Property Law
Property Transfers and Conveyancing
Transferring immovable property in South Africa is done by a conveyancer (a specialised attorney) and registered in the Deeds Office. A typical transfer takes about three months from sale agreement to registration. The seller usually nominates the conveyancer; the buyer usually pays transfer costs.
Key facts
- Transfer duty applies to properties over R1 210 000 (2025/26 threshold) on a sliding scale; below that, none is payable.
- The sale agreement must be in writing and signed to be valid (Alienation of Land Act).
- Rates clearance and (in estates/sectional schemes) levy clearance certificates are required before lodgement.
- Registration in the Deeds Office transfers ownership — not payment or occupation.
The law that applies
- Alienation of Land Act 68 of 1981 — s 2(1) (formalities)
- Deeds Registries Act 47 of 1937 — ss 15–16
- Transfer Duty Act 40 of 1949 — ss 2–9
Practical steps
- Sign a written offer to purchase; ensure suspensive conditions (like bond approval) are clear.
- The conveyancer collects FICA, obtains clearances, and drafts transfer documents.
- Buyer pays transfer duty/costs; documents are lodged at the Deeds Office.
- Registration occurs 7–10 working days after lodgement; ownership passes on registration.
Frequently asked questions
Who pays the conveyancer — buyer or seller?
By convention the buyer pays transfer and bond registration costs, while the seller pays the estate agent's commission, bond cancellation costs and compliance certificates. The sale agreement can vary this.
How does this apply to your situation?
Ask LexiSA. It will gather your facts, apply the law above, and give you a cited assessment of your position — free.
Ask about property lawThis guide is legal information, not legal advice, and may not reflect amendments after its last review. For advice on your specific circumstances, consult a practising attorney.