Frequently Asked Questions

Is this legal advise?

No, this section and website is not intended to provide any legal advise whatsoever. If you are going to commit yourself to spend a large sum of money on a property, or commit to a long term bond on a property, it is good practise to consult a legal practitioner beforehand.

Can I sell or buy a house without an inspection?

Section 67(5) of the Property Practitioners Act 22 of 2019 encourage consumers to confirm the state of the property before finalizing the transaction. Although it is not a legal requirement, you run the risk of having undisclosed defects to the property that may incur legal and financial trouble later on.

Can I buy or sell a house without a completed disclosure form?

Section 67 of the Property Practitioners Act 22 of 2019 requires the property practitioner to not accept a mandate unless the mandatory disclosure form has been fully completed and signed. The property practitioner can be held liable by the affected consumer.

What are Patent and Latent defects?

Patent defects are visible and obvious flaws that can be detected with the naked eye by a layman. Latent defects are hidden defects that require expert detection and can sometimes go undetected and unpredictable for long periods of time. Sellers must declare known latent defects on the mandatory disclosure form.

What are the risks of not doing an inspection?

By not having a property inspection done before purchasing a property, you run the risk of missing patent defects. This can lead to the cancellation of the sale agreement, legal disputes and financial claims at a later stage.

When initially viewing a property before buying, it is easy to overlook certain items. The homeowner may also not be aware of critical issues that require attention, as most homeowners do not regularly inspect their roofs, roof cavities or other areas that are not easily accessible.

Why is it necessary to do tenancy inspections?

Second to non-payment of rent, damage to rental properties is one of the biggest causes of disputes between landlords and tenants. The Rental Housing Act 50 of 1999 requires the landlord to refund the deposit within seven days if no damages occurred, and within fourteen days if damages occurred. This makes the speed and accuracy of resolving damage disputes vital.

We can provide move-in, mid-term and move-out inspections using the same inspection template. This provides a consistent record of the property’s condition throughout the tenancy and allows any changes or damages to be clearly identified.

Is the report a Certificate of Conformance?

No, the Inspection Report is a report on the state of the property. The Inspector will indicate if the relevant CoC's have been examined and that the CoC's are valid in terms of date and scope. Any items found during inspection that the Inspector deems as a possible defect will be indicated to the client.

For the Inspector to legally sign off all the CoC's in the aforementioned section, it will require training, apprenticeship in at least four different industries and registration in at least six different categories at regulating bodies.

Do you require building plans upon transfer?

The Registrar of Deeds does not require approved, up to date building plans to register a transfer of property. However Section 4(1) of National Building Regulations and Building Standards Act requires that all structures must have municipal approval before being built, which in turn require approved building plans.

In Section AZ2 and Section 13, The National Building Regulation Regulations make provision for minor building work, that does not require approval prior to construction. The local authority (municipality) may or may not have their own regulations regarding this.

What do I do if there are defects found during the inspection?

All defects and concerns found during an inspection will be highlighted in the inspection report. It is between the buyer and seller to resolve whether the seller will address the defect at their time and cost or whether actio quanti minoris (discount) can be negotiated.

What items are not covered during the inspection?

We do not cover any electrical testing, solar system testing, electrical fence testing, water heater testing that is within the scope of a Certificate of Conformance. However we do advise the client if possible defects are observed, which can be further investigated by qualified and registered professionals such as electricians and plumbers.

Why is the inspection only valid for specific time?

The inspection provides a snapshot of the property’s condition at a specific point in time. There are several events that can change the condition of a property after the inspection, such as severe weather, storms, high winds and tornadoes.

Certain items may also be repaired, replaced or changed by the owner or occupants immediately after the inspection has been conducted. The inspection report therefore records the condition of the property at the time the inspection was carried out.

During what part of the process is an inspection required?

Preferably before the Sale Agreement is concluded. This will enable the buyer to better negotiate with the seller if defects are found on the property.