M.C. VAN DER BERG INC.

September is WILLS MONTH!

We are celebrating 25 years of successful business this month.

Thank you for your loyal support!!

𝗔 𝗧𝗥𝗨𝗦𝗧 𝗔𝗦 𝗔 𝗣𝗔𝗥𝗧𝗬 𝗧𝗢 𝗔 𝗦𝗔𝗟𝗘 𝗔𝗚𝗥𝗘𝗘𝗠𝗘𝗡𝗧

Where either party to an agreement of sale is a trust, the following should be kept in mind:

- Trustees of a trust can only act in their capacity as trustees once the Letter of Authority is issued by the Master of the High Court. No sale agreement can be signed for “a Trust to be formed”.

- A trust deed usually stipulates the minimum number of trustees that must be in office. It is therefore important to verify that the number of trustees on the Letter of Authority is equal to or more than the minimum number of trustees as stipulated in the Trust Deed. If the number of trustees are below the minimum, a new Letter of Authority will have to be obtained from the Master of the High Court. Any agreements signed whilst the number of trustees is not sufficient will be null and void.

- A resolution by all trustees must be signed, authorising the sale or purchase before a sale agreement is signed. 𝗜𝗳 𝗻𝗼 𝗿𝗲𝘀𝗼𝗹𝘂𝘁𝗶𝗼𝗻 𝘄𝗮𝘀 𝘁𝗮𝗸𝗲𝗻 𝗯𝘆 𝘁𝗵𝗲 𝘁𝗿𝘂𝘀𝘁𝗲𝗲𝘀 𝗯𝗲𝗳𝗼𝗿𝗲 𝘁𝗵𝗲 𝘀𝗶𝗴𝗻𝗮𝘁𝘂𝗿𝗲 𝗼𝗳 𝘁𝗵𝗲 𝘀𝗮𝗹𝗲 𝗮𝗴𝗿𝗲𝗲𝗺𝗲𝗻𝘁, 𝘀𝘂𝗰𝗵 𝗮𝗴𝗿𝗲𝗲𝗺𝗲𝗻𝘁 𝗶𝘀 𝘃𝗼𝗶𝗱. A sale agreement can’t be ratified by the trustees.

- One trustee can be authorised by a resolution to sign all necessary transfer documents

It is therefore imperative to determine the number of trustees required, and to obtain a resolution from the trustee’s that authorises the transaction before an offer to purchase is signed by any trustees on behalf of a trust.

𝗣𝗔𝗥𝗧 𝟯: 𝗙𝗥𝗘𝗤𝗨𝗘𝗡𝗧𝗟𝗬 𝗔𝗦𝗞𝗘𝗗 𝗤𝗨𝗘𝗦𝗧𝗜𝗢𝗡𝗦 𝗪𝗜𝗧𝗛 𝗥𝗘𝗚𝗔𝗥𝗗𝗦 𝗧𝗢 𝗕𝗨𝗜𝗟𝗗𝗜𝗡𝗚 𝗣𝗟𝗔𝗡𝗦

In the next 3 MC2Agents the most frequent questions pertaining to building plans will be discussed, this is part 3 in the 3 part series.

- 𝗭𝗼𝗻𝗶𝗻𝗴 𝗿𝗲𝗴𝘂𝗹𝗮𝘁𝗶𝗼𝗻𝘀: 𝗪𝗵𝗮𝘁 𝗶𝘀 𝗶𝘁?

Cities are divided into zones; each zone is intended for certain types of properties.

The various zone types are industrial, commercial, residential, agricultural and open space.

Each zone type is further divided into classifications that determine the types of developments allowed. Each zone is governed by specific regulations as set out by the local authority. The zoning certificate of the property will stipulate what uses are allowed on the property.

- 𝗪𝗵𝗮𝘁 𝗵𝗮𝗽𝗽𝗲𝗻𝘀 𝗶𝗳 𝘁𝗵𝗲𝗿𝗲 𝗮𝗿𝗲 𝗶𝗹𝗹𝗲𝗴𝗮𝗹 𝘀𝘁𝗿𝘂𝗰𝘁𝘂𝗿𝗲𝘀 𝗼𝗻 𝘁𝗵𝗲 𝗽𝗿𝗼𝗽𝗲𝗿𝘁𝘆?

