What Is Conveyancing?

Conveyancing is the legal process of transferring ownership of land or property from one person to another. In South Africa, conveyancing is a regulated profession overseen by the Legal Practice Council (LPC)—only registered conveyancers (licensed by the Law Protection Committee under the Attorneys Act 53 of 1979, Section 15) can conduct conveyances. The conveyancer manages the sale agreement, financial checks (FICA), payment of transfer duties, lodgement at the Deeds Office, and registration of the property in the new owner's name. A typical conveyance takes 8–12 weeks and costs 1–2% of the property value (fees paid by both buyer and seller, negotiable).

What Conveyancing Covers

Conveyancing encompasses the entire legal transfer process from sale agreement to registration:

1. Preparation and review of the sale agreement (contract between buyer and seller)
2. FICA compliance (verifying buyer and seller identity, source of funds, beneficial ownership)
3. Rates and tax clearance (confirming property has no municipal debt)
4. Transfer duty calculation (tax on property transfer; threshold ~R1 million property value as of 2026)
5. Lodgement at the Deeds Office (formal application to register ownership)
6. Deeds Office communication (liaising with Deeds Registrar to resolve queries)
7. Registration (new owner's name entered in the Deeds Register)
8. Delivery of title deed (registered document proving ownership)

Why Is a Conveyancer Required?

South African law (Attorneys Act 53 of 1979, Section 15) requires a registered conveyancer to transfer immovable property. You cannot convey property yourself, even if you're an attorney or accountant. Only conveyancers, who've completed specialised training and passed the LPC's Conveyancing Examination, have this exclusive right.

Reasons for this restriction:

• Deeds Office requirements: The Deeds Registrar only accepts lodgements from registered conveyancers. Documents from non-conveyancers are rejected.
• Professional indemnity: Conveyancers carry insurance covering errors, fraud, or negligence. This protects buyers and sellers.
• Consumer protection: LPC regulates conveyancers, investigates complaints, and can suspend or strike off misconduct. You have recourse if a conveyancer fails.

Bottom line: Hiring a conveyancer is legally mandatory; there's no DIY option.

The Conveyancing Process: 8–12 Weeks

Phase 1: Agreement (Weeks 1–2)

The buyer and seller agree on price, terms, and conditions. A conveyancer or estate agent typically drafts the Offer to Purchase (sales agreement). Both parties sign, and the offer becomes binding.

Key clauses in the agreement:

• Purchase price
• Transfer date (when new owner takes ownership)
• Conditions precedent (contingencies): e.g., "subject to buyer obtaining finance"
• Suspensive conditions: e.g., "transfer suspended until bank approves the bond"
• Penalty clauses: consequences if buyer or seller breaches

Conveyancer's role: Reviews agreement for legal defects, advises on risky terms, ensures compliance with consumer protection laws.

Phase 2: FICA and Due Diligence (Weeks 1–4)

Once the agreement is signed, the conveyancer initiates FICA checks (Financial Intelligence Centre Act 38 of 2001).

FICA verification includes:

• Buyer and seller identity: Valid ID, passport, or company registration
• Source of funds: Where did the buyer's money come from? Bank statements, proof of employment, inheritance letter (if inheritance), loan approval letter (if bond)
• Beneficial ownership: If buyer is a trust, company, or close corporation, identify the real owner behind it
• Sanctions checks: Confirm buyer/seller isn't on a sanctions list (OFAC, UN, etc.)
• Tax compliance: Confirm no tax debt (SARS check)

Why FICA? South Africa combats money laundering and terrorist financing. Banks, conveyancers, and estate agents must verify parties before large transactions.

If FICA fails: Conveyancer cannot proceed. Transaction falls through (unless issues are resolved).

Timeline: 3–7 days (can extend if buyer's documents are slow).

Phase 3: Searches and Clearance Certificates (Weeks 2–6)

The conveyancer conducts searches to confirm the property is free of encumbrances and the seller has clear title:

Title search: At the Deeds Office, the conveyancer confirms:

• Seller is registered owner
• No competing claims or liens on the property
• Mortgage (bond) details and lender
• Servitudes (rights granted to others, e.g., easement for utility lines)
• Restrictive covenants (limitations on use, e.g., "no business activity")

Rates and tax clearance: The conveyancer requests a Municipal Clearance Certificate from the local municipality confirming:

• No outstanding rates or taxes on the property
• No breach of building regulations
• No illegal structures

If clearance is refused: The seller must pay outstanding debt before transfer can proceed.

