Buyers and sellers should take note of the recent Government Regulations issued on the 1st of August this year in terms of the National Environmental Management Biodiversity Act 10 of 2004. This was said recently by Barry Fourie, National Training Manager at the Rawson Property Group. These regulations, said Fourie, are aimed at curbing the spread of alien vegetation in South Africa.
The regulations stipulate that when there is a change of ownership the seller must disclose to the purchaser in writing prior to the conclusion of a sale whether there are alien and invasive species on the property. The purchaser also has an obligation, however, as soon as he becomes the new owner to obtain a permit in his own name for any alien plant species on his property.
Buyers, said Fourie are, therefore, advised to enquire specifically about the possible presence on the property on which they intend to make an offer to purchase regarding the possible presence of alien plants. Furthermore, any reputable estate agent, he said, will ensure that he gets a signed seller’s disclosure document on the property that he has listed, fully addressing this issue.
“Buyers, sellers and estate agents are certainly not expected, nor do I believe it was the intention of the regulations, to be experts in all types of plant species,” said Fourie, “but if the seller is aware of alien plants being on his property he is now obliged by law to declare this to any prospective buyer. Buyers, for their part, also have a duty to inspect any property on which they are contemplating making an offer to see if it has any alien plants or indeed any other contentious issues.”
Should the property have invasive plant species and the seller declares these, the buyer could make it a condition of the sale that the invasive plants be removed by the seller before transfer of the property can go through.
Buyers and sellers, said Fourie, should contact a reputable estate agent or conveyancing attorney if they find they need further information or advice on this issue.
Barry Fourie can be contacted on 021 658 7100 or barry@rawsonproperties.com.
