No clearance, no sale: What every seller must know about rates certificates
When selling your property, it is necessary for the conveyancer to obtain a rates clearance certificate (RCC) from the relevant local authority, or municipality, before transfer can be registered in the Deeds Office.
According to conveyancers and property Law attorneys at Abrahams & Gross, the RCC issued by the city council certifies that there are no outstanding funds due to the municipality at the time of the registration of transfer to the purchaser. This certificate is required under the Municipal Systems Act and must be lodged in the Deeds Office for registration. The Registrar of Deeds will not register the transfer of a property unless the conveyancer lodges a valid RCC along with other required documents at the Deeds Office.
Rates Clearance Figures
The conveyancer will make application to the city council for the issuing of rates clearance figures. Rates clearance figures are comprised of all arrears amounts for rates, taxes, electricity, water, sewerage, and refuse, as well as an advance payment covering a period of 60 days being the period of validity of the rates clearance certificate (municipality may require up to 120 days).
Whose responsibility is it to obtain a rates clearance certificate?
It is the seller’s responsibility to settle amounts due in order to obtain the RCC. Upon request, the seller must pay the conveyancer and not the city council directly. The conveyancer will then pay the city council to ensure that the payment is linked to the application number in respect of the transfer as well as for the purposes of expedition of the issuing of the rates clearance certificate.
Once the conveyancer has paid for and obtained the RCC, the seller’s account at the city council will be in credit and the seller will no longer be required make any further monthly payments to the city council prior to transfer.
Once registration of transfer has been completed, the conveyancer submits a refund form to the city council in respect of any credit that maybe be due to the seller. This usually occurs when the registration of transfer takes place prior to the expiration of the 60-day period. The city council can take approximately four to seven months to reconcile the seller’s and purchaser’s accounts and pay the refund.
This article is based on information provided by the Conveyancing and Property Law team at Abrahams & Gross. While care has been taken to ensure accuracy, the content is provided for general information purposes only and should not be regarded as legal advice. Always consult a qualified attorney for guidance on your specific circumstances.
