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.
Our property development attorneys assist developers with the legal structuring, documentation and conveyancing requirements associated with residential and commercial developments. Early property law advice can also help identify title conditions, servitudes, development restrictions and other legal considerations before significant capital is committed.
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
Transfer of Units / Erven
Bond Registration
Banks require extensive compliance, including:
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.
Contact Bert Smith Incorporated Attorneys for professional guidance on property developments from our Pretoria and Centurion offices on projects across South Africa.
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