Welcome to Lake Properties PROPERTY CAPE TOWN Lake Properties is a young and dynamic real estate ag

My photo
Cape Town, Western Cape, South Africa
Lake Properties, Cape Town is a young and dynamic real estate agency located in Wynberg, Cape Town. We offer efficient and reliable service in the buying and selling of residential and commercial properties and vacant land in the Southern Suburbs including Bergvliet,Athlone,Claremont,Constantia,Diepriver,Heathfield,Kenilworth,Kenwyn,Kreupelbosch, Meadowridge,Mowbray,Newlands,Obervatory,Pinelands,Plumstead,Rondebosch, Rosebank, Tokia,Rondebosch East, Penlyn Estate, Lansdowne, Wynberg, Grassy Park, Steenberg, Retreat and surrounding areas . We also manage rental properties and secure suitably qualified tenants for property owners. Another growing extension to our portfolio of services is to find qualified buyers for business owners who want to sell businesses especially cafes, supermarkets and service stations. At Lake Properties we value our relationships with clients and aim to provide excellent service with integrity and professionalism, always acting in the best interest of both buyer and seller. Our rates are competitive without compromising quality and service. For our clients we do valuations at no charge

Neighbourhood Spotlight on Plumstead

Lake Properties                      Lake Properties      

Lake Properties                    Lake Properties

If you’re looking for a suburb that’s family-friendly, well-connected, and still reasonably priced compared to its neighbours, Plumstead should definitely be on your radar. Tucked between Wynberg and Constantia, it offers a relaxed lifestyle without losing easy access to the city or the Southern Suburbs’ best schools.


πŸŽ“ Schools Around Plumstead

One of Plumstead’s biggest drawcards is its access to good schools. Families are spoiled for choice: John Graham Primary, Timour Hall Primary, and Plumstead High are all right in the area. For those willing to drive a few minutes, you’ve also got Wynberg Boys and Wynberg Girls—two of Cape Town’s top-performing schools.

For parents, this means school runs are short and convenient, and you don’t need to live right in Constantia or Claremont to give your kids a quality education.


πŸš‡ Getting Around

Commuters will love Plumstead’s location. It sits neatly between the M3 and M5 highways, which makes heading into town, the airport, or even the False Bay coastline pretty painless. Public transport is decent too, with Plumstead train station and taxis running along the busy Main Road.

Shopping is easy—Pick n Pay, Checkers, and small local shops are dotted along Main Road. And if you’re in the mood for something more upmarket, Constantia Village is just 10–15 minutes away.


☕ Lifestyle and Local Favourites

Plumstead isn’t flashy, but that’s exactly its charm—it’s laid-back and community-driven. You’ll see kids riding bikes, families walking their dogs, and neighbours greeting each other at the park.

  • For coffee and cake: Four & Twenty in nearby Wynberg Chelsea is a local favourite.
  • For green space: Keurboom Park is perfect for family outings and dog walks.
  • For weekends: You’re spoiled—Tokai forest for a walk, Constantia wine farms for a long lunch, or Muizenberg beach for a quick surf.

πŸ’° Property Prices in Plumstead (2025 Snapshot)

Here’s the part most buyers are waiting for: what does it cost to live here?

  • Townhouses & apartments: From around R1.2m to R2.5m
  • Family homes: Generally between R2.5m and R4.5m

Compared to Claremont and Newlands, Plumstead gives you more house for your money. It’s one of the reasons young families and first-time buyers love it—plus retirees looking to downscale find it appealing too.


πŸ“ˆ Where the Market is Heading

Plumstead has seen steady growth over the past few years. As prices in Claremont and Newlands climb higher, more buyers are turning their attention here. Well-renovated homes, especially those close to schools and parks, are in demand and tend to sell quickly.

Rental demand is also strong, particularly from young professionals who want a quiet suburb but still need good access to the city.