Homeowners who build without obtaining the necessary local authority consent may be subject to paying a fine, imprisonment, having the illegal structure demolished, and/or having their municipal rates increased.

- 𝗦𝗲𝗰𝗼𝗻𝗱 𝗱𝘄𝗲𝗹𝗹𝗶𝗻𝗴: 𝗖𝗮𝗻 𝗜 𝗯𝘂𝗶𝗹𝗱 𝗮 𝘀𝗲𝗰𝗼𝗻𝗱 𝗱𝘄𝗲𝗹𝗹𝗶𝗻𝗴 (𝗚𝗿𝗮𝗻𝗻𝘆 𝗳𝗹𝗮𝘁) 𝗼𝗻 𝗺𝘆 𝗽𝗿𝗼𝗽𝗲𝗿𝘁𝘆?

If you want to build a second dwelling on your property, a consent use application in terms of Spatial Planning and Land Use Management Act 16 of 2013 will have to be brought, which is a costly and timeous process. You must find out from your local government or municipality to determine their regulations and guidelines for second dwellings. Factors such as erf size, zoning restrictions, setback requirements, and building codes may influence the eligibility of your property for a second dwelling.

- 𝗜𝘀 𝘁𝗵𝗲𝗿𝗲 𝗮𝗻 𝗼𝗯𝗹𝗶𝗴𝗮𝘁𝗶𝗼𝗻 𝗼𝗻 𝗮 𝘀𝗲𝗹𝗹𝗲𝗿 𝘁𝗼 𝗽𝗿𝗼𝘃𝗶𝗱𝗲 𝗮𝗽𝗽𝗿𝗼𝘃𝗲𝗱 𝗯𝘂𝗶𝗹𝗱𝗶𝗻𝗴 𝗽𝗹𝗮𝗻𝘀 𝗶𝗻 𝗮 𝗽𝗿𝗼𝗽𝗲𝗿𝘁𝘆 𝘁𝗿𝗮𝗻𝘀𝗮𝗰𝘁𝗶𝗼𝗻?

Although the National Building Regulations and Building Standards Act 103 of 1977 stipulates that all property owners should be in possession of approved building plans, it does not place a responsibility on a seller to provide building plans to a purchaser in a property transaction. If a purchaser wants approved building plans of the property he/she is purchasing, it must be an explicit term in the sale agreement that the seller must provide approved building plans to the purchaser before registration.

Click here to see Part 1 and Part 2.https://mcvdberg.blob.core.windows.net/generalpdf/PART%201-2.pdf

𝗣𝗔𝗥𝗧 𝟮: 𝗙𝗥𝗘𝗤𝗨𝗘𝗡𝗧𝗟𝗬 𝗔𝗦𝗞𝗘𝗗 𝗤𝗨𝗘𝗦𝗧𝗜𝗢𝗡𝗦 𝗪𝗜𝗧𝗛 𝗥𝗘𝗚𝗔𝗥𝗗𝗦 𝗧𝗢 𝗕𝗨𝗜𝗟𝗗𝗜𝗡𝗚 𝗣𝗟𝗔𝗡𝗦

In the next 2 MC2Agents the most frequent questions pertaining to building plans will be discussed, this is part 2 in the 3 part series.

- 𝗪𝗵𝗮𝘁 𝗵𝗮𝗽𝗽𝗲𝗻𝘀 𝗶𝗳 𝗮𝗻𝘆 𝘀𝘁𝗿𝘂𝗰𝘁𝘂𝗿𝗲 𝗶𝘀 𝗯𝘂𝗶𝗹𝘁 𝗼𝘃𝗲𝗿 𝘁𝗵𝗲 𝗯𝘂𝗶𝗹𝗱𝗶𝗻𝗴 𝗹𝗶𝗻𝗲?

An erf typically has four building lines, usually a two meter space from your boundary wall, which means that you are not allowed to build anything within two meters of your boundaries. The building lines of your property are indicated on the building plans of the property.

If a structure, for example a lapa roof or carport, is built over the building line, a building line relaxation must be applied for, to which your neighbour will have to consent. A town planner or architect is usually appointed to attend to this application.

