Page 29 - Silverlakes December 2021

PROPERTY NEWS

Let’s talk…. CERTIFICATES OF

COMPLIANCE AND BUILDING PLANS

When selling a property, there are a few obligations on the seller to supply certain
certificates as well as building plans.

Certificates required that may be required. The property cannot obtain the certificate and it must be supplied
be transferred without the certificate, to the purchaser before the date of transfer.
ELECTRICAL and the purchaser must make sure that
This certificate certifies that the electrical he/she receives it before the property is Note that a new certificate must be issued with
installation on the property complies with transferred to his/her name. The parties every transfer of any property, irrespective of
the prescribed standards of safety, as can also agree that the seller does not the age of the certificate.
governed by the Occupational Health and have to provide this certificate at all, but
Safety Act 85 of 1993. then the purchaser cannot claim from the BUILDING PLANS
seller after the property is transferred to It is the responsibility of the seller to supply
The certificate may not be older than two his/her name if any repairs are required on municipally approved building plans to the
years, and no alterations/modifications or the electrical installation of the property. purchaser. This is often overlooked and is not
changes to the building must have been necessarily a condition in the sale agreement.
affected since the issuing of the certificate. GAS
Otherwise, the seller must provide a new A gas certificate certifies that any gas The fact that the Deed of Sale does not
certificate. installation on the property complies with stipulate that the seller will deliver approved
the Occupational Health and Safety Act. building plans at registration does not relieve
The parties can agree that the purchaser The parties cannot agree to contract out of the seller of this responsibility.
will pay for the certificate and any repairs supplying this certificate. The seller must
The Silver Lakes Home Owners’ Association
also requires approved building plans before
issuing their clearance certificate. Should the
building plans not be available, the parties
may reach an agreement which can stipulate
that the seller will supply these plans to the
purchaser within a reasonable time after
registration. This can be done in an effort not
to delay transfer.

Call: 083 551 7122
Email: leroux.marlie100@gmail.com

INTRAMUROS DECEMBER 2021 | 27