Maryna holds the BA, LLB, LLM degrees and is a Director at the Cape Town offices of STBB. She is an admitted Attorney, Notary Public and Conveyancer with many years of experience in the field of property law and conveyancing. She is also the firm's Marketing Director and attends to external publications for the firm as well as conducts ongoing training for estate agent and bankers training and is a regular seminar presenter for attorneys and property practitioners.

Property Law Update | Issue 08 – 2018

DOES ABSENCE OF APPROVED PLANS AND OCCUPANCY CERTIFICATE INVALIDATE A LEASE?

Wierda Road West Properties (Pty) Ltd v SizweNtsalubaGobodo Inc (1156/2016) [2017] 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.

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The Judgment
Summary of the Judgment

STBB’s STSMA REFERENCE GUIDE

In this, the fiftieth set of notes for your STSMA Reference Guide, Prescribed Management Rule 29 is discussed.

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Prescribed Management Rule 29
(N.B. Print in landscape)