Undertaking a Property Development?
Documentation Guide for New Property Developments
At Bert Smith Incorporated Attorneys, we understand that every new development comes with its own unique set of requirements. While it isn’t possible to provide a definitive checklist, the following overview highlights the most common documents developers should anticipate for standard developments. Each project must still be assessed individually to ensure compliance.
Township Establishment
Before July 2016:
Final Conditions of Establishment (COE)
Approved General Plan
Section 101 certificate
Original Title Deed
Developer’s resolution authorising signatories
After July 2016 (SPLUMA & By-Laws):
Final COE
Approved General Plan (with extensions if required)
SPLUMA / by-law compliance certificate (replacing Section 101)
Additional documents as required by local by-laws
Original Title Deed and developer’s resolution.
After Proclamation
Certificate confirming services finalised (previously Section 82)
Original Title Deed
Supporting documentation such as diagrams, consents, servitudes, and notarial tie agreements
Sectional Title Schemes
- Approved Sectional Title Plans
- SPLUMA / by-law certificates
- Section 82 certificate Certificates from surveyors, architects, and engineers where extensions apply
- Updated scheme rules, parking allocations, and supporting plans
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- Transfer of Units / Erven
- Clearance certificate (rates and taxes)
- Purchaser acceptance of restrictive conditions (e.g. HOA or municipal restrictions)
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- Bond Registration
- Banks require extensive compliance, including:
- Correct property descriptions on all documents.
- Valid client ID, proof of address, marital status confirmation, tax details, and life cover if applicable. Insurance certificates, levy clearances, budgets, and rules from managing agents or HOAs. Developer documents such as NHBRC certificates, engineering and compliance certificates, occupation certificates, and relevant permits.
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- Final Note
- This guide highlights the most frequently required documentation but is not exhaustive. Each development must be assessed on its own merits, and requirements may vary depending on local by-laws and lender instructions.
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- Contact Bert Smith Incorporated Attorneys for professional guidance on navigating documentation and compliance for your development project.
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