- 𝗪𝗵𝗮𝘁 𝗵𝗮𝗽𝗽𝗲𝗻𝘀 𝗶𝗳 𝗮 𝘀𝘁𝗿𝘂𝗰𝘁𝘂𝗿𝗲 𝗶𝘀 𝗻𝗼𝘁 𝗮𝗽𝗽𝗿𝗼𝘃𝗮𝗯𝗹𝗲?

Before beginning any building work on a property, owners are required by the National Building Regulations and Building Standards Act 103 of 1977 to obtain plans that have been approved by the local municipality. The local municipality is normally responsible for enforcing this compliance. In order to ensure that the minimum standards of health and safety are upheld as well as that such alterations and structures comply with all necessary statutory requirements and regulations, every owner should obtain the municipalities’ approval before building or altering their property.

After plan approval, an occupational certificate must be issued, and for this a building inspector must inspect all structures on the property. During this inspection, the inspector ensures that all structures have been erected in accordance with the approved plans. If a structure is not in accordance with the plans and is not allowed in terms of the regulations, it must be demolished.

A building inspector has the right to enter a property and order construction to stop right away if an owner has decided to construct without having approved plans. The owner will be responsible for the associated legal costs and the building inspector may also get a court judgement ordering the demolition of the building at the owner’s expense.

In practice it happens a lot that the municipality has no approved building plans on file, or that a previous owner has built on without obtaining approved building plans first. In such a situation, the current owner will have to obtain new building plans, and will have to demolish any structures that are not capable of approval.

- 𝗪𝗵𝗮𝘁 𝗵𝗮𝗽𝗽𝗲𝗻𝘀 𝗶𝗳 𝘁𝗵𝗲 𝗰𝗼𝘃𝗲𝗿𝗮𝗴𝗲 𝗼𝗻 𝘁𝗵𝗲 𝗽𝗿𝗼𝗽𝗲𝗿𝘁𝘆 𝗶𝘀 𝗲𝘅𝗰𝗲𝗲𝗱𝗲𝗱?

Coverage is a phrase that normally refers to the footprint of a building structure on a subject property as seen from directly above the subject property and is defined in a land use scheme. According to the zoning of a property there is a specified coverage of each property which means that the structures on the property may only cover a certain percentage of the whole area of the property.

For example, a residential zoned property may only cover 40% of the property. If coverage is exceeded the property will have to be rezoned or certain structures demolished, which can be an expensive process.

Click here to see Part 1.https://mcvdberg.blob.core.windows.net/generalpdf/PART%201_FAQ.pdf

𝗣𝗔𝗥𝗧 𝟭: 𝗙𝗥𝗘𝗤𝗨𝗘𝗡𝗧𝗟𝗬 𝗔𝗦𝗞𝗘𝗗 𝗤𝗨𝗘𝗦𝗧𝗜𝗢𝗡𝗦 𝗪𝗜𝗧𝗛 𝗥𝗘𝗚𝗔𝗥𝗗𝗦 𝗧𝗢 𝗕𝗨𝗜𝗟𝗗𝗜𝗡𝗚 𝗣𝗟𝗔𝗡𝗦

In the next 3 MC2Agents the most frequent questions pertaining to building plans will be discussed, this is part 1 in the 3 part series.

- 𝗪𝗵𝗮𝘁 𝗵𝗮𝗽𝗽𝗲𝗻𝘀 𝗶𝗳 𝗮𝗻𝘆 𝘀𝘁𝗿𝘂𝗰𝘁𝘂𝗿𝗲𝘀 𝗮𝗿𝗲 𝗯𝘂𝗶𝗹𝘁 𝗼𝘃𝗲𝗿 𝗮 𝘀𝗲𝗿𝘃𝗶𝘁𝘂𝗱𝗲?

A servitude is a right by which property owned by one person, is subject to a specified use or enjoyment of another, which can either benefit or burden the owner of the property.

Your property may have services laid under it by the municipality, such as storm water, sewerage, electricity etc.

Although the general rule is that no structures may be built on a servitude, the municipality will sometimes allow you to encroach on such servitudes.

An encroachment application must be lodged at the municipality which must be approved by the legal department. The approval is totally at their discretion. If rejected the structures on the servitude will have to be removed.

