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Documents for Sectional Title Development in South Africa
When a new sectional title scheme is launched, the developer's involvement doesn't end with the construction and sale of units. One of the most important but often overlooked aspects of scheme establishment is the legal handover to the body corporate. This is not merely a ceremonial step — it is a statutory requirement
Why Community Schemes Need Van Deventer Dowlath & Marx Incorporated (VDM) for Scheme Compliance
Rules in community schemes such as Homeowners Associations (HOAs) and Bodies Corporate form the backbone of harmonious, compliant, well-managed residential communities in South Africa and serve as the foundation for effective management, legal compliance, and dispute resolution.
City of Johannesburg to Deduct Outstanding Municipal Debt from Property Sale Proceeds
The City of Johannesburg has confirmed that it plans to begin deducting unpaid municipal debt directly from the proceeds of property sales before transfer can take place. This has raised concern among property owners, conveyancers, and legal practitioners alike.
Can a Body Corporate Withhold a Levy Clearance Certificate for Rule Violations?
When a sectional title unit is sold, a crucial part of the transfer process is obtaining a levy clearance certificate from the body corporate. This certificate confirms that all outstanding levies and charges due to the body corporate have been settled by the seller, and it is a legal prerequisite for the transfer of o
Causes of Estate Administration Delays in South Africa
The process of winding up a deceased estate in South Africa is often far more time-consuming than most people anticipate. It's not unusual for it to take anywhere from six months to three years to finalise, depending on the size and complexity of the estate, as well as the preparedness of the deceased and their family.
Resumption of Rate-Cutting Cycle
The Monetary Policy Committee (MPC) of the Reserve Bank lowered the repo rate by 25 basis points at its May policy meeting, after stalling the rate-cutting cycle in March. This was the fourth rate cut since September last year, with the prime overdraft rate of the commercial banks now standing at 10.75%. Compared to th
The Right Trustees Make or Break Your Trust
Choosing trustees is one of the most consequential choices you will make when establishing a trust. Trustees are the people - or professionals - who will hold legal control over the assets in your trust and make decisions that directly affect your beneficiaries. In many cases, they will continue in this role long after the
Open for Public Participation – Revised Rules for Gated Suburban Areas
In response to proposed amendments concerning the closure of suburban roads, the City of Johannesburg has invited public participation. The Security Access Restrictions Policy, originally enacted in 2014, governs how road closures may be implemented. However, evolving urban circumstances have prompted a need to revise
Drafting and Enforcing Contracts in South Africa
A contract is only enforceable under South African law if it meets certain essential requirements. At its core, a legally binding contract is an agreement between two or more parties with the intention to create enforceable obligations.
How Estate Agent Commission is Negotiated and Paid in SA Property Sales
When selling property in South Africa, one of the most significant costs a seller will face is estate agent commission. It's not just a line item in the agreement — it can amount to tens or even hundreds of thousands of rand, depending on the final sale price. And yet, many sellers go into the process without fully und
Joburg Deeds Office in Turmoil – How It’s Disrupting South Africa’s Property Market
A burst sewage pipe may have been the final trigger - but the decision to relocate the Johannesburg Deeds Office has been a long time coming. After years of complaints, structural issues, and service delays, the Department of Agriculture, Land Reform and Rural Development (DALRRD) has confirmed that the deeds registry wi
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