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Property Transfers

Transfer of Immovable Property

Understanding how ownership of land or a home legally moves from one person or entity to another.

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What is a property transfer?

The transfer of immovable property occurs when ownership is moved from one person or entity to another and registered in the Deeds Office. This most commonly follows a sale, but transfers can also arise from inheritance, divorce settlements, donations or changes in ownership structures such as moving a property into a trust or company.

The transfer process, step by step

  1. Receive the signed agreement and instructions from the parties involved
  2. Collect FICA documentation and supporting paperwork from buyer and seller
  3. Apply for bond cancellation figures, and rates and levy clearance certificates
  4. Prepare transfer documents and arrange signature by all parties
  5. Secure guarantees for the purchase price and payment of costs
  6. Lodge documents simultaneously with any bond attorneys at the Deeds Office
  7. Registration takes place and the parties are accounted to

Documents commonly required

  • Identity documents and, where relevant, marriage certificate and antenuptial contract
  • Proof of residential address
  • SARS tax number for transfer duty purposes
  • Municipal account and, for sectional title, the body corporate's consent and levy clearance

What can delay a transfer

Outstanding rates or levies, unresolved compliance certificate issues, incomplete FICA documentation, and bond approval delays are the most common causes of a slower-than-expected transfer. We flag these early and follow up proactively so momentum is not lost.

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

The seller generally appoints the transferring attorney, unless the parties agree otherwise in the sale agreement.

Requirements vary by transaction but commonly include identity documents, proof of address, tax information, marital-status documents and transaction-specific records.

Through a written guarantee from the purchaser's bank or a cash deposit held in the transferring attorney's trust account, provided to the seller's satisfaction before lodgement.

The Deeds Office is the government registry responsible for recording and registering ownership of immovable property in South Africa.

Yes, private sales are common and the conveyancing process is the same regardless of whether an agent was involved.

A certificate from the local municipality confirming that rates and taxes on the property are paid up to date, required before transfer can be lodged.

Transfer duty is calculated on a sliding scale based on the purchase price or property value, with different rates applying above certain thresholds.

The existing bond must be cancelled simultaneously with transfer, coordinated between the seller's bank, the cancellation attorney and the transferring attorney.

Generally no, except through a further formal transfer, a court order, or in rare cases of proven fraud; registration is treated as final under South African property law.

The transferring attorney pays the net proceeds to the seller, after deducting any amounts due such as bond settlement, rates and agreed costs.

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