Welcome to Miltons Matsemela - The Conveyancers
17 Sep 2018


Dear all

Given the questions that have arisen from the recent changes to the Water By Law, we have prepared a special questionnaire which we propose, be added to your existing Property Condition Reports as a separate addendum IF the property falls within the City of Cape Town, to ensure that you as Agent, are protected against any allegations of non-disclosure by a purchaser.

NB – Bear in mind that you do have a duty under the Code of Conduct to share everything you know or reasonably should know, about a property, with a purchaser. It is our view, that the questions posed below, will ensure that you have canvassed these issues sufficiently to enable you to meet this duty of care.

You are welcome to download this additional questionnaire: here.


In the light of the recent changes to the Water By-Law Act of 2010 for properties that fall within the City of Cape Town the seller hereby declares as follows:

For Free Hold erven:

  1. Do you have a borehole/well/well point? ______
    1. If YES, is it registered with Council? ______
  2. If YES to main question 1. above, do you use if for DOMESTIC PURPOSES (i.e. to drink; cook or for ablution – i.e. Bathing; showering; washing and toilet)? ______
  3. If YES to 2 above:
    1. Does any of it run off into the City’s sewerage system? ______
    2. If YES to 3.1, do you have a meter installed to the City’s specifications to measure the amount of water thus used? ______
    3. If YES to 2. above, have you obtained consent from the City of Cape Town to use it for this purpose? ______
  4. If you have a pool do you have a pool cover? ______

For sectional title:

  1. If you are renting out the property, do you have a separate water meter installed to determine the use of your tenant’s water consumption? ______

Kind Regards,
Robert Krautkrämer

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