MAIN IMAGE: Marina Costas – director at BBM Law
Kerry Dimmer
For more than a century, the humble estate agent board has been one of the property industry’s most recognisable marketing tools. From handwritten wooden planks outside homes in the early 1900s to standardised, professionally printed signage and, later, branded plastic boards designed to stand out in competitive suburbs, the concept has barely changed. What has changed is not the board itself, but where it may legally be placed.
That distinction is now creating real conflict. One agent was instructed by a sectional title body corporate to remove her “For Sale” board near a complex entrance because it was considered unsightly and attracted unwanted attention. The sign stood on municipal land, which she believed entitled her to display it, yet the body corporate removed it anyway. To preserve working relations, she let the matter go, but similar disputes are becoming increasingly common, particularly in sectional title estates.
We asked Marina Costas, director at BBM Law, author of Demystifying Sectional Title, and founder of Women in Sectional Title, for legal clarification.
Q: What are the rules pertaining to the erection of ‘For Sale’ and ‘Sold’ boards?
In practice, ‘For Sale’ and ‘Sold’ boards are typically erected outside the boundaries of sectional title schemes, most often on land that falls within the jurisdiction of the local municipality. As a result, the placement and regulation of these boards are governed by municipal bylaws rather than by the conduct rules or management rules of the sectional title scheme itself.
This distinction is important because trustees and bodies corporate often assume they have authority over such signage. However, where the board is located on public or municipal land, the applicable legal framework is that of the relevant local authority, not the scheme’s internal rules.
Q: What are the municipal rules restricting the practice of erecting ‘For Sale’ and ‘Sold’ boards, and do these differ between local governments or councils?
Yes, municipal bylaws do regulate the erection, display, and removal of ‘For Sale’ and ‘Sold’ boards, and these rules do differ from one municipality to another. Each local authority has the power to enact its own signage bylaws, so compliance requirements can vary significantly by location.
By way of example, the bylaws applicable in the City of Ekurhuleni require that ‘For Sale’ signs be removed no later than three days after the completion of the sale, and ‘Sold’ signs shall be displayed for a period not exceeding 30 days after the completion of the sale. In contrast, the City of Johannesburg by-laws limit each estate agent to one ‘For Sale’ sign, which may be displayed for a period not exceeding 90 days.
In the City of Ekurhuleni, ‘For Sale’ and ‘Sold’ boards are to be placed within the boundary of the property being marketed or affixed to the boundary fence, subject to strict limitations on size, height, and the number of boards per street frontage. Residential estate agent boards may also be displayed on the sidewalk, but only to a maximum distance of one meter from the property boundary and must not obstruct pedestrian or vehicular traffic.
The City of Johannesburg’s bylaws similarly regulate the placement of estate agent signage and impose clear restrictions on where such boards may be displayed. Estate agent boards must generally be placed on or within the property being marketed or attached to a boundary fence and may not be erected on traffic islands, road medians, or other prohibited areas within the road reserve.
The bylaws further limit the number of boards per agency and prescribe time periods for which ‘For Sale’ and ‘Sold’ signs may be displayed. Non-compliant boards may be removed by the municipality, underscoring the importance of adhering to the applicable placement requirements.
Given these variations, it is essential that both owners and estate agents familiarise themselves with the specific bylaws applicable to the municipality in which the property is located. Failure to do so may result in non-compliance, fines, or the lawful removal of signage by the local authority.
Q: Purely from a sectional title perspective, can complexes remove boards outside of their perimeters or request that agents not mount them?
As a general rule, sectional title schemes do not have the authority to remove ‘For Sale’ or ‘Sold’ boards that are erected outside of the scheme’s perimeter, as these boards are not situated on common property. Any unilateral removal of compliant signage may expose the scheme to legal risk.
However, where a board has been erected in contravention of the applicable municipal by-laws, for example, if it exceeds size restrictions, has been displayed for longer than permitted, or is positioned unlawfully, the scheme may engage with the relevant estate agent or report the matter to the municipality. In such circumstances, the focus should always be on compliance with municipal regulations rather than internal scheme preferences.
Q: How can trustees tactfully approach the issue of estate boards?
In reality, it is not within the discretion of trustees to allow or disallow the mounting of estate agency boards that are placed on municipal land. Trustees cannot impose scheme rules on signage that falls outside the boundaries of the sectional title property.
What trustees can and should do, however, is ensure that they are well informed about the relevant municipal bylaws and that any boards erected near the scheme comply with those requirements. A tactful and effective approach is to engage constructively with estate agents by requesting confirmation that their signage complies with the applicable bylaws, rather than attempting to prohibit the signs altogether.
From a practical governance perspective, trustees are encouraged to establish a working relationship with a representative of the local municipality or council. Where estate agency boards are erected in contravention of municipal bylaws, it is the municipality, not the sectional title scheme, that has the authority to enforce compliance and remove unlawful signage. Having a designated council contact enables trustees to address noncompliant boards efficiently and lawfully, while avoiding unnecessary disputes or legal risk.
This approach promotes cooperation, avoids unnecessary disputes, and ensures that the scheme remains compliant with the legal framework governing public signage.
