When preparing for a property inspection in South Africa, both sellers and purchasers need to understand what to expect, especially with the recent changes in legal requirements. Here’s a breakdown of what sellers should prepare for:
Certificates of Compliance (CoCs)
After the Offer to Purchase is signed, sellers must obtain the necessary compliance certificates. These certificates are mandatory and confirm that installations like electrical, plumbing, gas, and even beetle (wood borer) compliance meet the required safety standards. It’s important to engage accredited service providers recommended by your agent to ensure these standards are met. If any issues are discovered during these inspections, it is the seller’s responsibility to rectify them before the certificates can be issued. Failing to address these issues can pause the transfer process.
Mandatory Disclosure
Under the Property Practitioners Act of 2019, sellers are legally required to disclose known defects. This includes problems with the roof, plumbing, electrical systems, foundational integrity, and any boundary disputes. These disclosures must be documented and included in the Offer to Purchase.
Key Points to Address:
- General Condition: Note any defects in roofing, electrical wiring, or plumbing.
- Structural Integrity: Disclose issues like foundational cracks or dampness.
- Property Boundaries: Declare any disputes or unapproved modifications.
Adhering to these compliance and disclosure standards is crucial for a smooth transfer process. It not only ensures that the property meets safety regulations but also protects the seller from future legal complications if undisclosed issues arise after the sale.
Ensuring these steps are followed can help protect you from future disputes and provide buyers with transparency, fostering a trustworthy transaction process.