🌟 Why People Choose Plumstead

What people love:
✅ More affordable than neighbouring suburbs
✅ Lots of schools nearby
✅ Quiet, leafy streets with a real community feel
✅ Easy access to highways and transport

What’s not so perfect:
❌ Main Road traffic can get hectic
❌ Stands are smaller than in Constantia
❌ If you want nightlife, you’ll need to head to Claremont or the city


πŸ”‘ Agent’s Tip

I often tell my clients: Plumstead is the sweet spot if you want the lifestyle of the Southern Suburbs without Constantia prices. Homes close to Wynberg or near Keurboom Park usually attract the most interest—so if you see one pop up, don’t wait too long.


πŸ“ž Thinking of Buying in Plumstead?

If Plumstead sounds like it could be home, I’d be happy to show you around or send you the latest listings before they hit the big property websites. Get in touch, and let’s find the right fit for you.

Lake Properties                      Lake Properties

Can a offer be purchase accepted verbally or must it it be writing

Lake Properties                       Lake Properties

Lake Properties                     Lake Properties

Let me break it down for you in more detail:

1. The Legal Requirement

  • In South Africa, the Alienation of Land Act 68 of 1981 states that any agreement for the sale of immovable property (land, house, flat, etc.) must be in writing and signed by both parties.
  • This law overrides any verbal agreement. Even if both buyer and seller verbally agree on the price and terms, it is not legally enforceable unless reduced to writing.

2. Why Verbal Acceptance Is Not Binding

  • No proof: A verbal acceptance leaves no physical evidence. If a dispute arises, neither party can prove what was agreed.
  • Risk of misunderstanding: Important details like occupation date, deposit, fixtures, and suspensive conditions (e.g., subject to bond approval) might be left out.
  • Easy to dispute: Either party could later deny having agreed.

3. Why Writing Protects Both Buyer and Seller

For the Buyer

  • Guarantees that the seller cannot change the agreed purchase price later.
  • Ensures all terms (deposit, bond finance, transfer costs, etc.) are clear.
  • Provides a binding document that attorneys can use to register the transfer of the property.

For the Seller

  • Ensures the buyer cannot walk away without consequences (e.g., forfeiting deposit).
  • Protects against claims that different terms were agreed.
  • Provides certainty on timelines (transfer, occupation, occupational rent, etc.).

4. Practical Example

  • Imagine a buyer offers R1,000,000 verbally, and the seller says “I accept.” Later, the seller gets another offer for R1,100,000. Because the first deal was only verbal, the seller is free to accept the higher written offer, and the first buyer has no legal claim.

  • On the other hand, if the agreement was in writing and signed, the seller would be legally bound to the first offer, and the buyer could enforce the sale in court if necessary.


In summary:

  • An offer to purchase must always be in writing.
  • Verbal acceptance has no legal force in property sales.
  • Written agreements protect both sides and ensure the property transfer process can go ahead legally.

Lake Properties                     Lake Properties

Why is date of acceptance very important in an offer to purchase


Lake Properties                      Lake Properties

Lake Properties                      Lake Properties

The date of acceptance in an Offer to Purchase (OTP) is extremely important because it determines when the agreement becomes legally binding on both buyer and seller. Here’s why:

1. Contract Formation

  • An OTP is only an offer until the seller signs and accepts it.
  • The contract is not binding until the seller accepts and dates it.
  • The date of acceptance marks the official start of the agreement.

2. Suspensive Conditions

  • Many OTPs include suspensive conditions (e.g., buyer must obtain bond approval within 30 days).
  • These time periods usually start running from the date of acceptance, not from when the buyer signed.

3. Deadlines and Timelines

  • Transfer process steps, bond approval, deposit payments, compliance certificates, and occupation dates are all calculated from acceptance date.
  • Without the date, there could be disputes over whether a deadline has been met.

4. Legal Certainty

  • The acceptance date removes any doubt about when the agreement took effect.
  • If not clearly recorded, either party could argue about timelines or even claim the contract never became valid.

