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 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 when submitting a development application

It has become a general requirement that when submitting a development application to a municipality that you submit a Conveyancer’s Certificate. In some municipalities such as the City of Cape Town, the Conveyancer’s Certificate is a standard document submitted in support of any development or land use application. The Conveyancer’s Certificate is prepared by a conveyancer, being an admitted attorney who also passed the conveyancing exam. The certificate itself is a certification by the conveyancer in respect of the restrictive conditions contained in the holding title as well as any pivot title that is referred to therein.

The municipality must confirm whether the application submitted contravenes any title deed restrictions and if so, whether it is necessary for those title conditions to be removed, relaxed and further whether these conditions can be removed or relaxed.

The Conveyancer should be in a position to advise on the imposition of a restrictive condition, the party entitled to the benefit of the condition, and the process applicable to the removal or relaxation of the restrictive conditions.

Inaccuracies in the Conveyancer’s Certificate can lead to extensive delays in the municipal approval process or complex planning contraventions that are expensive and very difficult to rectify.

STBB as the property specialist has a dedicated team to issue Conveyancer’s Certificates.