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There are no restrictions on foreign nationals investing
or buying real estate in South Africa. Indeed, for
generations, foreign nationals have been very active
in the real estate market in South Africa.
As will be discussed more fully later, property
in South Africa actually is known as or termed immovable
property
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The investment real estate market in South Africa has been
profitable for foreign nationals for years. There were some
tentative times directly after the end of Apartheid in that
country. However, as time has marched on from the period
of transition, foreign nationals have carried forth in their
investment in South African real estate -- immovable property
-- on many fronts.
By way of example, foreign nationals play a significant
role in the ownership of real estate or immovable property
in the commercial sector. Foreign nationals own everything
from office buildings to hotels and resorts.
There are no restrictions on the types of real estate that
a foreign national can invest in within South Africa
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Residential
Real Estate in South Africa - Single Family Properties |
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Many foreign nationals have taken to purchasing some fairly
high cost properties in South Africa. These men and woman
have purchased these costly residences to be used as second
homes and for holiday or vacation purposes. Many people
-- including a significant number of Europeans -- regularly
take extended holidays in South Africa. Since the end of
Apartheid, a greater number of people from across the globe
are taking to spending extended holidays in South Africa.
This includes an ever growing number of North Americans,
Canadians and U.S. citizens alike.
The single family dwelling market is fast moving and brisk
in many different areas of the country. Not only can foreign
nationals be found investing in these types of residences
in the more urban centers in the country, but they are making
purchase of these types of property in rural areas as well.
As will be discussed, many foreign nationals enjoy making
an extended holiday stay in South Africa (and have done
so for many years). Thus, many of these foreign nationals
have been interested and continue to be interested in buying
single family residences -- and at times very substantial
properties -- in urban and in rural regions of the country
where they can live for a portion of the year.
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Residential
Real Estate in South Africa - Apartments |
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Because of the high rate of foreign investment in all sectors
of the South African economy, many foreign nationals regularly
can be found purchasing apartments in the major urban centers
in that country. These foreign nationals find themselves in
country for more extended periods of time. These men and women
find the purchase of apartments to be an economical manner
in which they can provide themselves housing during their
time in South Africa on business.
There has also been a brisk business in the buying of apartments
in resort communities by foreign nationals. Many foreign nationals
are taking a two-pronged approach to buying apartments in
resort venues. First, they are using these properties for
their own holiday purposes. Second, they are letting out these
premises to other foreign nationals when they are not personally
using the property. Many foreign nationals have found that
they can make a tidy sum by renting or leasing an apartment
in a resort locale during that part of the year when they
are not personally in residence in the resort community apartment.
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For generations, Europeans and men and women from other
countries the world over have made South Africa a holiday
destination. Indeed, the history of people from Europe and
elsewhere around the world making long and extended holiday
stays within South Africa is long and legendary. As a consequence,
the market in vacation or holiday property in South Africa is well established.
For the foreign national interested in purchasing vacation
or holiday property in South Africa, the options and opportunities
in regard to such property is extensive and varied. A foreign
national has the ability to purchase anything from a high
priced villa in a trendy resort community to a snug and
tidy apartment in a sprawling urban setting to a lovely
chateau in a rural area in the country.
A number of foreign nationals have taken to investing in
different holiday and resort properties. Indeed, foreign
nationals have been active in the development of hotels,
apartments and free standing dwellings that are leased or
rented to people who have traveled to South Africa on holiday.
Overall, this type of investment has proven to be very lucrative
for many foreign nationals from different countries the
world over.
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When considering the options for a mortgage on your overseas
property there are a couple of choices to consider;
- Do you consider raising finance on your existing property
in the UK to cover the whole cost of your purchase abroad?
A good idea if the interest rate in the country in question
is a lot higher than it is here in the UK as you will
pay a lot less in monthly repayments.
