Page 31 - Nexia SAB&T Property & Tax Guide 2022

THE ELECTRONIC
DEEDS REGISTRATION SYSTEMS ACT

The Electronic Deeds Registration Systems Act (19 of 2019), was signed into law on the
19 September 2019, and published in the Government Gazette on 3 October 2019, and will
come into operation on a date fixed by the President by proclamation in the Gazette (who
may set different dates for the coming into operation of any or certain provisions of this Act
for the different deeds registries). The Act aims to facilitate the development of an Electronic
Deeds Registration System, known as e-DRS – which will enable the electronic processing,
preparation, lodgement and registration of deeds and documents by conveyancers and the
Registrar of Deeds over the internet.

REGULATIONS FOR NEW BUILDINGS AND
ENERGY USAGE

The Energy Efficiency Regulations for energy usage in buildings provide that all new
buildings and building extensions in South Africa must conform to the regulations on energy
conservation, including homes, industrial buildings, hotels and schools. Building plans will not
be approved without compliance, and Inspectors are required to confirm same, specifically
energy usage requirements. No compliance – no Occupancy Certificate.
TAX ALLOWANCE FOR ENERGY-EFFICIENCY SAVINGS
Regulations on the tax allowance for Energy-efficiency savings stipulate that any company
holding a certificate that can prove their energy savings are genuine, can submit the certificate
to claim an allowance from SARS. The allowance is as contemplated in Section 12L (2) of the
Income Tax Act, 1962. Section 12L provides that tax incentives are available for savings in all
energy forms, and not only electricity. The energy-efficiency savings tax incentive is calculated
at a rate of 95c/kWh and also applies to cogeneration projects.

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