling game farms and hunting farms is what we do at African Showcase Realtors. But marketing a hunting concession on a private farm is new for us and is possibly a first in South Africa.

On offer is a US% 420 000 concession to hunt on a top Eastern Cape farm for 5 to 8 years. The investor and his guests stand to make a 10% annual return on investment through discounted game prices. Furthermore the investor will be assured of 4-star accommodation on-site during hunting trips (quality of accommodation close to hunting locations is a bugbear with many overseas hunters). The owner of the farm, who plans to use the concession income for game fencing, purchasing more game and upgrading the lodge, believes that potential investors who might otherwise have considered buying a game farm in South Africa might prefer this route as they get to enjoy the benefits without taking on the risk and hassle of running a farm.

Read more about this ground-breaking marketing intiative here.