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The License To Occupy Agreement is a crucial document in South African property law, designed for situations where temporary occupation rights are required without establishing a formal lease arrangement. This agreement type is commonly used for pop-up stores, temporary office spaces, educational facilities, or short-term commercial occupations. It provides a flexible framework that protects both the property owner's interests and the occupier's rights while maintaining compliance with South African property legislation, including the Prevention of Illegal Eviction Act and relevant constitutional provisions. The document typically includes detailed terms regarding the scope of occupation, duration, fees, maintenance responsibilities, and termination procedures, while explicitly preserving the owner's fundamental control over the property.

1. Parties: Details of the Licensor (property owner/controller) and Licensee (occupier), including full legal names, registration/ID numbers, and contact details

2. Background: Context of the agreement, nature of the property, and purpose of the occupation license

3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules for interpreting the document

4. Grant of License: Express terms of the occupation license, clearly stating this is not a lease and specifying the temporary nature of the right

5. Duration: Period of occupation, including start date and end date or termination conditions

6. Permitted Use: Specific purposes for which the property may be used and any restrictions on use

7. License Fee and Costs: Amount payable for the occupation right, payment terms, and responsibility for utilities and other costs

8. Obligations of the Licensor: Responsibilities of the property owner, including maintenance obligations and service provision

9. Obligations of the Licensee: Responsibilities of the occupier, including conduct rules, maintenance obligations, and compliance requirements

10. Insurance and Liability: Insurance requirements and allocation of risk between parties

11. Access and Security: Rules regarding access to the property, security arrangements, and key management

12. Termination: Circumstances under which the agreement can be terminated by either party and the process for termination

13. Notices: How formal communications between parties should be made and delivered

14. General Provisions: Standard legal clauses including governing law, whole agreement, and variation requirements