March 15, 2018

VAT increase and the effect on property transfers and the registration of transfers before and after 1 April 2018

The increase of Vat was announced in the Minister of Finance’s Budget Speech on 21 February 2018. The standard rate of VAT will change from 14% to 15% on 1 April 2018 (the effective date).

February 28, 2018

VAT must-knows for advertising property

Sellers, landlords and estate agents face many challenges every day when it comes to selling or renting their properties, and have to be “experts”, or at least be well informed in many different fields. One of these fields is VAT, and what the implication will be on the asking price and on the estate agents’ commission.

Source: Property 24
February 7, 2018

‍4 ways of buying property: tax and legal implications

The most common of the four main options is buying a home in your own name as an individual, without representing any other legal entity. When purchasing a property as a natural person, will be paid according to a sliding scale depending on the purchase price of the home...

Source: Property 24
May 26, 2017

What happens to the ownership of my property when I get married.

Property ownership, and how this is dealt with upon two people entering into a marriage, is governed by the Matrimonial Property Act, 88 of 1984. According to this Act...

March 17, 2017

Customary Marriages and Community of Property

Since the promulgation of the Recognition of Customary Marriages Act, 120 of 1998, the position has changed in that customary marriages are now recognised in our law. A marriage that is valid in terms of customary law and was in existence at the time of commencement of the Act...

March 8, 2017

Prescription of Debts Arising from Loans and Contracts

Author: Jason Stuart
November 4, 2016

A Guide to the purchase of immovable property in South Africa by Foreigners (i.e. Non-Residents)

Persons who are not South African citizens (or residents) may purchase immovable property in South Africa. Our law permits the registration of immovable property into a foreigner’s name in the Deeds Registry. Instead of buying property in their personal names, foreigners may choose to register a South African trust or company to take transfer of the property. The shares in a South African company can be held by a foreigner or an off-shore entity.

September 29, 2016

How will the new Sectional Titles Act affect owners?

The sectional title property industry has been long awaiting the Sectional Title Schemes Management Act (STSMA) and Community Services Ombuds Service Act (CSOSA) to fully come into effect. The changes will have the following effects...

Source: Property 24
July 14, 2016

Checklist to prepare for your move

lt’s a given that moving is stressful. However, if you cross off the items on the following checklist as you go, your advance planning may pay off with a welcome reduction in stress levels. Here’s the moving checklist you’ll need to prepare for your move..

July 5, 2016

VAT or Transfer Duty?

Very often the question arises as to whether the purchaser must pay transfer duty on a particular transaction or whether there is no transfer duty payable as the transaction is in fact a VAT transaction.

June 23, 2016

New certificate requirement for electric fence systems

It is important for practitioners dealing with a change of ownership of immovable property to be aware of the latest developments in terms of the Occupational Health and Safety Act 85 of 1993 (the Act) regarding electric fences.

Carol McDonald - SAFLII
November 4, 2016

HOA Levies

November 4, 2016

Suretyship and Business Rescue

November 4, 2016

Electronic Agreements

August 4, 2016

Legal Precautions for Home Construction and Renovation

August 4, 2016

Domain Squatting and Abuse

April 1, 2016

Transfer and Bond Costs

March 19, 2015

The Conveyancing Process

Transferring ownership of a property from the Seller to the Buyer (i.e. conveyancing) is a complicated and often misunderstood process. It involves a number of parties, many of whom have conflicting interests. All of them, however, have to coordinate their efforts to ensure that the documents arrive at the Deeds Office on the same day.

Source: News 24
March 19, 2015

The Bond Registration Process

Registering a Mortgage Bond over a property is a complicated and often misunderstood process. It involves a number of parties and institutions, many of whom have conflicting interests. All of them, however, have to coordinate their efforts to ensure that the documents arrive at the Deeds Office on the same day.

Source: News 24
March 12, 2015

Summary of Costs Generally Payable by a Seller and a Purchaser in a Conveyancing Transaction

Due to circumstances varying from transaction to transaction, the costs listed below may not be applicable to every seller/purchaser but nevertheless offer a good guideline as to what costs one may expect to encounter when entering into a conveyancing transaction.

Author: Craig McDonald
August 5, 2014

The National Credit Act and Acknowledgement of Debt

Does an Acknowledgement of Debt (“AOD”) constitute a Credit Agreement to which the National Credit Act, No. 34 of 2005 (“the NCA”) applies? The NCA contains no clear answer to the above question.

Author: Jacques Schreiber
July 18, 2014

Should I buy my Property in my Own Name, in a Closed Corporation, Company or Trust?

A Company or Close Corporation has the following disadvantages in regard to the payment of tax when it sells a property:- 1. The Capital Gains Tax (CGT) is calculated at a rate of 18,6% of the capital gain; 2. In addition, the shareholders or members shall pay Dividends Tax of 15% when receiving a dividend i.e. this tax is payable when the net profit is distributed to the shareholders or members;

Source: News 24
July 18, 2014

South African Immigration Regulations Concerning Travelling with Children

Parents travelling internationally with children would now be requested to provide an unabridged birth certificate (including the details of the child's father as well as the mother) of all travelling children. This applies even when both parents are travelling with their children and it also applies to foreigners and South Africans alike.

Source: News 24
July 18, 2014

Understanding Capital Gains Tax

The ramifications and implications of South Africa’s Capital Gains Tax are these days fairly well understood by the business community and those with substantial assets, but the average homeowner quite often has never really investigated or got to grips with the Act and has in his mind a number of erroneous conceptions regarding it.

Source: News 24