Buying Property in South Africa: The Transfer Process

The role of the conveyancer

A conveyancer is an attorney with an extra qualification to attend to the transfer of property. The conveyancer is usually appointed by the seller but acts to register the transfer correctly for everyone involved.

Transfers are registered at the Deeds Office under the Deeds Registries Act 47 of 1937, which keeps the official record of who owns each property.

Transfer duty and other costs

Transfer duty is a tax payable to SARS on the transfer of property above a certain value, under the Transfer Duty Act 40 of 1949. The conveyancer calculates it and pays it over so that transfer can proceed.

Buyers usually also pay conveyancing fees and Deeds Office costs. If a bond is involved, a separate bond attorney registers the bond, with its own costs.

FICA and verifying the parties

The conveyancer must verify the identity and details of the buyer and seller under the Financial Intelligence Centre Act 38 of 2001, known as FICA.

You will be asked for documents such as proof of identity and address. This is a legal requirement and helps prevent fraud.

The main steps of a transfer

• Your offer to purchase is accepted and becomes a binding sale agreement.
• The conveyancer is instructed and verifies the parties under FICA.
• Clearance figures and certificates are obtained, such as rates and levies.
• Transfer duty is paid and the documents are signed by buyer and seller.
• The documents are lodged at the Deeds Office for examination.
• On registration, ownership passes to you and the price is paid to the seller.

How long it takes

A transfer commonly takes a number of weeks from instruction to registration, depending on clearances, bond approval and the Deeds Office.

Delays often come from outstanding documents or clearance figures, so responding quickly to your conveyancer helps keep things moving.