Property Developer Archives - Ashersons Attorneys

04 Jan 2018

Plot-and-Plan: Great Option, Just Beware the Building Deadline

There are many benefits to the “buy and build” option when you decide to buy a house, but they come with some important cautions. One of them is that buyers who fail to build on their plots by the deadline risk penalty levies and/or buy-back (re-transfer) clauses contained in the sale agreement. We discuss a recent SCA case (Bondev Midrand (Pty) Ltd v Puling (802/2016); Bondev Midrand (Pty) Ltd v Ramokgopa (803/2016) [2017] ZASCA 141) illustrating both the risk to buyers of a buy-back clause, and the need for developers to beware of losing their claims through prescription. Buying a house…

29 Sep 2017

By Ashersons Attorneys

Security Complexes: Can You Use Telkom Ducting for Fibre?

Optic fibre is bringing “superfast broadband” to an exponentially-increasing number of South African homes and businesses. And competition in the field is fierce. Which is great for us as consumers, but if you live or work in a “community scheme” there’s a catch. How does your chosen supplier physically run fibre cabling to your individual properties? Laying new underground ducting will mean a lot of cost and a lot of disruption, so you’ll want to use existing infrastructure if you can, and Telkom’s ducting is likely to be a prime candidate. But before you rush ahead and use it, consider…

05 Jan 2017

By Ashersons Attorneys

Buying to Build in a Development?

There are many advantages to buying a vacant plot on which to build your dream house in a property development, but there are also potential risks to be managed. Discuss the pros and cons with your lawyer before you agree to anything. Build, or Lose the Plot The recent High Court case of Bondev Midrand (Pty) Limited v Ndlangamandla NO and Others (38331/2015) [2016] ZAGPPHC 939 illustrates one such danger – not building on your plot within whatever time limit is specified. Often developers will impose penalty levies for such failure (the penalties must be reasonable, but will still hurt…

26 Oct 2015

By Andrew Goldschmidt

Demolish or go to jail: Property developer in the doghouse

An extract from judgment in EThekwini Municipality v Bhardwaj (3135/2015) [2015] ZAKZDHC 80, which is available here: SAFLII “….. a lenient approach ….. would also lead to an open invitation to members of the public to follow the course adopted by the [developer] and to continue with the construction of buildings and structures in circumstances where the authority therefor has not been obtained from the relevant municipality” 30 days – that’s how long a property developer will spend in the local lock-up unless he demolishes illegal building works. A deviation from plans ….. A property developer obtained municipal approval to…