Page 14 - Nexia SAB&T Property and Tax Guide 2025

COMPLIANCE CERTIFICATES
The contract of sale is required to include clauses which deal with the Electrical,
Beetle, Gas and Plumbing Certificate (where applicable). The City of Cape Town: Water
Amendment By-law, 2018 provides that the seller must, before the transfer of a property,
submit a plumbing Certificate of Compliance from a registered plumber (who must
be registered with CoCT), certifying that any water installation (including alternative
water connections) conform to the by-law and any National Building Regulations and
Standards. Conveyancers attending to the transfer of a property are required to ensure
that the requisite compliance certificates are received well before registration at the
Deeds Office.
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 he places his home on the market for sale. 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, or a warranty clause that plans have been
approved by the local authority. 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
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