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Blog

  • Posted November 30, 2022

WHAT IS A CONVEYANCERS CERTIFICATE, AND WHEN WOULD I NEED ONE?

It has become common practice for municipalities to call for a Conveyancers Certificate upon submission of a Land Use Management (LUM) application. Such an application could be for a regulation departure on submission of building plans, an application for subdivision or rezoning of a property or an application for a particular consent use (eg to […]
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  • Posted October 26, 2022

I HAVE A TENANT IN MY PROPERTY… CAN I SELL?

You have just renewed your lease with your tenant and suddenly you find a beautiful home you love and you need to release some capital to purchase your dream house. Can you put your property on the market? What happens to the tenant? Whose rights are protected in this situation? YES, you can put your […]
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  • Posted September 23, 2022

UNDERSTANDING THE OCCUPATION CLAUSE IN A SALE AGREEMENT

Occupation refers to the right to physically occupy the property. This usually takes place when the keys are handed over and the Purchaser is actually entitled to move in. There are only 2 types of occupation that can be recorded in a Sale Agreement: “vacant occupation”: this means that from that particular date the Purchaser […]
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  • Posted August 31, 2022

TOP TIPS FOR NON-RESIDENTS WHEN BUYING IMMOVABLE PROPERTY IN SOUTH AFRICA

As winter has its last hurrah we anticipate that tourists and visitors will start making their way back to South Africa to enjoy our beautiful country and its warm weather. This influx of foreigners sees many falling in love with the country and taking advantage of the value that South African property holds – so […]
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  • Posted June 17, 2022

TRIPARTITE AGREEMENTS: ALIVE AND WELL OR DEAD AND BURIED?

We’re often asked whether it is possible to on-sell a property before the property has been transferred to the purchaser, thus circumventing the need to transfer the property twice (from original seller to purchaser, and then from “middle-man” purchaser to end-purchaser). This would involve a tripartite agreement between the three parties, which is best illustrated […]
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  • Posted May 25, 2022

SUBDIVIDING YOUR PROPERTY – WHAT YOU NEED TO KNOW

SUBDIVIDING YOUR PROPERTY – WHAT YOU NEED TO KNOW   WHAT DOES IT MEAN TO SUBDIVIDE YOUR PROPERTY? Subdivision entails a property owner dividing his existing freehold property into two or more smaller pieces of land. The new pieces of land are called subdivided portions. The property owner can then sell one or more of […]
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  • Posted April 26, 2022

WHO PAYS FOR WHAT IN THE PROPERTY TRANSFER PROCESS?

TRANSFER COSTS DEMYSTIFIED  Buying or selling property is a very important financial decision in the life of most people. The process of buying or selling a property remains daunting and somewhat mysterious,   and as the costs involved are significant, this is an important factor. At FHA we believe in keeping our clients informed so […]
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  • Posted March 22, 2022

RETRENCHMENTS: THE EMPLOYER’S CONTINUING COVID HEADACHE

With the advent of Covid-19 more than two years ago, the financial strain on companies has forced many to restructure their businesses, impacting most significantly on their employees. As a result, the Commission for Conciliation Mediation & Arbitration (CCMA) has received thousands upon thousands of complaints from aggrieved employees seeking to challenge the fairness of […]
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  • Posted February 25, 2022

AIRBNB AND SHORT-TERM LETTING IN CAPE TOWN – WHAT YOU SHOULD KNOW

Property owners beware: you cannot assume that you automatically have the right to rent your property on a short-term basis on online platforms such as the popular Airbnb. Remember that The City of Cape Town regulates all land use within its jurisdiction. This regulation is structured in the Municipal Planning By-Law (MPBL) of 2015, together […]
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