Bond clearance: If the seller has a mortgage, the conveyancer confirms the lender will release the bond (discharge the mortgage) on or before transfer date. Buyer's bond lender must be satisfied the property is free of competing claims.

Sectional title (if apartment): For apartments or townhouses, the conveyancer obtains:

• Body Corporate's financial statements (confirming no arrears in levies)
• Body Corporate rules and meeting minutes
• Confirmation of sectional title status (no disputes)

Timeline: 2–4 weeks (searches are slow; Deeds Office and municipalities respond slowly).

Phase 4: Finance and Bond (Weeks 2–8)

Buyer arranges finance (if not paying cash). Conveyancer liaises with the bond lender (bank or finance company):

• Bond registration: Conveyancer ensures the bank's mortgage is registered at the Deeds Office
• Bond conditions: Lender approves the property and value
• Proof of funds: Conveyancer confirms funds (from bank or buyer's account) are available for transfer

If buyer doesn't get bond approval: Transaction may fall through (unless the "suspensive condition" in the agreement is waived). Some agreements allow the buyer 30 days to secure finance; if failed, buyer can withdraw.

Timeline: Depends on bank's speed. Large banks take 4–8 weeks; some smaller lenders faster.

Phase 5: Transfer Duty and Payment (Weeks 6–10)

Transfer duty is a tax on property transfers. The conveyancer:

1. Calculates transfer duty based on purchase price:

   • Threshold (2026): No transfer duty on first R1,000,000 of purchase price
   • Above R1M: Progressive rates up to 13% on amounts exceeding R2 million
   • Calculation example: R1.5M property → R500K above threshold → ~5% = R25K transfer duty

2. Applies for transfer duty waiver or payment with SARS (if below threshold)

3. Arranges payment from buyer's funds (due before transfer is registered)

4. Confirms SARS approval before Deeds Office registration

Conveyancer's role: Calculates, applies, collects payment, and ensures SARS clearance.

Timeline: 2–4 weeks (SARS responds slowly).

Phase 6: Lodgement at Deeds Office (Weeks 8–10)

Once all documents are in order (FICA cleared, searches completed, transfer duty approved, funds available), the conveyancer lodges the transfer documents at the Deeds Office:

• Transfer deed (formal document transferring ownership, signed by seller or seller's conveyancer)
• Buyer's details and new title information
• Lender's mortgage document (if bond applies)
• SARS transfer duty clearance
• Municipal clearance
• Power of attorney (if seller is not present to sign)

Deeds Office processes:

• Registrar checks all documents for defects
• If defects found: Registrar issues Requisition (list of corrections needed)
• Conveyancer corrects and resubmits

If major defects: Can delay transfer 2–4 weeks.

Timeline: 2–4 weeks (Deeds Office is slow; backlogs vary by region).

Phase 7: Deeds Office Requisition and Resolution (Weeks 8–12)

Often the Deeds Registrar finds issues and issues a Requisition:

Common requisitions:

• "Description of property doesn't match survey;" "Property survey is outdated (over 5 years old)"
• "Seller's signature on deed differs from signature on ID"
• "FICA information incomplete; need additional documents"
• "Body Corporate hasn't confirmed sectional title status"

Conveyancer's role: Liaises with Deeds Office, obtains corrected documents, resubmits.

Timeline: 1–4 weeks per requisition (can be multiple rounds).

Phase 8: Registration and Completion (Weeks 10–12)

Once all requisitions are resolved and Deeds Registrar approves, the property is registered in the buyer's name. The new owner receives:

• Title deed (original registered document, proving ownership)
• Transfer papers (copies for records)
• Final conveyancing account (itemised bill of all costs)

Transfer complete. Buyer is now the legal and registered owner.

