Posts Tagged ‘Property In South Africa’

Overview

There are no restrictions on foreign nationals investing or buying real estate in South Africa. Indeed, for generations, foreign nationals have been very active in the real estate market in South Africa.

As will be discussed more fully later, real estate in South Africa actually is known as or termed immovable property

Investment Property in South Africa

The investment real estate market in South Africa has been profitable for foreign nationals for years. There were some tentative times directly after the end of Apartheid in that country. However, as time has marched on from the period of transition, foreign nationals have carried forth in their investment in South African real estate — immovable property — on many fronts.

By way of example, foreign nationals play a significant role in the ownership of real estate or immovable property in the commercial sector. Foreign nationals own everything from office buildings to hotels and resorts.

There are no restrictions on the types of real estate that a foreign national can invest in within South Africa

Residential Real Estate in South Africa – Single Family Properties

Many foreign nationals have taken to purchasing some fairly high cost properties in South Africa. These men and woman have purchased these costly residences to be used as second homes and for holiday or vacation purposes. Many people — including a significant number of Europeans — regularly take extended holidays in South Africa. Since the end of Apartheid, a greater number of people from across the globe are taking to spending extended holidays in South Africa. This includes an ever growing number of North Americans, Canadians and U.S. citizens alike.

The single family dwelling market is fast moving and brisk in many different areas of the country. Not only can foreign nationals be found investing in these types of residences in the more urban centers in the country, but they are making purchase of these types of property in rural areas as well. As will be discussed, many foreign nationals enjoy making an extended holiday stay in South Africa (and have done so for many years). Thus, many of these foreign nationals have been interested and continue to be interested in buying single family residences — and at times very substantial properties — in urban and in rural regions of the country where they can live for a portion of the year.

Residential Real Estate in South Africa – Apartments

Because of the high rate of foreign investment in all sectors of the South African economy, many foreign nationals regularly can be found purchasing apartments in the major urban centers in that country. These foreign nationals find themselves in country for more extended periods of time. These men and women find the purchase of apartments to be an economical manner in which they can provide themselves housing during their time in South Africa on business.

There has also been a brisk business in the buying of apartments in resort communities by foreign nationals. Many foreign nationals are taking a two-pronged approach to buying apartments in resort venues. First, they are using these properties for their own holiday purposes. Second, they are letting out these premises to other foreign nationals when they are not personally using the property. Many foreign nationals have found that they can make a tidy sum by renting or leasing an apartment in a resort locale during that part of the year when they are not personally in residence in the resort community apartment.

Holiday Property in South Africa

For generations, Europeans and men and women from other countries the world over have made South Africa a holiday destination. Indeed, the history of people from Europe and elsewhere around the world making long and extended holiday stays within South Africa is long and legendary. As a consequence, the market in vacation or holiday real estate in South Africa is well established.

For the foreign national interested in purchasing vacation or holiday property in South Africa, the options and opportunities in regard to such property is extensive and varied. A foreign national has the ability to purchase anything from a high priced villa in a trendy resort community to a snug and tidy apartment in a sprawling urban setting to a lovely chateau in a rural area in the country.

A number of foreign nationals have taken to investing in different holiday and resort properties. Indeed, foreign nationals have been active in the development of hotels, apartments and free standing dwellings that are leased or rented to people who have traveled to South Africa on holiday. Overall, this type of investment has proven to be very lucrative for many foreign nationals from different countries the world over.

Specific steps to buying real estate property in South Africa

In South Africa, the laws governing the buying and selling of real estate actually are called laws governing the buying and selling of immovable property or land. At the present time, there are no restrictions on a foreign national buying and owning real estate in South Africa. Indeed, foreign nationals have bought and owned real estate — immovable property — in South Africa for generations.

Generally speaking, the buying and selling of immovable property or real estate in South Africa is governed by decisions of the courts of that country. The one area in which statutory law does play a role when it comes to buying and selling real estate/immovable property in South Africa is in the area of the ownership of mineral rights. When it comes to mineral interests that might be underneath the surface of a particular piece of property, that interest as a general rule belongs to the “people of South Africa.” In other words, even though a foreign national may be able to buy real estate in that country, more often than not a foreign national will not be able to easily purchase a right to extract minerals from that real estate. (Of course, a contract can be entered into with the government that will grant an individual of business the right and the ability to withdraw minerals from underneath the surface of land.)

