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Transfer of the area

Area or volume can be transferred between adjacent properties without the area being created as a separate property. Land transfer can be used where a property is to transfer land larger than 500 square meters to an adjoining property. Terratec knows the requirements and can help with the application process.

In the case of land transfer, the Planning and Building Act places the same requirements on the "changed" properties as on the creation of new property by division. The bottom line is that properties that are unsuitable for housing need not be created.

As stated in section 15 of the Matriculation Act and section 33 of the Matriculation Regulation, before an area transfer can take place, the following must be in place:

  • There must be a declaration from the mortgagee of the mortgage lapse
  • When transferring land between two properties with different owners, there must be a declaration of land transfer. The declaration must contain information on the purchase price and value for calculating the document fee
  • When transferring land between agricultural properties, consent must be given in accordance with section 12 of the Land Act
  • Where the properties involved have different home gardens, there must be licensing decisions or self-declaration of licens