5. Risk and Possession

  • The date of acceptance is the point at which the buyer becomes bound to purchase and the seller becomes bound to sell.
  • It also establishes when risk and benefit arrangements in the OTP begin to apply.

In short: The date of acceptance is the anchor date that ensures the contract is valid, timelines are enforceable, and both parties know their obligations clearly.

Lake Properties                   Lake Properties

What is a "PROBLEM Building.Why is referred to as a problem property and what can be done to solve the situation


Lake Properties                     Lake Properties

Lake Properties                    Lake Properties

A problem building (or problem property) is basically any property that is seen as undesirable, risky, or difficult to deal with in the property market. It can cause stress for the owner, be avoided by buyers, and often sells for less than its potential value.


πŸ”Ή Why It’s Called a Problem Building

It is referred to as a problem property because it creates barriers to either:

  • Ownership (hard to sell, transfer, or finance),
  • Occupation (unsafe, illegal, or unattractive for tenants), or
  • Profitability (expensive to maintain, not generating good returns).

Some common categories of problems:

1. Structural / Physical Problems

  • Foundation cracks, damp, leaking roofs, collapsing walls.
  • Old or neglected plumbing and electrical wiring.
  • Buildings not maintained for years, creating health and safety risks.

πŸ’‘ Example: A block of flats with broken lifts and unsafe fire escapes is considered a problem property for both tenants and the municipality.


2. Legal / Compliance Problems

  • Building plans not approved by the municipality.
  • Zoning violations (e.g., using residential property for business without consent).
  • Illegal extensions or extra units built without approval.
  • Ongoing litigation (disputes about ownership, inheritance, boundary lines).

πŸ’‘ Example: A property advertised with “extra rental rooms” built in the backyard without plans – banks may refuse to finance it, making it a problem property.


3. Financial Problems

  • Owner owes large arrears in rates, levies, or taxes.
  • Mortgage bond in distress or under foreclosure.
  • High running costs with little income (negative cash flow).
  • Overpriced compared to similar properties in the area.

πŸ’‘ Example: An apartment where levies have not been paid for years – the new buyer inherits the debt, so many buyers walk away.


4. Location Problems

  • Situated in an area with high crime, poor services, or no development.
  • Close to noisy industries, sewage plants, or highways.
  • Neighborhood reputation puts off buyers and banks.

πŸ’‘ Example: Even a good house can be a problem property if it’s in a declining inner-city zone.


5. Occupancy / Tenant Problems

  • Illegal occupants or squatters (hard and expensive to evict).
  • Tenants who refuse to pay rent.
  • Rental units that stay empty due to unattractiveness of the property.

πŸ’‘ Example: An investor buys a block of flats but finds that half the tenants don’t pay rent and won’t leave — this becomes a financial and legal headache.


6. Reputation / Stigma

  • Known as a “bad building” because of crime, drugs, or gang activity.
  • History of fires, structural collapse, or tragic events.
  • Once a building has a reputation, it can scare away banks, buyers, and tenants.

πŸ’‘ Example: An old hotel converted into flats but taken over by criminal activity becomes a classic problem property.


πŸ”Ή What Can Be Done to Solve the Problem?

The solution depends on what type of problem the property faces.

✅ If the problem is structural:

  • Hire engineers/inspectors to assess damage.
  • Do renovations (roof repairs, rewiring, waterproofing).
  • Apply for compliance certificates (electrical, plumbing, gas).

✅ If the problem is legal:

  • Apply for rezoning or special consent.
  • Submit plans for approval to the municipality.
  • Resolve disputes through mediation or court.
  • Clear outstanding municipal debts before transfer.

✅ If the problem is financial:

  • Negotiate with banks to restructure the loan.
  • Reduce asking price to market-related value.
  • Sell to a cash buyer or property investor who takes on distressed properties.
  • Improve management of rentals to increase income.

✅ If the problem is location-related:

  • Invest in security, fencing, or landscaping.
  • Market property to buyers who see value (e.g. student housing near universities, industrial users near factories).
  • Join area renewal projects (City Improvement Districts).