- 𝗪𝗵𝗼 𝗽𝗮𝘆𝘀 𝗳𝗼𝗿 𝗮𝗻𝘆 𝗿𝗲𝗰𝘁𝗶𝗳𝗶𝗰𝗮𝘁𝗶𝗼𝗻𝘀 𝗱𝘂𝗿𝗶𝗻𝗴 𝘁𝗵𝗲 𝗽𝗹𝗮𝗻 𝗮𝗽𝗽𝗿𝗼𝘃𝗮𝗹 𝗽𝗿𝗼𝗰𝗲𝘀𝘀?

The current owner of the property will be liable for the payment of any rectifications during the plan approval process, unless otherwise agreed to between the seller and purchaser.

- 𝗜𝘀 𝗶𝘁 𝗻𝗲𝗰𝗲𝘀𝘀𝗮𝗿𝘆 𝗳𝗼𝗿 𝗮 𝘄𝗲𝗻𝗱𝘆 𝗵𝗼𝘂𝘀𝗲 𝘁𝗼 𝗯𝗲 𝗼𝗻 𝘁𝗵𝗲 𝗯𝘂𝗶𝗹𝗱𝗶𝗻𝗴 𝗽𝗹𝗮𝗻𝘀?

In short, yes, the wendy house must be on the building plans. Whether it is temporary or permanent, a wendy house is a fixed construction and needs to be included in the building plans.

- 𝗗𝗼𝗲𝘀 𝗮 𝗰𝗮𝗿𝗽𝗼𝗿𝘁 𝗻𝗲𝗲𝗱 𝘁𝗼 𝗯𝗲 𝗼𝗻 𝗯𝘂𝗶𝗹𝗱𝗶𝗻𝗴 𝗽𝗹𝗮𝗻𝘀?

A carport is defined as a structure with walls on no more than two sides that is intended to provide cover for a vehicle, caravan, or boat under the National Building Standards Act (Act 103 of 1977).

Thus, it is a structure and must be on the building plans.
No matter what type of carport you erect on your property, plans are required.

𝗣𝗔𝗥𝗧 𝟰: 𝗧𝗛𝗘 𝗜𝗠𝗣𝗔𝗖𝗧 𝗢𝗙 𝗨𝗡𝗔𝗣𝗣𝗥𝗢𝗩𝗘𝗗 𝗕𝗨𝗜𝗟𝗗𝗜𝗡𝗚 𝗣𝗟𝗔𝗡𝗦 𝗢𝗡 𝗧𝗛𝗘 𝗦𝗔𝗟𝗘 𝗢𝗙 𝗔 𝗣𝗥𝗢𝗣𝗘𝗥𝗧𝗬

It is becoming more and more common for purchasers to request that approved building plans be delivered by the seller before registration of the property into their names. This is the last part in the 4 part series pertaining to building plans.

𝗦𝗰𝗲𝗻𝗮𝗿𝗶𝗼 𝟰

The seller and purchaser sign a sale agreement without any stipulation that building plans must be delivered, but with a suspensive condition of bond approval. When the purchaser receives bond approval it is a requirement of the bank (and bond) that approved building plans must be delivered to the bank before registration of the property.

The purchaser then only received conditional bond approval. As there is no contractual obligation on the seller in terms of the sale agreement to provide building plans, the fact that the bank requires building plans does not place any obligation on the seller, as he is not a part of the agreement between the bank and the purchaser.
The seller then has the option to accept the bank’s condition to provide building plans, and he then will be liable to provide same, or he can reject the condition, and then there will be no fulfilment of the suspensive condition and the sale agreement will lapse.

The purchaser can also decide to take responsibility for the updating of the building plans, and the transaction will then be able to proceed after approval of the updated plans.

The banks will require the building plans before registration of the transaction, and this will cause a delay in the transaction, as registration will only be able to proceed once the building plans have been finally approved by the municipality. The option of a retention is not available in this scenario, as the bank will not consent to the registration before building plans are delivered.

