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Filter: Residential
Can I run a business from a residential property?

14 September 2021,  Cleopatra Mukhari

I’m looking at buying an old house and renovating such to use as offices for my general medical practice. In... the area that I’m looking at there are a number of small businesses also operating from houses. However, I want to make sure I’m allowed to run my practice from this property. How can I do that?

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2676
Article
When floods damage property, who is liable? Owner or tenant?

01 February 2021,  Jaco Van den Berg

With large parts of the country having recently been flooded due to heavy rainfall, many people have suffered damage to... their property.Naturally, when rental property gets damaged due to rain or floods, the question then comes up of who will have to pay for the repairs? The tenant or the owner?The general rule is that the risk and liability involved with immovable property will always be that of the owner.This means that the owner of the property will be responsible to repair damage to the structure or permanent fittings to the property. The owner will have to repair any damage caused by acts of nature, which is outside of human control, such as floods, violent storms, earthquakes and other natural disasters.The tenant will only be liable for damage caused to the property by his or her negligence. For example, if the tenant negligently causes a fire in the kitchen and burns the property down, the tenant will be liable for the damage caused to the property.With property in a sectional title scheme, the position is regulated by the Sectional Title Act. In terms of section 37 of the Act, the body corporate is responsible to repair damage to the common property. The roofs, outside walls and foundations all fall under the common property and therefore if there is water damage due to rain or floods, the body corporate will have to pay for the repairs. To summarise the position, the person who caused damage to immovable property will be liable to pay for the repairs. In the case where the damage caused is no one’s fault, such as in the case of floods or natural disasters, the owner of the property will be liable for the repairs.

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Blog
Can a body corporate institute action against the sectional title developer?

10 November 2020,  Corlia van Zyl

In our sectional title scheme, it has become clear that many of the structures on the common property have been... poorly built and are defective. However, the body corporate is uncertain whether it can take action against the developer for these defects and accordingly nothing is happening. Surely the body corporate should be able to do something?

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2511
Article
What's so risky about a risk clause in a property sale agreement?

03 November 2020

Conveyancers are confronted fairly often with disgruntled purchasers when they take occupation of their new property after date of transfer.... This is most often due to, for example: minor repair work such as shower doors not closing or in some instances, major repair work if for instance the geyser bursts and floods their new home.That's why, when entering into a sale agreement, as a Purchaser you must be aware what you are signing, the meaning of the clauses contained within that agreement and most importantly how those conditions will apply to you from date of signature to date of transfer.The Purchaser will want to hold the Seller liable to pay for the cost of these repairs. It is at this point (after date of transfer) that the Conveyancer will refer the Purchaser to the sale agreement, and more specifically the “risk” clause. The risk clause is standard in most Sale agreements and sometimes can be as minimal as a one-liner, such as “All risk and benefit of ownership shall pass to the Purchaser on date of transfer”. It may be minimal but, it packs a punch if you ignore it and are then forced to confront the reality of this clause.The risk clause entails, that once the property has been transferred into the name of the Purchaser, the risk also passes to the Purchaser on that date. This places the risk associated with ownership of the property and the burden of any repair work as specified in our examples above, on the Purchaser.If the scenario was different and possible repairs were brought to the attention of the Seller before transfer, the Seller would be obliged to then attend thereto. This would either be in terms of a clause in the agreement wherein the Seller warrants that the property will be maintained in the same condition (save for any repair work agreed to), usually from date of signature to date of occupation or in terms of agreement between the parties for any specified repairs.It is of utmost importance, that before you sign the agreement of sale, you inspect the property thoroughly and if you are unsure of dissatisfied with anything, you bring it to the attention of the Seller. The best way to do this and thereby safeguard your interests is to record it as a special condition within the sale agreement. It is then clear what each party's duties are and ensures a smooth transfer process for all parties involved.

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Blog
Is now the time to buy or rent?

12 October 2020,  Stacey Bartlett

I have been saving for some time now with a view to buy my own property. However, with all the... upheavals of the last year I’m wondering whether buying is still the right option and whether I should not continue renting. Any advice?

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2180
Article
Sectional Title body corporates, and Covid-19

10 July 2020,  Corlia van Zyl

I live in a small sectional title scheme and am on the body corporate. We have tried to comply as... much as possible with the Covid-19 regulations but am unsure about what we may or may not do in this time. Is it possible to get some guidance in this regard?

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2558
Article
What to do when a business opens next door to your house

11 April 2019,  Japie Kruger

Our house is situated in what used to be a quiet residential suburb. Lately though, more and more businesses have... started opening up around us with houses being converted into business offices. This has ruined our quiet neighbourhood and resulted in more traffic and other problems in our neighbourhood. Surely businesses cannot just open up offices in a residential area? Is there anything we can do?

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