Page 14 - Nexia SAB&T Property & Tax Guide 2022

ELECTRIC FENCE REGULATIONS
Regulation 12 of the “Electrical Machinery Regulations” require that you have an “electric
fence system certificate of compliance” if you install, add to, or alter an electric fence after
1 October 2012, or where there is a change of ownership of the premises on which the system
exists, if the change of ownership takes place after 1 October 2012.

DISCLOSURE OF LISTED INVASIVE SPECIES
The National Environmental Management Biodiversity Act (10 of 2004) requires that the
seller of an immovable property must, prior to the conclusion of the relevant sale agreement,
notify the purchaser of such immovable property, in writing, of the presence of listed invasive
species on the property. The obligation and the duty to remove could be negotiated between
the seller and the purchaser.
BUILDING PLANS
The seller must ensure that all the buildings and structures on the property are approved
by the relevant local authority. Before a seller places his home on the market for sale, he
should make sure the approved plans reflect the buildings and structures on the property. It
is best practice to include a clause in the sale agreement which deals with the building plans
specifically. The clause may state that the property is sold subject to the condition that plan
approval is obtained and provided to the purchaser prior to transfer, or that the purchaser
acknowledges the absence of approved plans and accepts the liability for the risks associated
therewith expressly. The seller cannot rely on the voetstoots clause to protect him in the event
that plans are not approved, and he fails to disclose, as this will be deemed to be a latent
defect known to the seller.
OCCUPATION CERTIFICATE
An Occupation Certificate is a requirement in terms of the National Building Regulations and
Building Standards Act (103 of 1977), and is issued by the local authority. It ensures that,
a building is fit for human occupation, by stating that the roof has been inspected by a truss
installer or engineer and is safe, that the plans were properly approved, that all drainage and
plumbing work has been certified, that the windows were approved by a Glazing Certificate,
that there is an electrical certificate of compliance, that any zoning or similar amendments
have been completed, that an engineering completion certificate from a structural or civil
engineer stating the property is safe, has been issued, and that, if the property has a thatch
roof, that a Fire Certificate has been obtained. The Occupation Certificate is essential, when
applying for insurance on a property, or for a home loan / mortgage bond.
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