Occupation Certificates: Your Guide to Getting Them in South Africa

Why You Need an Occupation Certificate

Every property owner in South Africa should have a valid occupation certificate. This document verifies that your property is safe to live in. If you're buying a property, the seller may be required to provide one depending on the terms of the sale. Your conveyancer can help you navigate this process.

Who Issues Occupation Certificates?

Local municipalities are responsible for issuing occupation certificates. They may also be called "certificates of occupancy" or "use certificates."

Getting Your Occupation Certificate

The process for obtaining an occupation certificate can vary between municipalities because they have different bylaws. We'll look at the specific steps for Cape Town and Johannesburg as examples.

Cape Town

The City of Cape Town requires a new building to have an occupation certificate before anyone can move in. They aim to issue the certificate within 14 days of receiving a complete application.

Here's how to get an occupation certificate in Cape Town:

1. Apply online: You'll need to fill out an application on the City's e-Services portal and attach any required documents.
2. Required documents: These may include proof of compliance with electrical, ventilation, roof construction, structural systems, fire protection, energy efficiency, and any other standards that were considered when your building plans were approved.
3. Inspection and Issuance: The City will inspect the building to ensure it matches the approved plans. If everything meets their standards, they'll issue the occupation certificate.
4. Rejection: If your application is rejected, the City will provide you with an explanation.

Johannesburg

The City of Johannesburg offers a checklist on their website that outlines the documents and requirements needed for an occupation certificate: https://cpms.joburg.org.za/index.php?id=4

When You Need a New Certificate

If you make significant changes to your property, you may need to obtain a new occupation certificate along with updated building plans.

Buying a Property?

The sale agreement might specify that the seller needs to provide you with an occupation certificate. If so, the conveyancer can help the seller get a copy of an existing certificate or apply for a new one if it doesn't exist.

Remember:

Having a valid occupation certificate is crucial for property ownership in South Africa. This guide provides a starting point, but it's always best to consult with your local municipality for the most up-to-date information.