The Conveyancing Process in South Africa — Step by Step

When you buy or sell property in South Africa, the conveyancing process is the legal mechanism that transfers ownership from the seller to the buyer. It is governed by the Deeds Registries Act 47 of 1937, the Transfer Duty Act 40 of 1949, and the Alienation of Land Act 68 of 1981, and involves multiple parties working in coordination over a period of typically 6 to 12 weeks.

This guide explains every step of the process, who pays what, how long each step takes, and the most common causes of delays — so you can set realistic expectations when you buy or sell property.

Quick Answer

How long does property transfer take in South Africa? Most straightforward residential transfers take 6 to 12 weeks from the date the offer to purchase is signed. Commercial transactions and sectional title transfers generally take longer. Delays commonly arise from: late FICA compliance, municipal rates arrears, bond approval delays, and Deeds Office requisitions.

Who Is Involved in a Property Transfer?

The 8-Step Property Transfer Process

Step 1: Offer to Purchase Signed (Week 1)

When buyer and seller sign the offer to purchase (OTP) — also called an agreement of sale — a binding contract is created under the Alienation of Land Act 68 of 1981. The OTP must be in writing and signed by both parties. Key elements include:

• Purchase price
• Suspensive conditions (typically: bond approval within a specified period, such as 30 days)
• Occupation date and occupational rental (if applicable)
• Fixtures and fittings included in the sale
• Any known defects (the "voetstoots" clause has been modified by the CPA for non-business sellers)

The seller or the estate agent nominates the conveyancing attorney at this point. The conveyancing attorney is instructed once all suspensive conditions are fulfilled (e.g., once the bank approves the buyer's bond).

Step 2: FICA Compliance (Week 1–2)

The conveyancing attorney is an accountable institution under the Financial Intelligence Centre Act (FICA) 38 of 2001 and must conduct due diligence on both buyer and seller. Required documents:

• Individuals: South African ID document (certified copy), proof of residential address (utility bill or bank statement not older than 3 months), income tax number
• Companies: Certificate of incorporation, CIPC documents, ID and FICA documents for all directors with beneficial interest above 25%
• Trusts: Trust deed, letters of authority, trustees' FICA documents
• Non-residents: Passport, proof of foreign address, SARS tax clearance if applicable

Incomplete FICA documents are one of the most common causes of early delays. Provide everything requested promptly and in the correct format.

Step 3: Transfer Duty Assessed and Paid to SARS (Week 2–4)

Transfer duty is paid by the buyer to SARS. The conveyancing attorney calculates the duty, obtains a transfer duty receipt from SARS (via eFiling), and lodges the receipt with the Deeds Office. The receipt proves duty was paid.

Transfer Duty Rates (2026 — SARS published rates):

Exemptions from transfer duty:

• VAT-registered sellers: The transaction is subject to VAT instead of transfer duty (common in new developments sold by developers)
• Transmission of property to an heir in a deceased estate: exempt

Step 4: Rates Clearance Certificate from Municipality (Week 3–6)

The conveyancing attorney applies to the municipality for a rates clearance certificate, which confirms all municipal rates, taxes, refuse removal fees, and water/electricity accounts are paid up to date. Municipalities typically require rates to be paid 6 months in advance before they issue the clearance certificate. Any outstanding debt must be settled.

This step can cause significant delays if:

• Municipal accounts are in arrears
• The municipality's system has errors (accounts are incorrectly billed to the wrong owner)
• The municipality is a known slow performer

The rates clearance certificate is valid for 60 days from date of issue, so timing the application correctly matters — too early and it may expire before registration; too late and it creates a bottleneck.

Step 5: Bond Registration Runs Simultaneously (Week 2–8)

If the buyer has been granted a home loan, the bank appoints a bond registration attorney (from its approved panel). The bond attorney:

• Prepares the mortgage bond documents
• Conducts FICA compliance independently
• Coordinates with the transfer attorney for simultaneous lodgement at the Deeds Office
• Arranges for the buyer to sign bond documents

The bond registration process runs in parallel with the transfer process. Both sets of documents must be ready at the same time to lodge simultaneously. A delay in bond documentation (buyer not signing, bank instruction delay) will hold up the transfer.

Bond cancellation: If the seller has an existing bond over the property, the seller's bank appoints a bond cancellation attorney to cancel that bond simultaneously with registration of the new title.

Step 6: Deeds Preparation and Lodgement (Week 6–8)

When all documents are ready — transfer duty receipt, rates clearance certificate, FICA compliance, bond documentation — the conveyancing attorney prepares the deed of transfer and supporting documents:

• Power of attorney (where parties cannot sign in person)
• Consent documentation (from existing bond holder)
• Certificates of compliance (electrical, plumbing, gas, electric fence — depending on municipality requirements)

The transfer attorney, bond registration attorney, and bond cancellation attorney coordinate to lodge all documents simultaneously at the Deeds Office. This simultaneous lodgement is important because all three sets of transactions must succeed together.