✅ If the problem is tenant/occupancy-related:

  • Evict illegal occupants legally (through the courts).
  • Screen tenants carefully and enforce leases.
  • Use professional property managers to stabilize rentals.

✅ If the problem is reputation-related:

  • Rebrand the building (new name, fresh paint, marketing).
  • Improve lighting, security, and maintenance to restore confidence.
  • Highlight positive changes (e.g., “renovated and upgraded”).

πŸ”Ή Key Takeaway

A problem property is one that carries extra risks or costs, making it unattractive to buyers, tenants, or banks.
πŸ‘‰ The solution lies in identifying the root cause (structural, legal, financial, social) and then either fixing it or repositioning the property for a different market.

Lake Properties                     Lake Properties

What is an Instalment sale. Is it legal, how does it work, the advantages and disadvantages of an Instalment Sale over a traditional bond


Lake Properties                     Lake Properties


Lake Properties                      Lake Properties

Let’s go into more depth on each part, so you have a complete picture of how instalment sales work in South Africa and how they compare to a normal bank bond.


πŸ“˜ Instalment Sales in South Africa – Full Explanation

1. Definition

An instalment sale of land is a transaction where:

  • A seller sells a property to a buyer.
  • Instead of paying the full purchase price upfront (usually via a bank bond), the buyer pays the price in monthly instalments over a fixed period.
  • Legal ownership remains with the seller until the buyer finishes paying, but the buyer is often given immediate occupation and use of the property.

This type of arrangement is especially common when a buyer cannot access traditional bank financing.


2. Legality in South Africa

Instalment sales are fully legal under the Alienation of Land Act, 68 of 1981, which sets out rules to protect both buyers and sellers:

  • The contract must be in writing and signed.
  • It must include the purchase price, deposit, interest rate, instalment details, and time frame.
  • If the agreement is longer than 1 year, it must be recorded in the Deeds Office where the property is situated.
  • The buyer has protection: if they fall behind, the seller must give them notice and a chance to catch up before cancelling.
  • The buyer has a statutory cooling-off right (5 days after signing, for properties under R250,000).

This ensures the deal is enforceable and prevents abuse.


3. How an Instalment Sale Works (Step by Step)

  1. Negotiation – Seller and buyer agree on a purchase price and terms.
  2. Contract Drafting – A lawyer/attorney drafts a written instalment sale agreement, complying with the Act.
  3. Deposit – Sometimes the buyer pays a deposit upfront, reducing the balance owed.
  4. Payments – The buyer pays monthly instalments, which may include:
    • Principal (purchase price portion)
    • Interest (agreed rate, often higher than banks)
    • Sometimes municipal rates/levies
  5. Occupation – Buyer may move in and use the property but does not yet hold the title deed.
  6. Recording – If over 12 months, the contract is filed at the Deeds Office for transparency.
  7. Final Payment – Once all instalments are paid, ownership is transferred, and the title deed is registered in the buyer’s name.

4. Advantages of Instalment Sale over a Bank Bond

For the Buyer

  • Easier access to property – Useful if you cannot qualify for bank finance.
  • Flexible terms – Payment structure, deposit, and interest are negotiable directly with seller.
  • Immediate occupation – Can live in or rent out the property while paying it off.
  • Lower upfront costs – Sometimes no transfer costs or bond registration fees until final transfer.
  • Bridge to bond – Some buyers use an instalment sale temporarily, then switch to a bank bond later.

For the Seller

  • More buyers – Attracts those excluded from the banking system.
  • Ongoing income – Seller earns interest on the balance, potentially higher than bank investments.
  • Faster sale – No bank approval delays.
  • Control of ownership – Seller keeps legal title until fully paid.