- Do you secure a mortgage against the property from a
local bank in the country of purchase? This can be a wise
option especially if the interest rate is lower than our
current UK interest rate. Most overseas mortgage / bank
lenders will require upto 30% deposit on mortgages. However,
you will need to give some thought to how you will service
your mortgage payments each month especially if you are
not living or earning in that country as you may well
lose out on exchanging money each time to cover monthly
expenses. Check out our Foreign
Currency page to see how you can save money in this
example
- Some Builders and developers may well offer their own
mortgage facilities on their properties for sale. This
can be beneficial to both parties depending on the logistics
of the mortgage or loan facility. Always check and compare
with the two options above before making your final descision.
For more details on Mortgages
in South Africa visit our Mortgage page in the South Africa section.
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Specific
steps to buying real estate property in South Africa |
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In South Africa, the laws governing the buying and selling
of real estate actually are called laws governing the buying
and selling of immovable property or land. At the present
time, there are no restrictions on a foreign national buying
and owning real estate in South Africa. Indeed, foreign
nationals have bought and owned real estate -- immovable
property -- in South Africa for generations.
Generally speaking, the buying and selling of immovable
property or real estate in South Africa is governed by decisions
of the courts of that country. The one area in which statutory
law does play a role when it comes to buying and selling
real estate/immovable property in South Africa is in the
area of the ownership of mineral rights. When it comes to
mineral interests that might be underneath the surface of
a particular piece of property, that interest as a general
rule belongs to the "people of South Africa." In other words,
even though a foreign national may be able to buy real estate
in that country, more often than not a foreign national
will not be able to easily purchase a right to extract minerals
from that real estate. (Of course, a contract can be entered
into with the government that will grant an individual of
business the right and the ability to withdraw minerals
from underneath the surface of land.)
Because there are some tribes that exercise some degree
of local autonomy in South Africa, some foreign nationals
wonder what impact these more or less autonomous governing
authorities might have on their ability to purchase real
estate. Historically, local, tribal or customary law had
little impact on the buying and selling of property in
South Africa. However, in recent years, the national government
has given some recognition to parallel lines of authority
within the country. Therefore, if a foreign national is
interested in buying immovable property in an area that
is included within an autonomous, that foreign national
will need to make certain that he or she understands the
particular regulations in that area that might have an impact
on the purchase of real estate in that area. Because there
are so many different local variants that might come into
play depending on what region of the country a person is
considering investing in real estate in, it is impossible
to detail them all in this limited space. Therefore, a foreign
national who is interested in purchasing real estate in
South Africa will want to make certain that he or she has
access to very capable legal representation.
The underlying real estate purchasing process in South Africa
is simple when all is said and done. A tentative or preliminary
contract is entered into between the buyer and seller. As
in many other countries around the world, a deposit is made
upon the property by the purchaser. The amount of the deposit
is negotiated between the parties. Additionally, the terms
of under what conditions a deposit might be returned are
also negotiated between the parties to the agreement.
Following the execution of this preliminary contract, the
buyer will embark on his or her efforts to find appropriate
financing for the real estate. There are many different
mortgage lenders within South Africa that deal regularly
with a foreign clientele. With that said, it is also perfectly
permissible for a foreign national to obtain mortgage financing
from a firm located in that person's country of origin.
The government of South Africa is flexible as to where a
person obtains his or her financing to fund a real estate
or immovable property purchase in that country.
Once all of the requirements of the initial agreement have
been satisfied, a final agreement of sale and transfer of
immovable property is executed between the parties. It is
at this juncture, when this agreement is duly executed,
that ownership of the immovable property is transferred
from the seller to the buyer. With this conveyance, a new
title to the real estate is registered immediately with
governmental authorities.
Again, it is important to keep in mind that there might
be some slight variances in this procedure in some of the
more autonomous regions of the country. However, with the
assistance of capable legal counsel, a foreign purchaser
of immovable property or real estate in South Africa will
be able to maneuver through the legal requirements .
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