DOES ABSENCE OF APPROVED PLANS AND OCCUPANCY CERTIFICATE INVALIDATE A LEASE?
Wierda Road West Properties (Pty) Ltd v SizweNtsalubaGobodo Inc (1156/2016)  ZASCA 170; 2018 (3) SA 95 (SCA) (1 December 2017)
The Supreme Court of Appeal was asked here to determine whether a tenant can escape its liabilities under a lease agreement by arguing that the lease agreement was invalid or at least unenforceable as there were no approved building plans or an occupancy certificate (as required in terms of the provisions of the National Building Regulations and Building Standards Act) in respect of the leased premises. Considering the penalties that are provided for in the Act for non-compliance, the Court held that it was not warranted to read into the wording of the Act that the legislature intended a further penalty of invalidity to follow.
STBB’s STSMA REFERENCE GUIDE
In this, the fiftieth set of notes for your STSMA Reference Guide, Prescribed Management Rule 29 is discussed.
Prescribed Management Rule 29
(N.B. Print in landscape)