5. Disadvantages of Instalment Sale vs. Bank Bond

For the Buyer

  • Delayed ownership – No title deed until final payment.
  • Risk if seller defaults – If seller has a bond and doesn’t pay the bank, the property could be repossessed even if you are paying your instalments.
  • Higher costs – Seller may charge higher interest than banks.
  • Limited security – If agreement is not recorded in the Deeds Office, buyer risks losing rights if seller resells or is declared insolvent.
  • Long-term uncertainty – If property values rise, you benefit, but if they fall, you may be paying more than market value.

For the Seller

  • Delayed cash flow – Cannot access full purchase price upfront.
  • Default risk – If buyer stops paying, seller must go through legal cancellation and repossession.
  • Responsibility remains – If buyer doesn’t pay rates/levies, municipality may still chase the seller as legal owner.
  • Market risk – If the buyer defaults years later, the seller may get the property back in worse condition.

6. Comparison with a Normal Bank Bond

Feature Instalment Sale Normal Bank Bond
Ownership transfer After final payment Immediately after registration
Financing source Seller Bank
Interest rates Negotiable, often higher Prime-linked, usually lower
Legal protections Alienation of Land Act National Credit Act, bank foreclosure rules
Flexibility High (custom terms) Low (bank-determined)
Risk for buyer Seller default, delayed ownership If buyer defaults, bank repossesses
Risk for seller Buye7r default, late transfer Minimal (bank gets paid upfront)
Costs (upfront) Lower (no bond registration) Higher (bond registration, attorney fees)
Accessibility Good for buyers without bank approval Restricted to those who qualify for finance

Conclusion

An instalment sale is a legal and practical way to buy or sell property in South Africa without relying on a bank bond. It provides flexibility and opportunity for buyers who cannot access traditional finance and allows sellers to secure a sale while earning interest.

However, both sides carry risks:

  • Buyers face delayed ownership and exposure if the seller defaults.
  • Sellers face delayed payment and the possibility of buyer default.

Because of these risks, it’s critical that instalment sales be properly drafted, registered at the Deeds Office, and guided by an experienced property attorney.

Lake Properties                       Lake Properties

What is a bond,how does work and how long can you pay it off


Lake Properties                       Lake Properties

Lake Properties                       Lake Properties

A bond in property terms is basically a home loan that you get from a bank or financial institution to buy a house. Since most people don’t have the full purchase price of a property in cash, they borrow the money and then pay it back over time with interest.

Here’s how it works:

1. How a bond works

  • You apply to a bank for a home loan.
  • The bank assesses your income, expenses, credit record, and affordability.
  • If approved, the bank lends you the money to pay the seller of the house.
  • You then repay the bank monthly until the loan is fully settled.

2. What you pay for

  • Capital – the actual amount you borrowed.
  • Interest – the cost of borrowing, usually linked to the prime lending rate.
  • Fees/Insurance – sometimes banks include administration fees and require you to have home insurance.

3. How long you can pay it off

  • In South Africa, the standard repayment term is 20 years (240 months).
  • Some banks allow shorter terms (e.g., 10 or 15 years) if you want to pay it off quicker.
  • In certain cases, a bank might approve up to 30 years, but this is less common.

4. Flexibility

  • You can pay extra into your bond whenever you want – this reduces the interest and helps you pay it off faster.
  • If you struggle financially, some bonds offer options like payment holidays or restructuring, but these usually extend your repayment term and cost more in the long run.

πŸ‘‰ In short: A bond is a loan to buy property. The bank pays the seller, and you repay the bank monthly over 20–30 years, covering both the loan and interest.

Lake Properties                       Lake Properties

On the day my bond is paid up.What do I do now let it lay at the bank or do I collect it from the bank

Lake Properties                     Lake Properties

Lake Properties                      Lake Properties

Let’s go deeper and break it down clearly step by step for South Africa:


✅ What Happens When Your Bond Is Paid Up

When you’ve paid your last instalment, the bank will issue a bond paid-up letter confirming the account has a zero balance. But that doesn’t mean the bond is automatically cancelled at the Deeds Office — the bond remains registered against your property until you take the next step.


