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As Eskom’s woes deepen, more and more homeowners are looking at installing solar panel systems to keep the lights on. Government promises of assistance will no doubt accelerate this trend, but in addition to the myriad practical considerations you need to address (have a look at our list of important questions to ask a prospective installer before accepting any quote) be aware of the regulations that apply. Ignore them at your peril – there are threats of severe pe...

Your neighbour starts building an apartment block next door – without approved building plans. What can you do about it? We address that question with reference to a recent High Court case in which two neighbours asked the Court to order a property owner to demolish a multi-story apartment block he had been building in contravention of municipal “stop building” orders. The outcome, and the Court’s reasons for granting the demolition order, hold valuable lessons both ...

2023 dawns and you decide to realise your dream – you’re finally going into business for yourself. No more 9-5, no more horrible bosses, no more cubicles and endless meetings, no more corporate nonsense… But are you an entrepreneur? What’s your plan? What legal entity should you trade in? We share some thoughts on how to answer those questions. Then we summarise the four choices of business entity available to you, analysing the pros and cons of each in an illustr...

If you are one of the many “Festive Season Sellers” taking advantage of the December/January holidays to look for the best price for your house, remember to plan your finances so you aren’t ambushed by unexpected expenses down the line. An expense not always understood, nor adequately planned for, is the possibility that you will be liable for capital gains tax on the sale. We discuss the concepts of “base cost”, “capital gain” and “primary resid...

Buying and selling property is a big deal, and things can go wrong in the blink of an eye unless both buyer and seller understand exactly what their sale agreement says, and then either meet all deadlines or extend them as set out in the agreement. We discuss the dangers of not doing so with reference to a recent High Court decision in which a seller and buyer came to blows over the R600,000 deposit paid by the buyer to the estate agent involved.  The buyer wanted his R600k back, the sel...

Building your own home in a residential complex of your choice is an attractive proposition on many levels. Just make sure up front that you will actually be ready to build within whatever deadlines the HOA (homeowners’ association) specifies. Otherwise, as we shall see from a recent High Court dispute, you could end up paying levies at a penalty rate – if, that is, the developers don’t first demand re-transfer of the plot back to them,  at your expense. And the penal...

We all know we should have a valid, updated will in place. It’s the only way to protect our loved ones’ interests after we are gone. But life can be hectic, and contemplating our own mortality is a depressing exercise at the best of times, so it’s a task that can very easily drop down in our priority list and never quite reach the top. Until it’s too late.  A tragic High Court case, in which a cruel twist of fate took a mother before her instruction to a bank to...

Buying or selling property puts a lot of your money at stake, so it’s no time to take chances. It’s too late to ask questions after you have signed the deed of sale, so let’s have a look at 12 questions you should be asking before you commit yourself to anything. Some of these questions you only need to ask as a seller, others only as a buyer. But most of them apply to both of you, and not asking them means blinding yourself to possible ris...

Whether you are buying a property or selling one, it is vital to plan financially. In particular, work up a cash flow plan before you commit yourself to anything so that you know what you have to pay, and when. You certainly don’t want to be taken by surprise with an unexpected expense. But who pays what? We list the most common costs and expenses payable by buyers, and then those payable by sellers. Investigate which of them apply to you then plan your finances accordingly.Divorce can...

One of the many global trends associated with the pandemic is the “Great Resignation”, which has seen mass employee resignations across the board. As signs emerge that South Africa is beginning to follow that trend, it becomes more essential than ever that both employers and employees understand how our law views resignation, its effect on the employment relationship, and the requirements and procedures relating to it. We address seven important questions in this regard with refe...

One of your unavoidable ongoing expenses as a landowner is the monthly rates bill levied by your local municipality. As high as you think your rates may be now, they could get a lot worse if you use your property for something illegal or unauthorised. That will open the door to your municipality to impose a “penalty rate” on you. We illustrate with reference to a case in which Johannesburg property owners faced a quadrupled rates bill after they let out two rooms in their house to ...

Property owners (separate title holders as well as those in community schemes), bodies corporate and building contractors should all understand their risk of being sued if a dangerous situation exists or develops on a property or in a complex. We discuss these risks, and how to address them, with reference to a High Court claim for R3m brought by a mother on behalf of her young son who was electrocuted when he tried to turn on a tap.  The tap had been electrified through the negligence o...

Buying your first house is an exciting time. You’ve probably been dreaming of this day for years, and with good reason. Not only is this the home where you and your family will live, work and play, and where your children will grow up, in all probability it will also be one of the most important financial decisions of your life. The critical thing is to take this slowly and carefully. Don’t rush it! Planning and preparation are key, and we share 3 ideas on how to achieve that. We ...

From 1 February 2022 all property sellers, buyers, landlords and tenants acquire a series of new rights and responsibilities. Although the Property Practitioners Act (“PPA”) is a complex piece of legislation and much of it will be of more interest to estate agents and conveyancers than to you as a seller or buyer, landlord or tenant, it is critical that you understand which provisions of the Act affect you on a practical level, and that you be prepared for them. To take just one e...

Amongst the pandemic’s many economic victims are the restaurants, hotels and other venues closed or partially closed by lockdown regulations. Unable to trade, many have asked their landlords for rental relief. Others have claimed a legal entitlement to remission of rentals, citing “supervening impossibility of performance”. Commercial landlords and their tenants both need to understand their respective rights and obligations when a disaster of this nature strikes. A recent Hi...

If you plan to take advantage of the Holiday Season to sell your house, your first prize will of course be finding the best buyer, at the best price, as quickly as possible. As always, there’s a degree of luck involved, but you can to a great extent “make your own luck”.  So we’ll discuss the two elements of a “lucky sale” and then share some ideas on how to maximise them. Firstly, there should be a good number of qualified buyers around this y...

“Community scheme” living has many advantages, but disputes come with the territory and that’s where the conciliation and alternative dispute resolution services offered by the CSOS (Community Schemes Ombud Service) come into the picture. We’ll start off discussing what disputes you can refer to the Ombud and talk about why a recent High Court decision means that, barring exceptional circumstances, you cannot go direct to a court. A group of loft owners in an inner-city...

When you sell your house (or indeed any other property) you are almost certainly dealing with a transaction of major financial importance to you. You will therefore want to do everything you can to ensure a smooth and professional transfer process, with the purchase price being paid out to you as soon as possible. First step in achieving that is choosing the right conveyancer (transferring attorney) for the job. We discuss why every transfer needs to be carried out by a conveyancer, why you ...

We find ourselves in the midst of a deadly pandemic, yet incredibly stats suggest that up to 80% of South Africans have no “Last Will and Testament” in place. We discuss firstly how and why leaving your loved ones a will as part of a full estate plan will protect them, in their hour of greatest need, from unnecessary uncertainty, worry and risk. We move on to share a simple 15-point checklist which will help you leave a lasting legacy to your family, maximised and structured to lo...

Employee looting or violence may be strike-related or it may occur in non-workplace scenarios such as the recent public lawlessness we have all seen splashed across our screens. In both cases, employers need to tread with care. We’ll firstly address the scenario of strike action and labour unrest. As we shall see, the spectre of summary dismissal hangs over the head of any striker found guilty of violent or intimidatory conduct, but will dismissal be considered a fair sanction for strike...