Introduction
More often than not the purchaser is desirous of selling a property and the purchaser is willing to purchase a property without approved building plans or an occupation certificate.
In terms of the judgement handed down in Haviside v Heydricks and another 2014(1) SA 235 (KZB) it was, however, held that the “voetstoots” clause covers defects such as unapproved building plans.
Sale of Improved Property without Building Plans
Where a deed of sale is to be entered into in the absence of approved building plans or an occupation certificate the following options are to the avail of the parties:
· Obtain approved building plans before marketing the property.
· Make the sale agreement subject to a suspensive condition that building plans and an occupation certificate will be provided within a specified period of time.
· Let the purchaser acknowledge the absence of the approved building plans and accept liability for the risks associated therewith.
Conclusion
Although the judgement referred to above allows the “voetstoots” clause to cover unapproved building plans, it will not apply if it can be proved that the seller was aware that no approved building plans or an occupation certificate was obtained for the structures erected.
Please do not hesitate to contact me for further information.
Allen West
TONKIN CLACEY PRETORIA
012 346 1278