πŸ”‘ Your Options

Option 1: Leave the Bond at the Bank

  • The bank keeps the bond registered at the Deeds Office.
  • Your title deed remains with the bank (in digital storage since SA went paperless in 2019, but you can still get a copy).
  • You don’t owe anything, but the property is still “encumbered.”
  • You’ll continue paying a small admin fee (usually R50–R80 per month).
  • Benefit: If you want another loan in future (like a further bond or access facility), it’s faster and easier since the bond is already in place.

Option 2: Cancel the Bond (Recommended for most homeowners)

Here’s how it works:

  1. Request cancellation from the bank

    • Contact your bank and tell them you want to cancel the bond.
    • They will issue a “Consent to Cancel” to a conveyancing attorney.
  2. Attorney appointment

    • Only a conveyancer can lodge the cancellation at the Deeds Office.
    • You can choose your own attorney or let the bank appoint one.
  3. Documents required

    • Paid-up letter from the bank.
    • Bond account number.
    • Your ID and property details.
  4. Deeds Office process

    • The attorney lodges the cancellation documents at the Deeds Office.
    • The Deeds Office updates the records, removing the bank’s name.
    • Your property becomes “unencumbered” (100% yours).
  5. Costs involved

    • Attorney fee: usually around R3,000 – R5,000 (depends on attorney scale).
    • Deeds Office fee: a few hundred rand.
    • These costs are for your account, not the bank’s.
  6. After cancellation

    • The bond account is closed permanently.
    • No more monthly admin fees.
    • You can request an e-title deed copy for your records.

⚖️ Which Should You Choose?

  • If you want your property to be free and clearCancel the bond.
  • If you want to keep the option of borrowing quickly against it → Leave it open (but you’ll pay small ongoing fees).

πŸ‘‰ A good rule of thumb: If you’re not planning to borrow again within the next year or two, it’s better to cancel and save money long-term.

Lake Properties                      Lake Properties

What must you do if you know that you are going to miss a bond instalment

Lake Properties                       Lake Properties

Lake Properties                       Lake Properties

Perfect, let’s go step by step and go deeper into what happens in South Africa if you miss bond instalments πŸ‘‡


πŸ”Ž What Happens If You Miss a Bond Payment?

First missed payment (0–30 days late)

  • The bank’s system flags your account as in arrears.
  • You’ll get an SMS, email, or phone call from the collections team.
  • The bank might charge a late payment fee + interest on the arrears.
  • Best move: Pay as soon as possible, or contact the bank to make an arrangement.

Second month missed (30–60 days late)

  • You’re now 2 months in arrears.
  • The bank will start calling more urgently and may send written notices.
  • If you still don’t pay, they may block access to further facilities (like redraws or credit cards if linked).
  • Risk: Your credit record is now at risk of being negatively affected.

Third month missed (60–90 days late)

  • You’re now seriously in default.
  • The bank can issue a Section 129 Notice (National Credit Act).
    • This is a legal letter saying you are in breach of your home loan agreement.
    • It warns that if you don’t settle or make arrangements, they can start legal action.
  • At this stage you still have the right to:
    • Reinstate the bond by paying the arrears.
    • Negotiate repayment arrangements.
    • Enter debt review (through a registered debt counsellor).

90+ days late (legal stage begins)

  • If you ignore the Section 129 notice, the bank can:
    1. Summon you to court for repossession.
    2. Ask the court for a judgment and a writ of execution (to attach your property).
    3. The sheriff of the court can then put your house up for sale in execution (public auction).

⚠️ Important: Even if the house is sold, if the auction price doesn’t cover your bond, you are still liable for the shortfall.


πŸ›‘️ How to Protect Yourself

  1. Talk to your bank early — don’t wait until month 3.
  2. Ask for payment restructuring:
    • Extend your loan term to lower instalments.
    • Pay only interest for a period.
    • Get a short “payment holiday.”
  3. Apply for debt review before legal action if your finances are tight overall.
  4. Sell the property voluntarily if you know you cannot recover — you’ll get a better price than a bank auction.

