GEOMATICS
Implications of the
PROPERTY PRACTITIONERS ACT On 1 February 2022, the Property Practitioners Act (No. 22 of 2019; PPA) came into operation, bringing with it a series of new requirements. For property owners, it’s important to understand how the new Act influences and forces them into compliance with other property-related Acts and the role that the land surveyor plays in the compliance process. By Altus Strydom, GPr LS*
T
intends to make an offer for the purchase or lease of a property. The completed form must be signed by all parties and attached to the agreement of lease or sale. If such a form was not completed and attached, it is understood as if no defects or deficiencies of the property were disclosed to the purchaser.
RELEVANT CLAUSES AFFECTING THE CONSUMER
Section 58: Limitation on relationships with other property market service providers The PPA prohibits the practice in which a practitioner provides a consumer with an incentive to use a particular conveyancer or service provider. Property practitioners who contravene this section of the PPA are not entitled to remuneration and must repay it to the consumer and may even be fined. The purpose of this section is to prohibit agents asking for, or service providers offering, payment for services rendered.
he PPA replaces the Estate Agency Affairs Act of 1976. Its main purpose is to establish the Property Practitioners Regulatory Authority, which will supersede the Estate Agency Affairs Board. The purpose of this new authority is to regulate the affairs of all property practitioners, to allow for transformation in the property sector, and to provide consumer protection. Few people realise the significance of certain clauses and how it will affect the sale of their property, because this Act places the responsibility on the seller/landlord and indemnifies the agent if negative information regarding the property is not disclosed.
Parts of the PPA that affect property owners are there to protect the consumer and here there are two major and significant sections. Section 67: Completed and signed disclosure form The agent must not accept a mandate unless the seller or lessor of the property has provided them with a fully completed and signed mandatory disclosure in the prescribed form; and must provide a copy of the completed mandatory disclosure form to a prospective purchaser or lessee who
48
IMIESA March 2022
COMPLIANCE FORM Most of the questions on the form relate to parts of the property that are quite obvious or where certificates need to be issued in any case. These include but are not exclusive to items such as the roof, structures, sewerage system, electrical and so forth. There are, however, questions where compliance is more complex. Here, a professional land surveyor (GPr LS) is the only professional qualified to answer. The relevant questions in this respect are:
- I am aware of a boundary line dispute, encroachments, or encumbrances in connection with the property Geomatics Profession Act (No. 19 of 2013; GPA) and Land Survey Act (No. 8 of 1997; LSA) A proper understanding of the words ‘encroachments’ and ‘encumbrances’ is required and extends beyond only encroachments in respect of property boundaries. It includes encroachment upon encumbrances where encumbrances include servitudes, title deed restrictions, building lines, land use rights, height of building, coverage, and floor area ratio. Only a registered professional land surveyor is qualified to answer not only the question regarding boundary disputes and encroachments, but also encroachments on encumbrances such as the height of building, position of building line, the extent of the building, position of servitudes, coverage, floor area ratio, and positional restrictive conditions in the title deed which affects the property. National Building Regulations (NBR) and Building Standards Act (No. 103 of 1997; BSA) Section 11A specifies clearly that if in doubt the municipality will request the owner to appoint a GPr LS to verify the boundary of a property and confirm that the above does not affect the property.
