In The News
Property related matters
Consumer Protection Act
January 12, 2023
The South African National Consumer Protection Act(CPA) came into effect on 1 April 2011. The Act is aimed at promoting fairness, openness and good business practice between the suppliers of goods or services and consumers of such goods and services.
POPI Act
January 12, 2023
The Protection of Personal Information Act 4 of 2013 aims:
to promote the protection of personal information processed by public and private bodies;
to introduce certain conditions so as to establish minimum requirements for the processing of personal information;
to provide for the establishment of an Information Regulator to exercise certain powers and to perform certain duties and functions in terms of this Act and the Promotion of Access to Information Act, 2000;
to provide for the issuing of codes of conduct;
to provide for the rights of persons regarding unsolicited electronic communications and automated decision making;
to regulate the flow of personal information across the borders of the Republic; and
to provide for matters connected therewith.
FICA Act
January 12, 2023
The Financial Intelligence Centre Act (38 of 2001) (the FIC Act) came into effect on the 1st of July 2003. The FIC Act was introduced to fight financial crime, such as money laundering, tax evasion, and terrorist financing activities.
The FIC Act brings South Africa in line with similar legislation in other countries designed to reveal the movement of monies derived from unlawful activities and thereby curbing money laundering and other criminal activities.
Property Practitioners Bill
January 12, 2023
The Property Practitioners Bill, 2018 is intended to replace and repeal the Estate Agency Affairs Act of 112 of 1976 and is intended to govern amongst other estate agents. It was introduced to the National Assembly on 14 June 2018 and was passed by the National Assembly on 4 December 2018.
The SPLUMA Act
4 March 2020
The SPLUMA Act and how it will affect property sellers?
According to new legislation, all municipalities will have to be compliant with the SPLUMA (Spatial Planning and Land Use Management Act) by October 2020.
From October 2020 going forward the National Deeds Office will now require a SPLUMA certificate from the local municipality in which a property is located before any property transaction can be concluded.
In order to obtain a SPLUMA certificate from the local municipality, it is said that a seller should have the following in place:
An affidavit signed by the seller and filed at the municipality with an application wherein the owner states that the relevant plans pertaining to the property are in order, accurate and have been filed with the local municipality.
All rates and taxes and any other funds pertaining to the property must be paid up to date.
Building plans for all buildings (including the swimming pool and lapa) need to be approved and submitted. Should these plans not be compliant, the seller will need to appoint an architect or draughtsman to prepare the plans for lodgement with the municipality.
The use of the property needs to be in accordance with municipal zoning.
There should be no encroachments over the building lines and property boundaries.
The process to apply for the certificate should be started as soon as the property is listed as it could be a time-consuming exercise taking up to three months.
“Sellers would need to apply for this certificate at their local municipality, but unfortunately the costs associated with obtaining the certificate has not been finalised yet.''
The legislation was established in order to create a uniform set of planning legislation in order for municipalities to apply land use control.
“The reason for the certificate is to ensure the zoning of the property matches the land use and to determine that all the buildings on the premises are in accordance with approved building plans which should be filed at the municipality.
“Not all municipalities have been applying this Act in its entirety and everyone should be compliant by October”.
There are many benefits with regard to SPLUMA for buyers and the city council, it may be a challenging and time-consuming process for sellers to obtain these certificates from municipalities that are already under pressure – especially when physical inspections to the property are also needed.
SA Budget 2020
26 February 2020
Finance Minister Tito Mboweni started his budget speech with his usual aloe reference: “The Aloe Ferox survives and thrives when times are tough. It actually prefers less water. It wins even when it seems the odds are against it.”