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Property Transfers

Buying or Selling Commercial Property

Commercial transactions carry additional tax, due-diligence and contractual considerations that residential sales don't.

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How commercial deals differ from residential sales

Commercial property transactions, whether for offices, retail premises, warehousing or vacant land, typically involve higher transaction values, VAT considerations, existing tenants and more detailed due diligence than a residential sale. The agreement of sale is usually more comprehensive, addressing zoning, existing leases, fitness for purpose and any special conditions relevant to the buyer's intended use.

VAT or transfer duty?

Whether a transaction attracts VAT or transfer duty depends on whether the seller is a VAT vendor selling in the course of their enterprise. Getting this wrong can be costly, so this is confirmed early and addressed clearly in the sale agreement.

Due diligence considerations

  • Zoning certificate and confirmation of permitted land use
  • Existing lease agreements and tenant obligations that transfer with the property
  • Outstanding rates, levies and any municipal compliance requirements
  • Title deed conditions, servitudes and restrictive conditions of title
  • Company or trust resolutions authorising the transaction, where the buyer or seller is a legal entity

Our role

We assist with reviewing or drafting the sale agreement, coordinating the conveyancing process, liaising with the seller's or buyer's finance providers, and managing the Deeds Office registration through to completion, keeping both business timelines and legal accuracy in view.

0110+ Years ExperienceFocused conveyancing and property-transfer practice
02Direct CommunicationRegular updates as your matter moves through each stage
03All Property TypesResidential, sectional title, commercial and rural transactions
04Connected NetworkTrusted bond originators, property practitioners and municipal contacts

Not always. It depends on whether the seller is a registered VAT vendor selling the property as part of their enterprise. This should be confirmed before the agreement is signed.

Yes, existing leases generally continue to bind a new owner, so lease terms should be reviewed carefully as part of due diligence.

Yes, we can assist with the conveyancing aspects and coordinate with town planning professionals where rezoning is required.

Zoning confirmation, review of existing leases, outstanding rates and levies, title deed conditions and any company or trust authorisation required to conclude the sale.

Yes, provided the entity has the necessary founding documents and resolutions authorising the purchase, which we verify as part of the transaction.

Where a commercial property is sold as a going concern, the transaction may qualify for VAT at zero percent, subject to specific requirements being met.

Value is generally based on the purchase price agreed between the parties, though SARS may query values that appear inconsistent with market norms.

The seller is responsible for settling outstanding rates and obtaining the clearance certificate needed before transfer can be lodged.

Generally yes, though certain restrictions and additional compliance steps can apply depending on the buyer's residency status and the nature of the property.

Commercial transfers often take longer than residential ones, given the additional due diligence, and can range from ten weeks to several months depending on complexity.

Clear legal guidance starts with a conversation.

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