Sell Your Home
FICA REQUIREMENTS
FIXTURES AND FITTINGS
In real estate, fixtures and fittings refer to items within a property that may or may not be included in the sale. The distinction between the two is important because it determines what stays with the property and what the seller can take when moving out.
Fixtures
Fixtures are items that are permanently attached to the property and are generally expected to be included in the sale. They are often affixed using screws, nails, cement, or plumbing connections.
Examples of fixtures:
- Built-in cupboards and wardrobes
- Kitchen units and countertops
- Bathroom sinks, toilets, and bathtubs
- Fixed light fittings and chandeliers
- Wall-mounted air conditioning units
- Central heating systems
- Fitted carpets (sometimes)
Fittings
Fittings are items that are not permanently attached and can usually be removed without causing damage. These are typically not included in the sale unless specifically agreed upon in the contract.
Examples of fittings:
- Freestanding furniture (e.g., sofas, tables, and chairs)
- Curtains and blinds
- Rugs and loose carpets
- Freestanding kitchen appliances (e.g., refrigerators, washing machines)
- Light shades and lamps
- Paintings and mirrors (unless fixed to walls)
Why Does It Matter?
Disputes can arise if buyers expect certain items to remain, but sellers take them upon moving. To avoid confusion, a fixtures and fittings list should be included in the sales agreement, specifying what stays and what goes.
DISCLOSURE ANNEXURE B
COMPLAINCE CERTIFICATES PROVIDED FROM THE SELLER
EXISTING PROPERTIES
Prior to the transfer the SELLER must provide the PURCHASER with the following certificates:
• Electrical Certificate
• Gas Certificate
• Beetle Certificate
• Solar Certificate
• Inverter Certificate
NEWLY BUILT HOMES
Prior to transfer the SELLER must provide the PURCHASER with the following certificates:
• NHBRC Enrolment Certificate (original) and NHBRC Builders Registration Certificate (copy);
• Plumbing Certificate;
• Solar Certificate;
• Inverter Certificate;
• Occupation Certificate.
BUILDING PLANS
There is a common misconception that building plans are needed only prior to the construction of a new home. Homeowners often overlook the fact that many alterations and improvements made to their home also require a building plan, which must be approved by the relevant Municipality. In most instances, a building plan is required when an alteration changes the structure of the building. However, one should be aware that a building plan may even be needed for additions that are done outside of the home itself but are located on the property, such as:
• Perimeter walls exceeding 1.8m (height is dependent on the municipality’s by-laws),
• Erection of new buildings such as a flatlet or garage,
• Retaining walls,
• Carports,
• Conversion of existing garage into a habitable room,
• Drainage alterations (applies to internal structures too.).
As a rule, any alteration or improvement that requires a foundation will require a building plan. You should contact your local municipality’s town planning department to check if a building plan is necessary, before starting with any alteration. Each municipality will have their own building regulation by-laws which will dictate when an approved building plan is necessary. These by-laws may be found on the municipality’s website.
Alternatively, one could contact a building professional to enquire about local building regulations. It is important to be aware of the cost attached to having a building plan approved. A fee will be charged by the professional (architect, draughtsmen or engineer) who is contracted to draw up the plan, as well as the municipality’s town planning department, where the plans will be submitted for approval.
The cost involved should not deter one from obtaining an approved building plan, as failure to have an updated and approved building plan may result in serious consequences, such as the demolition of the ‘illegal’ alteration, hefty fines or even prosecution. Although one might think that this happens only in extreme cases as building regulations may be poorly enforced, there are occasions where not having a building plan can have other severe consequences.
Insurances companies will not cover insurance claims to any improvements to the property, where there are illegal alterations or improvements (no approved building plans are in place). Again, it must be stressed that even if these illegal structures are not attached to the main (home) structure it will result in the invalidation of the entire claim for all improvements. Insurance companies will not pay for damages to the home even if the illegal structure is a perimeter wall. This is further compounded if there is a home loan on the property, as the owner will need to maintain bond repayments, irrespective of the house being damaged and the insurance company not being prepared to pay for repairs.
It is crucial for home owners to ensure that there is an approved building plan in place for all improvements to the property and that potential home buyers ask for a copy of an approved building plans when purchasing a home.