Step 7: Deeds Office Examination (Week 8–10)

Once lodged, the documents are examined by Deeds Office examiners — government officials who verify that all documents comply with the Deeds Registries Act, that the title is clean, and that there are no competing interests. The examination process typically takes 7 to 10 working days.

If examiners identify errors or missing documents — called "requisitions" — the documents are "rejected" and returned. The conveyancing attorney must correct the errors and re-lodge, resetting the examination period. Common requisitions include: incorrect property description, missing or incorrect signatures, errors in the power of attorney, and outstanding interdict searches.

An experienced conveyancing attorney minimises requisitions through careful document preparation.

Step 8: Registration (Week 10–12)

Once the examination is clean, registration takes place. At the exact moment of registration, the title deed is legally transferred into the buyer's name. The property now belongs to the buyer. The seller's bond (if any) is cancelled simultaneously.

The buyer receives a title deed — a document evidencing ownership — but typically only receives this physically several weeks after registration as the Deeds Office retains the deed for a period before returning it to the conveyancing attorney.

Important: The buyer does not receive the keys on registration day necessarily — the OTP determines when occupation takes place, which may be on the date of registration or on an agreed earlier or later date.

Sectional Title vs Freehold: Key Differences

Freehold (full title) transfers are the most straightforward — the buyer receives full ownership of the land and the building.

Sectional title transfers involve an additional layer of complexity:

• The conveyancing attorney must obtain a levy clearance certificate from the body corporate (confirming no outstanding scheme levies)
• A sectional plan reference is required in the deed of transfer
• Rules of the Sectional Titles Schemes Management Act 8 of 2011 and the scheme's management rules apply
• The body corporate may have pre-emptive rights in certain schemes that must be checked

Allow an additional 1 to 3 weeks for sectional title transactions compared to freehold.

Common Delays and How to Avoid Them

Frequently Asked Questions

Who appoints the conveyancing attorney in South Africa?

By South African convention, the seller (usually through the estate agent) nominates the conveyancing attorney. This is not a legal requirement under the Alienation of Land Act 68 of 1981 — it is custom and can be negotiated in the OTP. The bond registration attorney is always appointed by the bank. The bond cancellation attorney is appointed by the seller's bank (not the seller personally). If you are a buyer and want a specific attorney to handle your transfer, this must be agreed in the OTP — otherwise you have no say in the appointment.

What is an electrical compliance certificate and is it required for a property sale?

An electrical compliance certificate (CoC) certifies that the property's electrical installation complies with South African National Standards. It is required for every property sale in South Africa under the Electrical Installation Regulations promulgated under the Occupational Health and Safety Act 85 of 1993. The CoC must be issued by a registered electrician within 2 years before the date of transfer. Other compliance certificates — for plumbing, gas, electric fences, and beetle/borer infestation (only required in certain coastal areas) — may also be required depending on the municipality and the OTP terms. The seller is typically responsible for obtaining and paying for these certificates.

Can I do my own conveyancing in South Africa?

No. Under the Deeds Registries Act 47 of 1937, only a qualified conveyancer — an attorney who has passed the separate conveyancing exam — may attend to the registration of property transfers at the Deeds Office. You cannot represent yourself. Even if you are an attorney but have not passed the conveyancing exam, you cannot convey. This requirement protects the integrity of the Deeds Registry and ensures that title is properly researched and documented before it changes hands. The cost of a conveyancing attorney is a necessary part of any property transaction in South Africa.

What happens if the seller dies before the transfer is registered?

If the seller dies after signing the OTP but before registration, the transfer can still proceed. The seller's estate becomes the contracting party and the executor (appointed by the Master of the High Court under the Administration of Deceased Estates Act 66 of 1965) can sign transfer documents on behalf of the estate. This typically delays the transfer significantly, as an executor must first be appointed and obtain letters of executorship. If you are in this situation as a buyer, consult your conveyancing attorney immediately and maintain communication with the deceased's estate and family.

Related Resources

• Conveyancing Attorneys South Africa
• Conveyancing Attorneys Johannesburg
• Conveyancing — Common Questions
• South African Deeds Office — Department of Justice

About the Author

This guide was compiled by the Justibly Editorial Team in consultation with practising attorneys registered with the Legal Practice Council. Our editorial process ensures accuracy and compliance with South African legal standards. For specific legal advice, always consult a qualified attorney.

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Justibly is an independent legal directory. The information on this page is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by using this directory. For advice on your specific legal situation, consult a qualified attorney registered with the Legal Practice Council.

Last updated: April 2026