Click here to see Part 1, Part 2 and Part 3.https://mcvdberg.blob.core.windows.net/generalpdf/PART%201_2_3.pdf

𝗣𝗔𝗥𝗧 𝟯: 𝗧𝗛𝗘 𝗜𝗠𝗣𝗔𝗖𝗧 𝗢𝗙 𝗨𝗡𝗔𝗣𝗣𝗥𝗢𝗩𝗘𝗗 𝗕𝗨𝗜𝗟𝗗𝗜𝗡𝗚 𝗣𝗟𝗔𝗡𝗦 𝗢𝗡 𝗧𝗛𝗘 𝗦𝗔𝗟𝗘 𝗢𝗙 𝗔 𝗣𝗥𝗢𝗣𝗘𝗥𝗧𝗬

It is becoming more and more common for purchasers to request that approved building plans be delivered by the seller before registration of the property into their names. This is the third part in a 4 part series on building plans.

𝗦𝗰𝗲𝗻𝗮𝗿𝗶𝗼 𝟯

The seller and purchaser sign a sale agreement without any stipulation that building plans must be delivered. After signature of the agreement it is established that the building plans are not up to date.
If the seller was not aware that the building plans were not up to date it would be a latent defect that is covered by the voetstoots clause, and the seller will not have any liability to provide updated plans.

If the seller however knew that the plans were not up to date, and deliberately and fraudulently failed to disclose it to the purchaser, the seller can be held liable to provide updated approved building plans. If the seller does not do so voluntarily the purchaser will have to take further legal steps to oblige the seller to provide plans. This will only be successful if the purchaser can prove that the seller knew and fraudulently withheld the information.

Click here to see Part 1 and Part 2.https://mcvdberg.blob.core.windows.net/generalpdf/PART%201_2.pdf

Fun and hard work at Thohoyandou Primary School in Atteridgeville. Painting and tree planting were only a few of the exciting happenings at the school. Thank you for everyone who gave 67 minutes of your time for Mandela Day.

We our proud of our Springboks!!

𝗣𝗔𝗥𝗧 𝟮: 𝗧𝗛𝗘 𝗜𝗠𝗣𝗔𝗖𝗧 𝗢𝗙 𝗨𝗡𝗔𝗣𝗣𝗥𝗢𝗩𝗘𝗗 𝗕𝗨𝗜𝗟𝗗𝗜𝗡𝗚 𝗣𝗟𝗔𝗡𝗦 𝗢𝗡 𝗧𝗛𝗘 𝗦𝗔𝗟𝗘 𝗢𝗙 𝗔 𝗣𝗥𝗢𝗣𝗘𝗥𝗧𝗬

It is becoming more and more common for purchasers to request that approved building plans be delivered by the seller before registration of the property into their names. This is the second part in a 4 part series on building plans.

𝗦𝗰𝗲𝗻𝗮𝗿𝗶𝗼 𝟮

The seller confirms there are approved building plans, but has put up either carports, wendy houses, made alterations to interior walls and windows, or enclosed a patio with sliding doors. All of the aforementioned must reflect on building plans, and if not, the building plans will have to be updated.

The result would be that the seller will be liable for the updating and approval of new plans, if it was contractually agreed upon. This will cause a delay in the registration of the transaction as municipal approval of building plans takes time. If it is not a bond condition as well, the seller and purchaser can agree that the conveyancer retains a portion of the seller’s proceeds. This will then only be refundable to the seller on delivery of the plans, and in the interim registration of the transaction can proceed. The parties should sign an addendum to regulate the position.

It is very important that a seller obtains advice from either an architect or draughtsman on what should be on building plans.

Click here to see Part 1.https://mcvdberg.blob.core.windows.net/generalpdf/PART%201.pdf

𝗣𝗔𝗥𝗧 𝟭: 𝗧𝗛𝗘 𝗜𝗠𝗣𝗔𝗖𝗧 𝗢𝗙 𝗨𝗡𝗔𝗣𝗣𝗥𝗢𝗩𝗘𝗗 𝗕𝗨𝗜𝗟𝗗𝗜𝗡𝗚 𝗣𝗟𝗔𝗡𝗦 𝗢𝗡 𝗧𝗛𝗘 𝗦𝗔𝗟𝗘 𝗢𝗙 𝗔 𝗣𝗥𝗢𝗣𝗘𝗥𝗧𝗬

It is becoming more and more common for purchasers to request that approved building plans be delivered by the seller before registration of the property into their names. 𝗜𝗻 𝘁𝗵𝗲 𝗻𝗲𝘅𝘁 𝟰 𝗠𝗖𝟮𝗔𝗴𝗲𝗻𝘁'𝘀, we are going to discuss a few scenarios that can arise with regards to building plans.