Because there are some tribes that exercise some degree of local autonomy in South Africa, some foreign nationals wonder what impact these more or less autonomous governing authorities might have on their ability to purchase real estate. Historically, local, tribal or customary law had little impact on the buying and selling of real estate in South Africa. However, in recent years, the national government has given some recognition to parallel lines of authority within the country. Therefore, if a foreign national is interested in buying immovable property in an area that is included within an autonomous, that foreign national will need to make certain that he or she understands the particular regulations in that area that might have an impact on the purchase of real estate in that area. Because there are so many different local variants that might come into play depending on what region of the country a person is considering investing in real estate in, it is impossible to detail them all in this limited space. Therefore, a foreign national who is interested in purchasing real estate in South Africa will want to make certain that he or she has access to very capable legal representation.

The underlying real estate purchasing process in South Africa is simple when all is said and done. A tentative or preliminary contract is entered into between the buyer and seller. As in many other countries around the world, a deposit is made upon the property by the purchaser. The amount of the deposit is negotiated between the parties. Additionally, the terms of under what conditions a deposit might be returned are also negotiated between the parties to the agreement.

Following the execution of this preliminary contract, the buyer will embark on his or her efforts to find appropriate financing for the real estate. There are many different mortgage lenders within South Africa that deal regularly with a foreign clientele. With that said, it is also perfectly permissible for a foreign national to obtain mortgage financing from a firm located in that person’s country of origin. The government of South Africa is flexible as to where a person obtains his or her financing to fund a real estate or immovable property purchase in that country.

Once all of the requirements of the initial agreement have been satisfied, a final agreement of sale and transfer of immovable property is executed between the parties. It is at this juncture, when this agreement is duly executed, that ownership of the immovable property is transferred from the seller to the buyer. With this conveyance, a new title to the real estate is registered immediately with governmental authorities.

Again, it is important to keep in mind that there might be some slight variances in this procedure in some of the more autonomous regions of the country. However, with the assistance of capable legal counsel, a foreign purchaser of immovable property or real estate in South Africa will be able to maneuver through the legal requirements.

Property Abroad always recommends using a Solicitor or Lawyer.

Les Calvert – the Director of http://www.property-abroad.com often writes articles and information on the overseas property market. Visit their site with useful information and properties for sale in South Africa http://www.property-abroad.com/south-africa.

Author: Les Calvert
Article Source: EzineArticles.com
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Contrary to belief, there are various options in which to hold property. The extent and type of property investment, one wishes to have is largely determined by the level of personal involvement during the life span of the investment, as well as the reason for the investment. Owning property for the purposes of renting to third parties may require substantial personal involvement as apposed to investing in a holiday home. For the average person in South Africa, property investment means obtaining a physical shelter for their families. Some investors may be interested in property due to its capital growth component as well as its ability to generate attractive yields and returns over time. For others it may be to pursue non financial objectives, such as being able to control a tangible asset. Thus before one decides to invest in property one needs to clearly define the reasons behind the investment. Furthermore, from an investment perspective considerations of ownership tax and management issues are of vital importance. This decision needs to be considered carefully as shifting from one type of ownership to the next may be very costly. The property conveyancing process is a lengthy process which one would not like to encounter more frequent than necessary. In this newsletter we discuss the most prominent ways in which investors can hold property in South Africa

Freehold Ownership:
This is by far the most common form of ownership in South Africa. It implies the owner holds direct title over the property. Ownership would be registered in the deeds office in the name of the owner. Freehold property may be owned by both companies and individuals alike. The advantage of this type of ownership is that the owner has maximum control over his/her investment and may dispose of the property as they wish. Ownership in this form also means the property may be used as security to obtain loans and finances.

Leasehold:
Leasehold, also referred to as renting property does not give ownership to the tenant, however throughout the duration of the lease or rental agreement, the lessee (person who pays rent for the property) will enjoy virtually the same benefit as in the case of freehold above. It allows them to use and occupy the property for the duration of the agreement. The tenant pays over a monthly agreed rental to the landlord (Lessor) which entitles them to stay in the property. There are various types of lease agreements which include short term rentals, long term rentals or even rentals structured with the option to buy the property. Often the Landlord will have a very important right called a “tacit hypothec” included in the rental agreement, which entitles him to take possession of movable goods in the rented premises should the tenant or lessee not be able to pay their rent timelessly. Rental agreements are good options to consider for individuals who may not qualify for mortgage bonds as well as those who do not wish to settle permanently at a particular residence. Money paid out is money lost, thus this may not be a long term profitable investment vehicle.

