Reference
New Developments Glossary
Every term a buyer encounters during a new residential development purchase in South Africa. From the reservation form to title-deed registration. Bookmark this page; refer back to it as the transaction unfolds.
- Off-plan
- The sale of a residential unit before the development is complete. The buyer signs a sale agreement and lodges a deposit; the unit is then built to specification and transferred on completion.
- NHBRC
- The National Home Builders Registration Council. Every new residential build by a registered builder in South Africa must be enrolled with the NHBRC. The enrolment carries a five-year structural warranty, a one-year roof leak warranty, and a three-month patent defect warranty.
- NHBRC enrolment
- The formal registration of a specific new-build with the NHBRC. The enrolment number must appear in the sale agreement and is the buyer protection against developer insolvency.
- Sale agreement
- The binding contract between buyer and seller for the purchase of immovable property. Sometimes called the offer to purchase or OTP. In new developments, the sale agreement carries the suspensive condition that a bond must be granted, the deposit structure, the building period, and the snag list procedure.
- Reservation form
- The pre-sale-agreement document used by developers to hold a specific unit for a buyer while the bond is finalised. Usually carries a reservation deposit (R5,000 to R25,000 in Gauteng), a validity period of two to four weeks, and identification of the specific unit.
- Suspensive condition
- A clause in the sale agreement that must be met before the agreement becomes legally binding. The standard suspensive condition in new-development sale agreements is that a bond of a specified amount must be granted within a stated number of days.
- Bond
- A home loan registered against the title deed of the property. The bond is granted by the bank, registered by the bond attorney, and lodged at the deeds office simultaneously with transfer.
- Bond pre-approval
- The bank confirming, in writing, the maximum bond it will approve on a buyer profile, before a specific unit has been chosen. Non-binding but anchors the bond amount on the sale agreement.
- Bond originator
- A free service (ooba, BetterBond, others) that submits a bond application to multiple banks in parallel. Paid by the winning bank, not the buyer.
- Conveyancer
- The attorney who handles the transfer of immovable property at the deeds office. In new developments, the developer appoints a panel conveyancer who handles every unit in the development; the buyer cannot choose a different conveyancer.
- Panel attorney
- See conveyancer.
- Bond attorney
- The attorney appointed by the bank to register the bond against the title deed. The bond attorney runs in parallel with the conveyancer and lodges bond documents at the deeds office at the same time as transfer.
- Transfer duty
- A SARS tax on the acquisition of immovable property. The buyer pays it. The amount is on a sliding scale linked to the purchase price. Below the annual SARS threshold, transfer duty is zero.
- VAT
- On a sale by a VAT-registered developer in the course of business, VAT applies instead of transfer duty. The developer quotes a single VAT-inclusive price; the conveyancer prepares the transfer accordingly.
- FLISP
- The Finance Linked Individual Subsidy Programme. A South African government once-off subsidy for first-time home buyers within a gazetted household-income band. Paid directly into the bond at registration. Administered through the bank.
- Sectional title
- A form of ownership in a multi-unit residential development where the owner holds title to a specific section (the unit) and an undivided share of the common property. Governed by the Sectional Titles Act and the body corporate scheme rules.
- Body corporate
- The legal entity formed by the collective of unit owners in a sectional title scheme. Manages the common property, levies, scheme rules, and shared maintenance. Run by elected trustees.
- Levy
- The monthly contribution paid by each sectional title owner to the body corporate. Covers common property maintenance, scheme insurance, security, gardens, shared utilities, and the maintenance reserve fund. Does not include the unit-level municipal rates and utilities.
- HOA
- Homeowners Association. The equivalent of the body corporate in freehold estates and gated residential estates. Manages estate rules, shared infrastructure, levies, and architectural standards.
- Build phase
- The construction period of an off-plan unit. Runs from sale agreement signature to structural completion. Typically three to eighteen months for a Gauteng new development depending on the unit phase.
- Snag list
- The formal list of defects, workmanship issues, and incomplete items recorded by the buyer at the handover inspection on a new-development unit. The developer fixes every snag-listed item before the buyer takes final occupation.
- Patent defect
- A defect that is visible to a reasonable inspection. Patent defects are covered by the NHBRC three-month warranty from the date of occupation. Includes paint marks, tile chips, hinge alignment, plumbing fixture issues, electrical socket positioning.
- Occupation rental
- The rental paid by the buyer to the developer when occupation of an off-plan unit is taken before transfer registers at the deeds office. Set in the sale agreement, typically linked to prime interest rate on the purchase price.
- Transfer
- The registration of ownership at the deeds office. The buyer becomes the registered owner; the bond is registered simultaneously against the title deed. Takes four to twelve weeks from signature of transfer documents to registration.
- Title deed
- The legal document at the deeds office confirming ownership of immovable property. After transfer, the deed reflects the new owner and any bond registered against the property.
- Deeds office
- The government registry where ownership of immovable property and bonds against property are registered. Gauteng new developments register at the Pretoria Deeds Office.
- Bond initiation fee
- A once-off fee charged by the bank to initiate the bond. Typically R5,000 to R10,000 depending on the bank and the bond amount.
- Bond registration fee
- The conveyancer fee for registering the bond against the title deed. Sliding scale linked to the bond amount.
- Transfer fee
- The conveyancer fee for handling the transfer of the property. Sliding scale linked to the purchase price.
- Disbursements
- The out-of-pocket costs the conveyancer incurs and recovers from the buyer (deeds office lodgement fees, postage, search fees, rates clearance application).
- Rates clearance
- A municipal certificate confirming that all rates and services on the property are paid up to date. Required for transfer registration. In new developments, the rates clearance is for the development land prorated to the unit.
- OTP
- Offer to Purchase. See sale agreement.
- FFC
- Fidelity Fund Certificate. The licence issued to a registered estate agent in South Africa, valid for one year. Every active agent must hold a current FFC.
Have a term that is not on this list
Ask Dewald Kleyn directly. Africa Estate adds new terms to this glossary as buyer questions surface.