Your question
I bought a house 2022 in my offer to purchase says "voetstoots" then 2025 we had heavy rain my kitchen ceiling cave in. Once that open we could see alot of isaues with the house.we went to municipality got all documenta and previous owner his company did the building we even had to fix our living room roof, walls are not build to plan, the should have been rhino sheets and he put on tiles. Roof pitch was wrong and he did not tell us about anything. We are busy with case study now. But we have all the proof how he build but still he denies everything
The supplied sources do not state the legal effect of a “voetstoots” clause, whether a seller is liable for concealed building defects, or what claim may arise where a house differs from approved municipal plans. They therefore cannot establish liability against the former owner on the facts described. 13
If a property practitioner was involved, section 80 of the Property Practitioners Act requires the practitioner to obtain a completed, signed mandatory disclosure from the seller and give it to the prospective purchaser. The disclosure must be attached to the sale agreement; if it was not completed, signed or attached, the agreement must be interpreted as though no property defects or deficiencies were disclosed to the purchaser. A non-compliant property practitioner may be liable for an affected consumer’s loss or damage. This provision identifies possible consequences for the practitioner, not expressly for the seller. 3
The materials supplied do not establish that your property is a sectional-title scheme. If it is such a scheme and the issue concerns an extension under a reserved developer right, the developer must build strictly according to the specified documents, subject to changed circumstances making strict compliance impracticable; a prejudiced section owner may seek a court order for compliance or other relief, including damages. 26
The documents you obtained from the municipality, including approved plans and evidence of roof or wall materials, may be relevant evidence, but the supplied sources do not say what remedy follows from a departure from those plans. The only supplied building rule says that buildings in the Rehoboth regime must use baked or cement bricks, or material approved by the Kaptein; it does not address roof pitch, tiles versus Rhino sheets, seller disclosure, or damages. 1
Verified sources
Where this answer comes from
Registration of Deeds in Rehoboth Act 93 of 1976-Regulations 1976-2372
of the building to the Kaptein for approval. All buildings shall be built with baked or cement bricks or material approved by the Kaptein.
Sectional Titles Act 2 of 2009
and (c) the sectional plan of extension is deemed to be incorporated in the sectional plan registered in terms of section 12(1)(a), and thereupon section 13(1) and (2) applies with the necessary changes in respect of that sectional plan of extension. (19) A developer or his or her successor in title who exercises a reserved right referred to in subsection (1), or a body corporate exercising the right referred to in subsection (9), is obliged to erect and divide the building or buildings into sections strictly in accordance with the documents referred to in subsection (2), due regard being had to changed circumstances that would make strict compliance impracticable. (20) An owner of a section...
Property Practitioners Act 11 of 2024
(1) A property practitioner - (a) may not accept a mandate unless the seller or lessor of the immovable property has provided the property practitioner with a fully completed and signed mandatory disclosure in the prescribed form; and (b) must provide a copy of the completed mandatory disclosure form referred to in paragraph (a) to a prospective purchaser or lessee who intends to make an offer for the purchase or lease of immovable property. (2) The completed mandatory disclosure form signed by all relevant parties must - (a) be attached to any agreement for the sale or lease of immovable property and forms an integral part of that agreement, but if such a disclosure form was not completed,...
Rents Ordinance 13 of 1977-Regulations 1978-0010
(a) Situation City/Town Suburb Street Street number Name of dwelling/building Flat number Size of erf Erf number (b) Nature of dwelling (mark with X) Dwelling Flat Room Other (specify) (c) Size of dwelling (mark with X where applicable) Living room Living-dining room Dining room Bedrooms 1 2 3 4 5 6 Kitchen Pantry Bathroom One room only Other (specify) (d) Material of outer walls (mark with X) Burnt Brick Raw brick Cement brick Ash brick Iron and wood Wood Asbestos sheet Other (specify) *DELETE WHICH IS NOT APPLICABLE (e) Age of dwelling Date since first occupied (f) Municipal valuation Improvements R Land R Total R (g) Municipal rates annually (N.B.) Property rates Sanitary fees R (h) Fire...
Building Societies Act 2 of 1986-Regulations 1980-1039
(a) Number of storeys. (b) Detached or semi-detached. (c) Dwelling, shops, flats, etc. (d) Outside walls (brick, iron brick-lined, etc.). (e) Roof (iron, tile, thatch, etc.). (f) Floors (ordinary wood, parquet, tile, etc.). (g) Number of rooms other than k.p.b. (h) State whether k.p.b.
Sectional Titles Act 2 of 2009
(v) the parking areas; and (vi) the typical elevation of all buildings, are shown; (b) a plan to scale showing the manner in which the building or buildings to be erected are to be divided into a section or sections and any exclusive use areas; (c) a schedule indicating the estimated participation quotas of all the sections in the scheme after the addition to the scheme of the section or sections referred to in paragraph (b); (d) particulars of any substantial difference between the materials to be used in the construction of the building or buildings to be erected and those used in the construction of the existing building or buildings; (e) particulars of the applicable expenses specified i...