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Property for sale in South Africa. A
good investment? Or fraught with risk?
President Thabo Mbeki’s announcement
that restrictions will be introduced on foreigner’s
property ownership in 2006 has sparked fresh debate around
the possible impact it may have on the South African economy,
especially foreign investment.
Restrictions on foreigners’ land ownership differ
markedly across countries .E.G Mexico and Chile don’t
allow foreigners to buy property near their borders. Only
foreigners living in Indonesia, and whose presence is seen
as beneficial to national development, can own property
there and they cannot own more than one property. Singapore
has similar restrictions.
In Thailand, foreigners buying vacant land
must invest $1m (excluding the purchase price) for a minimum
of five years in Thai government-authorized investments
(such as government bonds). In Switzerland, foreigners generally
cannot buy more than one property; their ownership is restricted
to tourist areas and large cities; and they are subject
to higher legal and transfer costs. In Australia, foreigners
buying vacant land have to begin construction within 12
months, and they cannot buy commercial property valued more
than AU$50m. |
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| In South Africa, a central motivation for
considering restrictions on foreigners’ land ownership
appears to stem from the concern that they may be pushing
up domestic property prices, thereby making property less
affordable to South Africans. This is particularly important
in support of the land reform programme and the broader
transformation process.
Foreigners may have had a bigger impact on
property prices in select prime locations, such as popular
tourist destinations. Therefore, insofar as there is a socio-political
desire to keep coastal areas affordable and accessible to
South Africans, constraints on foreigners’ purchases
in these areas may be plausible.
Further, by only imposing restrictions in
such areas, the South African authorities would substantially
temper fears that they are unreceptive to foreign capital
more generally and, indeed, property ownership would not
be to the total exclusion of foreigners. However, this should
be weighed against the additional administrative and regulatory
burden of more complex legislation and oversight mechanisms.
The government’s generally business-friendly
track record, however, does suggest a pragmatic approach
may ultimately be adopted. Critically also, given the global
prevalence of restrictions on foreign land ownership, the
mere introduction of such rules in South Africa should not
diminish the country’s relative attractiveness as
an investment destination. The detail of the restrictions
and the implementation process will be of immense importance,
especially insofar as confidence in application of the rule
of law and property rights is untainted.
“Caveat Emptor” Always consult
a property professional and take sound legal advice.
Coming soon in 2007 property for sale in
South Africa.
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