STARTING A NEW PROPERTY DEVELOPMENT? THESE ARE THE DOCUMENTS YOU NEED

While it isn’t possible to list all the documents required for new developments because each one has its own unique set of requirements based on vast variables, we hope this list assists developers with regards to anticipated requirements within ‘standard’ developments.

Wherever possible, different scenarios were pre-empted in order to widen the variety of documents that may be needed. However, as stated, as conveyancers we cannot guarantee that this list will provide you with all the answers, and a development will have to be assessed on its own merits.

As conveyancers, we will not be held liable for any damages, should this list not suffice for a particular development. Also note that this list only mentions the documents required from the developer and it’s not a comprehensive list of ALL the documentation needed in the process.

Documents necessary for Township Opening – before 1 July 2016

1. Final Conditions of Establishment  (COE)
2. Approved General Plan  (if General Plan is older than 1 year then a letter of extension of time from local authority)
3. Section 101 certificate 
4. Original Title Deed  of the property
5. Resolution authorising the person signing all the documentation on behalf of the developer, if the developer is a company, or other juristic person

Documents necessary for Township Opening – after 1 July 2016 and By-Laws were published

1. Final Conditions of Establishment  (COE)
2. Approved General Plan  (if General Plan is older than 1 year then a letter of extension of time from local authority)
3. If the local authority under which the township falls has published by-laws relating to the SPLUMA Act, the new requirement in terms of those by-laws will have to be fulfilled. The relevant by-laws will have to be perused in order to establish the requirements that need to be fulfilled. A certificate (similar to the ‘old’ Section 101 certificate) will have to be obtained
4. Any other documents required in terms of the by-laws of the presiding local authority
5. Original Title Deed  of the property
6. Resolution authorising the person signing all the documentation on behalf of the developer, if the developer is a company, or other juristic person.

First actions after Township Opening and proclamation – before 1 July 2016

1. Section 82 certificate
2. Original Title Deed  of property where township was established
3. Any other documents relating to the conditions to be fulfilled in terms of the COE, for example:

LG diagrams for consolidations, subdivisions, servitudes
Original signed consents by the local authority to affect the registration of the consolidations and subdivisions, if and where the consolidations and subdivisions do not form part of the COE
Original signed servitude agreements
• Documents to be signed by the local authority, for instance Notarial Tie Agreements

First actions after Township Opening and proclamation – after 1 July 2016 and By-Laws were published

1. A certificate stating that the services have been finalised (similar to the ‘old’ Section 82 certificate)
2. Original Title Deed  of property where township was established
3. Any other documents relating to the conditions to be fulfilled in terms of the COE, for example:

LG diagrams for consolidations, subdivisions and servitudes
Original signed consents by the local authority to affect the registration of the consolidations and subdivisions  if  and where the consolidations and subdivisions do not form part of the COE
Original signed servitude agreements
• Documents to be signed by the local authority, for instance Notarial Tie Agreements

4. Any other document required in terms of the by-laws of the presiding local authority

Registration of Sectional Title Scheme

1. Approved Sectional Title Plans
2. SPLUMA and By-Law certificates  relating to the approval of the opening of the scheme – necessary for lodgement at the deeds office
3. Section 82 certificate
4. If right of extension of scheme is registered:

Amended Sectional Title Plans
Site Development Plan
Certificate from Land Surveyor  in terms of Section 25(2)
Certificate from Architect  in terms of Section 25(2)(a) and (b) / OR approved building plans of the different types of Units

5. Amended Management and Conduct Rules of the Scheme OR proof from the managing agent that same was lodged at the ombudsman
6. Parking layout plans  and Parking allocation  if parking is reserved in terms of Section 27 (A) of the Sectional Title Act
7. Any other document required in terms of the SPLUMA Act

Documents required for the registration of the transfer of a Unit / Erf

1. Clearance certificate from the local authority (rates and taxes)
2. Acceptance of purchaser  relating to any restrictive condition (HOA / electricity restrictions by the local authority, etc)

Documents required by the bank in order to register bonds

It is important to note that documents required by the bank will be scrutinized for the correct information. Therefore, should the property description be reflected on a document, it should be CORRECT in every aspect, for example: The correct erf number, extension number, etc. Property descriptions as indicated on the approved Sectional Title Plans / General Plans should be followed precisely.

To be obtained from the client:

1. Copy of valid identity document
2. Proof of address – not older than three months
3. Confirmation of marital status (marriage certificate  and ante-nuptial contracts  if applicable)
4. Income tax reference number
5. Life cover – if a requirement on bond instruction
6. Happy Letter – to be signed by the client after inspection of the property – MUST BE ON BANK’S REQUIRED FORM

To be obtained from the managing agent / insurer / body corporate / HOA / bond originator:

1. Sectional Title insurance certificate  
2. Clearance certificate relating to levies paid to the body corporate
3. Proposed levy statement (body corporate / HOA)
4. Proposed budget (body corporate / HOA)
5. Rules of the body corporate
6. Pre-val approved by the different banks

To be obtained from the developer:

1. Certified copy of the NHBRC registration certificate
2. Original NHBRC enrolment certificate for every unit (indicating the correct property description and the correct selling price)
3. Plumbing certificates
4. Engineering certificates relating to:

• Structure
• Roof
• Slabs
• Staircases

5. Electrical compliance certicates
6. Builders All Risk Policy
7. Gas certicates
8. Certificates relating to infestations and pests
9. Occupation certificates
10. Borehole certificates
11. ABSA Bank (for DoComply purposes):

Company registration documents for the developer
Income tax number of the developer
VAT registration number of the developer
Resolution from the developer to indicate who the authorised signatory is

12. Certificates relating to invasive species (permits to be obtained for certain plants, animals, etc)
13. Certificates relating to restrictive conditions (for instance letter from electrical engineer stating the minimum electricity supply to the property)

Please contact Bert Smith and his experienced team should you have any questions in this regard. We look forward to assisting you

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