Watch out for restrictions on your property

Buying a home is exciting – but, if you failed to ask the right questions before you bought, it can be terribly disappointing to discover that you cannot build your dream deck or open your boutique coffee shop because of certain property restrictions or zoning laws.

Before you fall head-over-heels for a property, Adrian Goslett, regional director and CEO of RE/MAX of Southern Africa recommends that buyers check for restrictions in the title deed and find out about the local zoning rules. “Knowing this upfront ensures that your purchase remains exciting without any unwanted surprises that could throw your plans off course,” he notes.

To help buyers understand what to look out for, RE/MAX of Southern Africa explains some of the common restrictions that might impact a homeowner’s future plans…

Title Deed Conditions

Before purchasing a property, it’s crucial to review the title deed for any such restrictions. Common restrictive conditions include:​

• Prohibitions on subdividing the land
• Limitations on building heights (e.g., no more than two storeys)
• Requirements for specific architectural styles or roof types
• Mandates on exterior colours and materials (especially in complexes governed by a Body Corporate or HOAs)
• Coverage limits, such as only 50% of the stand may be built upon​

Zoning Regulations

Zoning laws categorize land into zones like residential, commercial, industrial, agricultural, and open space. Each zone has specific regulations concerning land use, building types, densities, and other development parameters. Municipalities maintain zoning maps and schemes that detail these regulations. If you are hoping to change the home into a business or attempt to create a sectional title out of a large stand, it’s advisable to consult the local municipality or a town planner to understand the zoning applicable to your property and how this might impact your plans.

Servitudes

Servitudes are registered against the property’s title deed and are binding on successive owners. It’s essential to be aware of them, as they can greatly affect property use. A servitude is a legal right granted to a third party to use a portion of your property for a specific purpose, such as:​

• Right of way for access
• Installation and maintenance of utility lines
• Water extraction rights​

In some cases, the restrictions can be altered or removed. For title deed conditions, an application can be made to the High Court to have restrictive conditions removed or amended. This process requires demonstrating that the removal won’t negatively impact the surrounding community. For zoning changes, applications can be submitted to the local municipality and involve public participation. Approval is not guaranteed and depends on various factors, including compliance with municipal development plans.

“When purchasing a property, you can include a clause in the Offer to Purchase that makes the sale contingent upon the successful removal or amendment of specific restrictions,” Goslett states.

Whether you choose to go ahead with the purchase or not, the important thing is that you do not enter into a property transaction blindly. “Understanding the various restrictions that may apply to a property is crucial for any buyer. Consulting with legal professionals, town planners, and your local agent can provide clarity and will hopefully help to avoid buyer’s remorse later down the line,” Goslett concludes.

Issued by: Kayla Ferguson