AA - June 2021

Author:  Tashreeq Jaffar
1 June 2021

CONVEYANCER’S CERTIFICATE – PROPERTY DEVELOPMENT

It has become a general requirement that when submitting a development application to a municipality that you submit a Conveyancer’s Certificate. In some municipalities such as the City of Cape Town, it is a standard document submitted in support of any development or land use application. The Conveyancer’s Certificate is prepared by a conveyancer, being an admitted attorney who also passed the conveyancing exam. The certificate itself is a certification by the conveyancer in respect of the restrictive conditions contained in the holding title as well as any pivot title that is referred to therein.

The municipality is to confirm whether the application submitted contravenes any title deed restrictions and if so, whether it is necessary for those title conditions to be removed, relaxed and further whether these conditions can be removed or relaxed.

The Conveyancer should be in a position to advise on the imposition of a restrictive condition, the party entitled to the benefit of the condition, and the process applicable to the removal or relaxation of the restrictive conditions.

Inaccuracies in the Conveyancer’s Certificate can lead to extensive delays in the municipal approval process or complex planning contraventions that are expensive and very difficult to rectify.

STBB as the property specialist has a dedicated team to issue these types of certificates.

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