By Alicia Burr-Dixon, SHINE-SA

On 1 February 2022, the new Property Practitioner’s Act (No 22 of 2019) came into force.  It is seen as an important piece of legislation in the property sector that will bring about much change in the dealing of property and related building/s.

The Act is specifically aimed at bringing transformation into the property industry and protecting property consumers.  All parties involved in the selling, purchasing, letting, renting, financing, and marketing of properties will now be held accountable for full disclosure in terms of:

1. Defects in the roof
2. Defects in the electrical systems
3. Defects in any part of the plumbing systems, including any defects pertaining to the swimming pool
4. Defects in the heating and/or air conditioning systems, including air filters and humidifiers
5. Defects on the property and/or in the basement or foundations of the property, including cracks, seepage, and bulges. Other such defects include, but are not limited to, flooding, dampness or wet walls and unsafe concentrations of mould or defects in drain tiling or sump pumps
6. Structural defects in the property
7. Boundary line disputes, encroachments or encumbrances including joint driveway
8. Remodelling or refurbishment affecting the structure of the property
9. Additions and/or improvements made to and/or any erections made on the property have been done or were made, only after the required consents, permissions and permits to do so were properly obtained
10. A structure on the property has been designated as a historic building

This is very exciting news when it comes to purchasing a property in South Africa, because the above has now progressed from “best practice” to law.  At Shine-SA, it is a daily occurrence to speak to disgruntled homeowners who have purchased their homes without fully understanding the defects and additions and/or remodelling on the property, not to mention the multifarious activities, various professionals, municipal processes, and costs involved in the remedial action that has now landed completely on their shoulders.

According to Section 4, subsection (1) of the National Building Regulations & Building Standards Act 103 of 1977 (as amended 2011) no person is allowed to erect any building without approved building plans from the local authority.

It is also stated in Section 4, subsection (4) that a fine not exceeding R100 is applicable to unapproved structures. (This amount was not updated since the publication of the act in 1977, but it should be noted that the municipal by-laws allow the municipality to institute a fine of a more significant amount, as deemed necessary)

“Building” according to the National Building Regulations & Building Standards Act 103 of 1977 (as amended 2011) is defined as (and includes):

• Any structure temporary or permanent, irrespective of material used, used for the accommodation or convenience of humans or animals
• Any wall, swimming pool
• Any facility or system or part thereof within or to its outside, but incidental to a building, for the provision of water supply, drainage, sewage, stormwater disposal, electrical supply, or other similar services in respect of the building

The enforcement of the above sections in the National Building Regulations have proven extremely difficult, with many homeowners erecting garages, car ports and lean-to’s, swimming pools and other structures without appointing the necessary professionals and ensuring that the structures comply with the National Building Regulations, Town Planning Scheme and Municipal by-laws.

The Property Practitioner’s Act (No 22 of 2019) will undoubtedly cast a huge spotlight on all properties being sold or rented with defects and additions and/or remodelling which will lead to the almost infamous question: “How much will it cost to update my building plans and take remedial action on all other defects identified?”

There’s an app for it

In response to this Shine-SA has built an application available on Google Play Store offering a free service called a Quick Quote which is designed to give the user an idea of the basic professional fees and council fees involved pertaining to unapproved structures.  Multiple professional assessments are available (City of Tshwane and City of Joburg for now) to equip homeowners, potential buyers, property practitioners, homeowners’ associations and trustees with the necessary knowledge and insight to ensure compliance, transparency, and professionalism.  You can get in touch on www.shine-sa.co.za

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