⚖️ Timeline Summary

  • 1 month missed: Small fees + warning.
  • 2 months missed: Collections intensify, credit score at risk.
  • 3 months missed: Section 129 notice, legal threat.
  • 3–6 months missed: Bank can go to court → repossession.

πŸ‘‰ In short: Missing 1 payment isn’t the end of the world if you act fast. But missing 3+ payments without communication can put your house at serious risk.

Lake Properties                       Lake Properties

Why does the buyer have 24 hours to substitute himself for a new buyer

Lake Properties                       Lake Properties

Lake Properties                      Lake Properties  
Let’s go deeper, because substitution clauses and cessions of rights are similar in purpose (changing the buyer) but legally very different in how they work.

1. πŸ”„ Substitution Clause (usually with 24 hours)

πŸ“Œ How it works:

  • Written into the Offer to Purchase (OTP).
  • Buyer signs as “Purchaser”, but the clause allows them to nominate/substitute another party within a set time (commonly 24–48 hours).
  • If they exercise that right, the substituted party is treated as if they were the original buyer from day one.

✅ Advantages:

  • No fresh contract — the substituted buyer simply steps in under the same OTP.
  • Direct transfer — property goes straight from seller to the substituted buyer.
  • No double transfer duty — SARS sees only one buyer.
  • Clean process — no extra agreements beyond the written notice of substitution.

❌ Limitations:

  • Must be done within the time stated (often 24 hours).
  • If missed, the original buyer remains locked in as the purchaser.
  • Substitution is only valid if the clause exists in the OTP. Without it, the buyer cannot substitute directly.

2. πŸ“œ Cession of Rights (used after the 24 hours lapse)

πŸ“Œ How it works:

  • Buyer has already become the contracting purchaser under the OTP.
  • If they now want another person/company to take over, they must sign a cession agreement with that person, and the seller must give written consent.
  • The new party takes over the buyer’s rights and obligations under the OTP.

✅ Advantages:

  • Can be done after the 24-hour period, sometimes weeks or months later (as long as transfer hasn’t been registered).
  • Still allows the new buyer to get direct transfer from the seller (avoiding a double transfer).

❌ Limitations:

  • Needs seller consent — the seller can refuse.
  • Usually involves extra legal costs (the conveyancer must draft and register the cession).
  • If not properly handled, SARS could treat it as two transactions (possible risk of double duty).

3. πŸ“Œ Key Differences

Feature Substitution Clause Cession of Rights
Where it comes from Written in OTP Separate agreement drafted later
Timing Usually must be exercised within 24–48 hrs Can be done any time before transfer
Consent needed Only buyer’s written nomination required Seller’s written consent required
Costs Minimal (just substitution notice) Additional legal costs
Transfer duty Paid once (clean) Paid once if properly handled; risk of double duty if not

4. ⚖️ Why the 24 Hours?

  • It forces the buyer to decide quickly whether they’re purchasing personally or through another entity (company, trust, spouse, etc.).
  • Prevents the seller from being left in limbo.
  • After that, substitution becomes more complicated and shifts into cession territory, which protects the seller but costs the buyer more.

In summary:

  • The substitution clause (24 hours) is a quick, contractual right built into the OTP.
  • If you miss it, you can still do a cession of rights, but it’s more complex, needs seller consent
Lake Properties                      Lake Properties


If you are building a new house do you use second hand materials to save money, or use new materials


Lake Properties                     Lake Properties

      
Lake Properties                      Lake Properties

Let’s go deeper and unpack this properly. Building a new house is usually your biggest lifetime investment, so the choice between second-hand vs. new materials needs careful thought.


