Tashreeq Jaffar is a practising Attorney and Conveyancer in the firm's Property Law and Developments Department. He obtained his LLB Degree from the University of the Western Cape, completed his Articles with STBB and was admitted as an Attorney in February 2018 and as a Conveyancer in December 2018. As an Senior Associate to Allan White and Steven Borwick in the STBB Developments Department, Tashreeq deals with all matters related to Sectional Title Developments. As a young enthusiastic Conveyancer he enjoys taking on all technical conveyancing matter such as non-compensation agreements between developers and the City of Cape Town, Transfer of Common Property within a Sectional Title Scheme, drafting and registration of Notarial Deeds of Servitude.

Thought of the Week | The importance of a conveyancer’s certificate for property development or improvement

Every property has a title deed in which certain facts about that piece of land are recorded. Included in this title deed are the so-called ‘title conditions’ which, amongst other things, may list certain prohibitions on the use of the property. Therefore, in the case of a property development or improvement, the local authority will require you to include a Conveyancer’s Certificate amongst the documents submitted to obtain approval for the development or renovation.

In some municipalities, such as the City of Cape Town, it is a standard document submitted in support of any development or land use application; other municipalities require these certificates only for certain types of applications.

The Conveyancer’s Certificate is prepared by a conveyancer, being an admitted attorney who has also passed the conveyancing exam. The certificate itself is a certification by the conveyancer in respect of the existence or not of restrictive conditions which may affect the development or renovation application. The municipality is thereby placed in the position to confirm whether the application contravenes any title deed restrictions.

The conveyancer will advise the landowner on the effect of the restrictive conditions and, where necessary, for the development or renovation to proceed, how to go about bringing an application for the removal or relaxation of the restrictive conditions.

Inaccuracies in a Conveyancer’s Certificate have serious consequences, including extensive delays in the municipal approval process as well as potential additional costs.

STBB, as property specialists, has a dedicated team to issue these types of Conveyancer’s Certificates. For more information and assistance, contact info@stbb.co.za

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