𝗦𝗰𝗲𝗻𝗮𝗿𝗶𝗼 𝟭

The seller confirms there are approved building plans, as he has never made additions to the property. When the building plans are then viewed it comes to light that it is not up to date, and that a previous owner made additions to the property.

The result would be that the seller will be liable for the updating and approval of new plans, if it was contractually agreed upon. This will cause a delay in the registration of the transaction as municipal approval of building plans takes time. If it is not a bond condition as well, the seller and purchaser can agree that the conveyancer retains a portion of the seller’s proceeds. This will then only be refundable to the seller on delivery of the plans, and in the interim registration of the transaction can proceed. An addendum to this effect must be signed by the parties.

It is therefore advisable that a seller scrutinizes the plans to ensure that it reflects all buildings and additions on the property before binding himself contractually to provide up to date approved building plans.

𝗜𝗠𝗣𝗢𝗥𝗧𝗔𝗡𝗧 𝗨𝗣𝗗𝗔𝗧𝗘 𝗙𝗥𝗢𝗠 𝗧𝗛𝗘 𝗣𝗣𝗥𝗔

We want to bring to your immediate attention an important update released by the PPRA regarding the future guidelines for Candidate Property Practitioners effective from 1 July 2024, as well as the completion requirements for current Candidate Property Practitioners' Logbooks.

To ensure you are well-informed and compliant, please find the necessary resources at the following links:

𝟭. 𝗧𝗲𝗺𝗽𝗹𝗮𝘁𝗲 𝗳𝗼𝗿 𝘁𝗵𝗲 𝗰𝗼𝗺𝗽𝗹𝗲𝘁𝗶𝗼𝗻 𝗼𝗳 𝗟𝗼𝗴𝗯𝗼𝗼𝗸𝘀:https://mcvdberg.blob.core.windows.net/generalpdf/letter_template_confirmation_of_completion_of_logbook_june_2024%20(2).pdf

𝟮. 𝗨𝗽𝗱𝗮𝘁𝗲 𝗼𝗻 𝘁𝗵𝗲 𝘄𝗮𝘆 𝗳𝗼𝗿𝘄𝗮𝗿𝗱 𝗳𝗼𝗿 𝗖𝗮𝗻𝗱𝗶𝗱𝗮𝘁𝗲 𝗣𝗿𝗼𝗽𝗲𝗿𝘁𝘆 𝗣𝗿𝗮𝗰𝘁𝗶𝘁𝗶𝗼𝗻𝗲𝗿𝘀 𝗳𝗿𝗼𝗺 𝟭 𝗝𝘂𝗹𝘆 𝟮𝟬𝟮𝟰:https://mcvdberg.blob.core.windows.net/generalpdf/communication_letter_for_confirmation_of_completion_of_logbook_and_practical_training_june_2024.pdf

It is crucial that all concerned parties review these updates promptly and take necessary actions as outlined.

If you have any questions or need further clarification, please do not hesitate to reach out to us.

mcvdberg.blob.core.windows.net

𝗪𝗛𝗔𝗧 𝗛𝗔𝗣𝗣𝗘𝗡𝗦 𝗪𝗛𝗘𝗡 𝗧𝗛𝗘 𝗢𝗪𝗡𝗘𝗥 𝗢𝗙 𝗧𝗛𝗘 𝗣𝗥𝗢𝗣𝗘𝗥𝗧𝗬 𝗣𝗔𝗦𝗦𝗘𝗦 𝗔𝗪𝗔𝗬

Should you receive a mandate to sell a property of which the owner has passed away, you must ensure that the person granting the mandate and signing the contract on behalf of the deceased person, is indeed authorised to do so.

Section 13(1) of the Administration of Estates Act provides that no person shall liquidate or distribute the estate of any deceased person, except under letters of executorship granted by the Master. It is thus clear that no person can act as an executor before being issued with a letter of executorship by the Master.

Any sale agreement dated prior to the date on which the letter of executorship is issued by the Master, will be null and void.

When preparing a sale agreement, it is therefore of the utmost importance that, as property practitioner, you ensure that the agreement is entered into by the parties after the date on which the letters of executorship have been issued by the Master.

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