πŸ”Ή 1. Where Second-Hand Materials Can Work Well

Certain parts of a house are low-risk if you use reclaimed items, as long as they’re in good condition. These can help you save money without compromising safety:

  • Face Bricks or Paving: Second-hand clay bricks or paving blocks are durable and often weathered beautifully. Great for feature walls, garden paths, or driveways.
  • Solid Wood Doors: Old hardwood doors are often better quality than new pine ones. With sanding and varnishing, they look premium.
  • Windows & Frames: Aluminium windows can be reused if the glass and seals are intact, though fitting them may cost extra.
  • Tiles (Floor or Roof): If intact, roof tiles and ceramic floor tiles can be reused. However, they need careful inspection to avoid cracks or leaks.
  • Fixtures & Fittings: Bathtubs, sinks, taps, light fittings, and cabinets can often be salvaged, especially vintage ones.
  • Timber (Non-structural): Reclaimed wood works beautifully for built-in furniture, cladding, ceilings, or shelving — but not for structural beams unless certified.

πŸ’‘ Tip: Always check for cracks, water damage, rot, or rust before reusing. Labour costs may increase because old materials take more time to fit properly.


πŸ”Ή 2. Where You Should Always Use New Materials

Some components are too critical for safety, compliance, and durability — they must be new, SABS-approved, and under warranty:

  • Foundations & Concrete Work: Must meet engineering specs; using weak second-hand material risks collapse.
  • Roof Trusses & Structural Timber: Needs certification (SABS-approved); old wood can weaken and fail.
  • Electrical Wiring: Second-hand wiring is dangerous (fire risk). Always buy new, compliant with electrical codes.
  • Plumbing Pipes & Fittings: Old pipes can leak, rust, or contaminate water. Always install new.
  • Windows & Doors in External Walls: For security and insulation, better to buy new, sealed units.
  • Geysers & Appliances: Must be new for insurance and warranty coverage.
  • Waterproofing Materials: Roof sheeting, damp-proofing, flashing — reusing these almost always leads to leaks.

πŸ’‘ Tip: Even if you save on these items upfront, the repair costs later (like water damage, rewiring, roof collapse) can be 5–10x higher than buying new.


πŸ”Ή 3. Cost Comparison (Typical Example in SA)

Let’s say you’re building a 100 m² 3-bedroom home. Here’s what you might save:

Item New Material Cost Second-Hand Cost Notes
Face Bricks (10,000) R14,000 R7,000 Half-price, if cleaned & sorted
Wooden Doors (6) R9,000 R3,000 Salvaged hardwood, better than new pine
Aluminium Windows (8) R40,000 R18,000 May require custom fitting
Roof Tiles (4,000) R36,000 R15,000 Only if not cracked
Kitchen Sink & Fittings R6,000 R2,500 Vintage/second-hand stores
Electrical Wiring R15,000 ❌ Not safe Must be new
Plumbing Pipes R20,000 ❌ Not safe Must be new
Geyser R10,000 ❌ Not safe Must be new & insured

πŸ‘‰ Estimated Savings: About R50,000 – R70,000 on non-structural finishes.
πŸ‘‰ Risk: If you tried to reuse plumbing, wiring, or roofing structure, you could lose that savings — and more — in future repairs.


πŸ”Ή 4. Resale Value Considerations

  • A home built with new materials is easier to resell — buyers and banks feel safer.
  • Too many visible second-hand finishes may make the house look “cheap” or unfinished unless done tastefully (e.g., reclaimed wood features, vintage doors).
  • If you’re building to flip or resell, stick mostly to new materials. If it’s your forever home, you can take more creative risks.

Bottom Line:

  • Use new materials for all structural, electrical, plumbing, and waterproofing.
  • Use second-hand for aesthetic finishes, decorative elements, and non-critical features.
  • The “hybrid” approach saves money and keeps your house safe, compliant, and valuable.

Lake Properties                       Lake Properties

How to Spot a Great Investment Property in the Western Cape

Lake Properties                    Lake Properties Lake Properties                       Lake Properties πŸŒ… Why the Western Cape...

Lake Properties,CapeTown