Author: TASHREEQ JAFFAR
16 October 2021
Conveyancer’s Certificate – Property Development
Every property has a title deed in which certain facts about that piece of land are recorded. These include so-called ‘title conditions’ which, amongst other things, may list certain prohibitions on the use of the property. Therefore, in the case of a property development or improvement, the local authority will require you to include a Conveyancer’s Certificate amongst the documents submitted to obtain approval for the development or renovation.
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; other municipalities require these certificates only for certain types of applications.
The Conveyancer’s Certificate is prepared by a conveyancer, being an admitted attorney who has also passed the conveyancing exam. The certificate itself is a certification by the conveyancer in respect of the existence or not of restrictive conditions which may affect the development or renovation application. The municipality is thereby placed in the position to confirm whether the application contravenes any title deed restrictions.
The conveyancer will advise the land owner on the effect of the restrictive conditions and, where necessary, for the development or renovation to proceed, how to go about bringing an application for the removal or relaxation of the restrictive conditions.
Inaccuracies in a Conveyancer’s Certificate have serious consequences, including extensive delays in the municipal approval process as well as potential additional costs.
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