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.

LEVEL 3 REQUIREMENTS FOR ESTATE AGENTS

Since the good news that many businesses may again operate under the Level 3 regulations that become effective tomorrow, 1 June, many questions have been raised by agents as to their responsibilities. Here is a list of important requirements:

 

  1. Everyone – agents, their clients and staff – must wear a face mask at all times in a public space.

As business owner/employer

  1. Employers must provide employees who may come into contact with members of the public as part of their duties, with a face mask.
  2. Every business must determine the area of its floor space and based thereon, determine the number of clients/customers that will be allowed at the premises at a given time. Should there be queuing, steps must be taken that the persons queue at least 1½  metres apart.
  3. Businesses must provide hand sanitiser for use by the public and employees at the entrance to the premises.
  4. Businesses must appoint a compliance officer who must monitor compliance with the regulations and the business’ COVID-19 policy document. (For a draft of this document that you can adapt for your business, see our Newsflash here – https://stbb.co.za/newsflash-level-3-news/.)
  5. Agencies must adopt measures to promote physical distancing, including to enable employees to work from home or minimising the need for employees to be physically present at the workplace;  restricting face to face meetings; and they must implement special measures for employees with known health issues as well as for employees who are above the age of 60 years.

Viewings & number of persons involved

  1. Apart from the aforementioned requirements which ultimately require the exercise of utmost care and promote social distancing, including avoidance of face to face meetings as far as possible, there is no additional restrictions on doing a viewing or on the amount of people attending the viewing.

Entering homeowners’ associations, sectional title schemes

  1. Some agents have reported that some such schemes are prohibiting them from entering the schemes, arguing that the regulations do not allow “visits”. This is an incorrect interpretation of the regulations. All businesses that are allowed to operate under Level 3, may do so freely, as long as all precautionary safety measures are adhered to.  An agent visiting a client in an estate is performing his/her duties as an agent in terms of a permitted Level 3 service.

For assistance with any further questions you may have, contact your STBB conveyancer.