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THINKING OF BUYING A SECOND<br />
OR SUBSEQUENT HOME?<br />
BANKING INSTITUTIONS ACT NO 2 OF<br />
1998:<br />
As from 22 March <strong>2017</strong>, prospective<br />
home loan applicants of second or<br />
subsequent residential properties are<br />
required to pay a percentage of the<br />
purchase price or market value of the<br />
property as a deposit.<br />
The commercial bank providing the loan<br />
to the prospective buyer will nance the<br />
remaining percentage of the home loan.<br />
This is known as a Loan-to –Value ratio or<br />
LTV. For example: For the purchase of a<br />
second residential property, the LTV ratio<br />
is set at 80% of the purchase price or<br />
market value of the property. For<br />
instance, if the value of the second<br />
property is N$ 1 000 000-00, the bank will<br />
nance N$ 800 000-00 and the buyer will<br />
be expected to pay a deposit of 20%<br />
(N$ 200 000-00) upfront.<br />
These regulations are applicable to the<br />
following:<br />
1) Close Corporations where the member<br />
has more than 50% member's interest<br />
(Reg 2.4)<br />
2) Purchase of a non-primary residence<br />
(Reg 2.1)<br />
DR WEDER, KAUTA & HOVEKA INC<br />
LEGAL PRACTITIONERS NOTARIES CONVEYANCERS<br />
www.wkh-law.com<br />
These regulations are inapplicable to<br />
1) Members of a Close Corporation with<br />
50% or less member's interest in a CC<br />
2) Close Corporations with no single<br />
member having more than 50%<br />
member's interest,<br />
3) Commercial properties<br />
4) Agricultural land<br />
5) Purchase of a primary Residence<br />
6) Private and Public Companies<br />
7) Trusts<br />
The regulations are only applicable in<br />
Namibia. <strong>Property</strong> owners in<br />
neighbouring South Africa, for example,<br />
who apply for loans in Namibia are only<br />
examined on residential property owned<br />
in Namibia.<br />
A customer is only able to obtain a full<br />
mortgage loan once for the purchase of<br />
a primary residence and in all<br />
subsequent applications, the customer<br />
will have to disclose in such second loan<br />
application that he/she is living in a<br />
primary home.<br />
A banking institution may not disburse a<br />
loan for the purchase of a non-primary<br />
residential property if the deposit is<br />
nanced through:<br />
1) Equity resulting from the difference<br />
between the current value of the existing<br />
property of the customer and the amount<br />
owed on that property or-<br />
2) Any funds borrowed from any nancial<br />
institution, such as an existing overdraft<br />
facility to top up for the purchase of a<br />
secondary residential property.