Buying or selling a property is one of the most significant financial decisions you’ll make - and with it comes important legal responsibilities. Ensuring all elements of the transaction are compliant is crucial for both peace of mind and financial protection.
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Work with certified professionals
According to Samuel Seeff, Chairman of the Seeff Property Group, the first step to protecting your interests is to work with a registered property professional. All agents must hold a valid Fidelity Fund Certificate (FFC) issued by the Property Practitioners Regulatory Authority (PPRA). This certificate confirms that the agent is legally registered and compliant with the Property Practitioners Act 22 of 2019.
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An FFC not only serves as a license to operate but also provides critical financial protection for clients. The Property Practitioners Fidelity Fund offers recourse in cases where an agent misappropriates funds entrusted to them. Clients are encouraged to verify an agent’s FFC directly on the PPRA website (www.theppra.org.za) or request to see the certificate in person to confirm its validity.
The PPRA also enforces a strict Code of Conduct to ensure ethical behaviour, transparency, and proper handling of trust accounts. It investigates complaints and can take disciplinary action where necessary, reinforcing consumer protection in the property sector.
Compliance certificates: What you need to know
In addition to working with a certified agent, sellers are legally required to provide several compliance certificates before a property transfer can take place. These include:
- Electrical Certificate of Compliance (ECOC)
- Electric Fence System Compliance Certificate (if applicable)
- Gas Certificate of Conformity (for properties using liquid gas)
- Beetle Infestation Clearance Certificate (in coastal regions)
- Plumbing Certificate (in areas such as Cape Town)
Adrian Goslett, Regional Director and CEO of RE/MAX of Southern Africa, explains that most compliance certificates are valid for two years - but must be reissued if any changes are made to the home in that period. If faults are found during inspections, sellers are responsible for repairs before certificates can be issued.
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These inspections focus on safety and legal compliance rather than general maintenance. For example, the plumbing certificate does not cover blocked drains or water pressure issues but rather checks that geysers, overflows, and main pipes are properly installed and leak-free. Similarly, beetle certificates are limited to timber inspections and do not account for other infestations.
Buyers should not assume that a home with all compliance certificates is free of defects. Goslett recommends that serious buyers commission independent inspections for peace of mind.
"While compliance certificates offer a layer of protection, they don’t cover everything. A private inspection can reveal issues not picked up during standard certification," he advises.
Guidance from your agent
Whether you're buying or selling, your real estate agent can be an invaluable source of guidance. A knowledgeable agent will not only ensure compliance with all legal requirements but can also recommend vetted professionals - electricians, plumbers, or inspectors - should additional advice or work be needed.
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Protect yourself by ensuring your agent is registered with a valid FFC and that all necessary compliance certificates are in order. These steps go a long way in securing a smooth, legal, and financially sound property transaction.
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