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The South African property market has been witnessing significant growth, making property investment an attractive option for generating income.
The Property Practitioners Act 22 of 2019 (the PPA) places an obligation on sellers to disclose to prospective buyers whether or not there are defects on the property before the purchaser buys the property. In fact, a disclosure form is now compulsory where the seller must disclose such information.
The Trustees of a Body Corporate are entitled to launch legal action where the unit owner is not honouring their obligations towards utility accounts and levies. Incidentally, the entitlement flows from section 4 (1) of the Sectional Titles Schemes Management Act 8 of 2011, and Prescribed Management Rule 25.
Your residential home may be comprised of more than one erf. One erf may have a house built on it while the other erf may be vacant and simply form part of the garden.
The question now arises as to how property rates and other services are charged on erven that do not have residential structures but which still form part of a person’s residential property.
A sectional title is the separate ownership of units or sections within a development or complex.
A sectional unit scheme consists of individual sections and the common property, whereas a sectional title unit consists of a section of a building with an undivided share of common property.
Property lawyers are often asked whose responsibility the repairs and replacements in a sectional title is.
When windows and doors require repairs, is the section owner financially responsible for it, or does the responsibility fall on the body corporate?
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