Costs and Fees

Buyer's Costs

• Conveyancer's fee: 1–1.5% of purchase price (negotiable)
• Transfer duty: 0–13% depending on price (0% up to R1M; progressive rates above)
• Bond registration fee: ~R500–R1,000 (if using bond lender's attorney)
• FICA checks and searches: ~R300–R500
• Deeds Office registration fee: ~R200–R400

Example (R2 million property with R1.6 million bond):

• Conveyancer: 1% = R20,000
• Transfer duty: ~5% = R50,000
• Bond registration: R800
• Searches and FICA: R400
• Deeds registration: R300
• Total: ~R71,500 (~3.6% of purchase price)

Seller's Costs

• Conveyancer's fee: 0.5–1% (negotiable; less than buyer's)
• Transfer duty: 0% (seller doesn't pay transfer duty; buyer does)
• Bond settlement: If seller has mortgage, bank may charge ~R500–R1,000 early repayment

Example (R2 million sale with R1 million bond):

• Conveyancer: 0.75% = R15,000
• Bond settlement: R750
• Total: ~R15,750 (~0.8% of sale price)

Who Pays?

Typically:

• Buyer pays: Transfer duty, bond registration, Deeds Office fees, buyer's conveyancer
• Seller pays: Seller's conveyancer, bond settlement (if any)
• Both negotiate: Buyer/seller conveyancer split (usually 50/50 or buyer pays 1%, seller 0.5%)

Note: Negotiable. In a slow market, seller may pay buyer's costs as incentive. In a hot market, buyer pays full freight.

Role of the Conveyancer

Conveyancers are not lawyers (though many are), but specialised property transfer professionals regulated by the LPC. Their duties include:

1. Pre-transfer advice: Review sale agreement, advise on risks
2. FICA and compliance: Verify parties, conduct sanctions checks
3. Property investigation: Title search, encumbrances, liens, servitudes
4. Financial management: Collect funds, pay transfer duty, manage escrow accounts
5. Deeds Office liaison: Lodgement, requisition resolution, registration
6. Risk management: Professional indemnity insurance covers errors

Conveyancers are not allowed to:

• Give general legal advice (use a lawyer for non-conveyancing legal matters)
• Manage disputes (if buyer and seller clash, lawyer or mediator handles)
• Conduct litigation

Common Mistakes to Avoid

1. Using an unregistered "conveyancer": Some fraudsters pose as conveyancers but aren't registered with the LPC. Always verify registration at lpc.co.za/register. Using an unregistered person is illegal and exposes you to fraud.

2. Not checking the title deed: Before agreeing to buy, insist the seller's conveyancer provides a Title Report showing the property is unencumbered. Hidden liens or restrictive covenants can ruin your plans.

3. Delaying FICA: Start FICA checks immediately after the agreement is signed. Delays at the last minute can blow up the deal.

4. Assuming transfer duty is included in the purchase price: Many buyers are shocked to learn they owe R50,000+ in transfer duty. Budget 1–3% extra for transfer costs.

5. Requesting the title deed before Deeds Office registration: You only get the title deed after registration. Conveyancer holds all documents until completion.

6. Not disclosing liabilities: If you're selling a property with a bond, disclose the bond balance to the buyer upfront. Hidden debts can tank the sale.

7. Using the wrong conveyancer: Some conveyancers are slow or make errors. Ask for references. Cheap isn't always good; a R500 saving isn't worth a failed transfer.

Conveyancer vs. Estate Agent vs. Lawyer

Bottom line: You must hire a conveyancer. Lawyer is optional (helpful for complex transactions or disputes). Estate agent is optional (helps with marketing and negotiation, not transfer).

For more on this topic, see what an attorney does.

For more on this topic, see becoming a lawyer.

For more on this topic, see power of attorney.

When to Consult an Attorney

Consult a lawyer if:

• You're buying or selling with unusual terms (e.g., seller financing, delayed transfer)
• There's a dispute (e.g., buyer fails to pay, seller won't transfer)
• The property has complex title (e.g., shares in a company, beneficial ownership questions)
• Restrictive covenants or servitudes are concerning
• You're buying a sectional title with Body Corporate disputes

For routine conveyancing: Conveyancer is sufficient; lawyer isn't needed.

Related Questions

• How to get power of attorney
• What is power of attorney in South Africa
• How does small claims court work in South Africa

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Disclaimer: This answer is for informational purposes only and does not constitute legal advice. Conveyancing fees, transfer duty rates, and Deeds Office timelines vary by province and individual circumstances. Consult a registered conveyancer for specific costs and timelines. About the Author: This answer was prepared by the Justibly Legal Research Team, reviewed for accuracy by practising attorneys admitted to the High Court of South Africa. Verify attorney credentials on the LPC register.

Last updated: April 2026