Sectional Title
Under Sectional Title, there are several owners owning different sections of property. An example would be owners of townhouses and clusters all built on the same portion of land, albeit in various sections. Each owner has exclusive ownership of his own section as well as shared ownership in the communal property such as the swimming pool, clubhouse and staircases. Sectional Title in South Africa is regulated through the Sectional Titles Acts No 95 of 1986. The Act requires that a Body Corporate be created to govern the interest of the various owners. The Body Corporate collect levies, pays rates and taxes, insurance and maintenance expenses.

Syndication
This refers to the grouping together of individuals to pool finances in order to invest in property. Syndication provides the small investor with an opportunity to invest in a specific property which would otherwise not have been possible considering the size of the total capital outlay.

Property Companies:
Property companies are similar to the above however more formalized in the form of a company specifically established for the purpose of owning property. Under this type of ownership, a company is established in terms of the Company Act 61 of 1973. These are largely institutions and individuals who form these companies and use them as intermediary vehicles to invest in property. For the investor, a property company offers the advantage of it being a separate legal entity which has distinct liability from its shareholders. Property companies tend to be large entities that are mostly listed on the Stock Exchange.

Share block Companies
A share block company is similar to the above, however it is governed by the Share block Control Act 59 of 1980. These are specifically formed companies with shareholders each owning a share in the company. Income is taxed in the hands of each individual shareholder, thus making it a convenient vehicle for investors who wish to invest in property, allowing each to have their own tax profile. Owning a share in the property entitles to use and occupy the share of property they own. The rights are stipulated in the memorandum and articles of the share block company. A variant of this form of ownership would be Fractional Title, normally associated with owning a fraction of a holiday home. This form of ownership is also governed by the Share block Act alongside the Sectional Title Act. The difference is that Fractional Title has a management company setting up a defined roster for the scheduled periods of usage throughout the year, whilst usage is informally discussed with shareholders of a share block company.

Timesharing
Unlike the above discussed forms of ownership, owning timeshare is much like Fractional ownership, however it only entitles the owner to usage for a week or more of a particular unit. This is applied primarily to holiday accommodation. Timeshare in South Africa is governed by the Timesharing Contract Act, Act 75 of 1983. Beware of falling for the “Timeshare trap”. Owning timeshare does not equate to holding property, it merely entitles the holder to usage rights for a specific week/s during the year. Furthermore Timeshare in South Africa does not have a good reputation and thus sales agents will often use aggressive selling tactics to lock people into buying timeshares. This is particularly evident along the Durban coastal beaches and holiday resorts such as Sun City. Timeshare is often associated with accommodation establishments which are of lower quality. Exchanging weeks across resorts is also often difficult since it is subject to availability at the particular resort. It will also be very difficult to get rid of the purchased timeshare depending on the weeks during the year purchased, in the meantime levies will still have to be serviced.

Listed Property Investments
There are various ways in which one can invest in property indirectly without having to physically hold the property. This includes Property Unit Trusts, Property Loan Trusts, Investment Trusts and Collective Investment Schemes. Listed property investments are listed on the Johannesburg Stock Exchange and traded similar to equity stocks. As this topic is voluminous, it will be discussed further in future newsletters. It is however important to note that one can invest in property stocks listed on the stock exchange thus capitalizing on trading movements.

From the above it is thus essential that the property investor pays careful attention to the type of property ownership that they wish to use before investing in property. This need to be considered thoroughly since shifting from one property investment vehicle to another may be costly. It is vital to do all the necessary investment research, with focus on the macro economy, property sector performance as well as specific property funds, trusts or companies one wishes to invest in. Holding exclusive freehold title to property is not the only form of investment. As listed below there are various property investment types that can be considered which may also produce generous yields. The secret to building a healthy property portfolio however exists in firstly ensuring ownership to your primary residence is secured and you have the necessary Title deeds to show. Thereafter the playing field is diverse and hungry for new investors to participate.

Luciel Steele
MANFACT PROPERTIES
P.O.Box 61301
Marshalltown
Johannesburg
2107
T: +27 11 855 5371
C: +27 73 817 1127
F: 086 670 6064
E: lucielsteele@manfact.co.za
Skype: MANFACT

Author: Luciel Steele
Article Source: EzineArticles.com
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