In commercial transactions concluded by a party registered as a VAT vendor in the terms of the Value Added Tax Act, 1991 (the Act ), the vendor charges VAT at the standard rate of VAT (currently 15%) on goods or services provided by him in the course of his enterprise as a vendor. Not all […]
Simplifying VAT: How Zero-Rated Transactions Benefit Property Purchasers Read More »
It often happens that an owner wants to increase the size of their apartment or home by adding extra space. This could be done by either creating a patio or extending an existing room or similar. Also possible is the erection of a free standing building on common property linked to the section in question.
Sectional Titles Act: Know the law before extending your home Read More »
SIGNATURE OF DOCUMENTS Despite the increasing popularity of electronic signatures, certain documents still require signatures in the old-fashioned way (ie by wet ink) to ensure their compliance with the relevant statutory law. These are: 1. Agreements for the disposal of land (The Alienation of Land Act, 1981) 2. Wills (The Wills Act, 1953) 3. Cheques(!),
Understanding the circumstances under which a lease can be terminated is crucial for landlords and tenants. Whether the lease is for a fixed term or month-to-month, various factors come into play when considering early termination. A tenant may cancel a lease in the following situations: 1. If the lease is for a fixed term and
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The Sectional Titles Act of 1986 has very stringent provisions relating to the rights of certain tenants, which affect the developer’s application for the approval of his/her sectional plans and the sales of specific units. DEVELOPERS APPLICATIONIf a developer intends to open a sectional title register in respect of a building which has, either wholly
SECTIONAL TITLE DEVELOPERS BEWARE Read More »
It is a common commercial practice to secure the settlement of a debtor’s indebtedness to his creditor; assets belonging to the debtor are mortgaged as security. There are two types of mortgage available in our law : Mortgages of immovable property, i.e. land Mortgages of movable property, i.e. physical assets, incorporeals, intangible assets. In short,
The term “servitude” is often used in the context of the ownership of immovable property i.e. land.But what is a servitude? In its broadest sense, a servitude is the right to use your land or a portion of it for a particular purpose. Servitudes are typically either personal or praedial. A PERSONAL SERVITUDE, as the
You’ve just built your home on a hill overlooking a valley that has a stream running through it. You have a beautiful view of the valley and the stream in particular from the patio of your house. Paradise on earth. One day while relaxing on your patio you see evidence of building construction work lower
An agreement for the purchase of a property from a deceased estate cannot be concluded unless and until an estate representative has been appointed. The representative in this context is the executor who is usually nominated in the deceased’s will to act as such. Once a deceased estate has been reported to the Master of
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In the context of property developments and sales the term “occupancy certificate” is often referred to. The applicable law is the National Building Regulations and Building Standards Act 103 /1977 What is an occupancy certificate (also known as a certificate of occupancy or a use certificate )? Before a building on a property may be
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