Occupation Certificates: When and How to Get Them
Property owners need a valid Occupation Certificate. If the sale requires it, sellers must provide it, with conveyancers assisting in obtaining or applying.
In South Africa, the Local Municipalities issues an occupancy certificate, sometimes called a "certificate of occupancy" or "use certificate". This certificate confirms that a property is safe for occupation.
The responsibility of obtaining a certificate of occupancy lies with the property owner and should be obtained at the time of taking ownership of the property.
The steps and processes to follow to obtain an occupation certificate will differ from municipality to municipality as the local by-laws differ from municipality to municipality.
How to obtain an occupation certificate in some of our Metropolitans:
City of Cape Town
City of Cape Town confirms that for safety reasons, a new building may only be formally occupied once a certificate of occupation has been issued and that a certificate should be issued within 14 days from receiving the request provided that all requirements have been met 1.
An application should be completed on their e-Services portal and required documents attached. Some of the documents which City of Cape Town may require are the following (depending on the building):
• Electrical compliance
• Mechanical Ventilation System Compliance
• Roof construction Compliance
• Structural Systems Compliance
• Fire protection System Compliance
• Fire installation Compliance
• Energy Efficiency Compliance
• Any other certificate for which a rational design was required for the approval of the building plans
City of Cape Town will then if the workmanship of the building has been completed in respect of the approved building plan grant the occupation certificate in terms of the National Building Regulations and Building Standards Act No 103 of 1977.
Should the application be rejected by the City of Cape Town then they will provide with reasons for the rejection.
City of Johannesburg
The City of Johannesburg has made available a checklist of documents and requirements which will be required by the City of Johannesburg to issue a occupancy certificate and this can be viewed on their website: https://cpms.joburg.org.za/index.php?id=4
Conclusion:
It is a requirement for each property owner to have a valid occupation certificate for their property and an updated certificate will be required should alterations be made on the property together with the updated building plans.
Should the agreement of sale specifically stipulate that the seller must provide the purchaser with an occupation certificate then the seller is required to provide such certificate to the purchaser. The conveyancing attorneys will be able to assist the seller in guidance to obtain a copy of the occupation certificate if already issued or to apply for a new certificate to be issued if not previously issued.
Written by: Gustav Snyman
Moderated and approved by: Jean-Mari De Beer – Le Grange
1 https://www.capetown.gov.za/City-Connect/Apply/Planning-building-and-development/Building-plan-applications/Apply-for-a-certificate-of-occupancy
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