Property Transfer Documents Checklist South Africa 2025

# Property Transfer Documents Checklist South Africa 2025 One of the most common causes of property transfer delays in South Africa is missing or incomplete documentation. Whether you're buying or selling property, having all required documents ready significantly speeds up the transfer process and prevents frustrating delays. This comprehensive checklist covers every document you'll need for property transfer, organized by party (buyer, seller, attorney) and process stage. Use this guide to ensure you're fully prepared for a smooth, efficient transfer. ## Why Proper Documentation Matters Property transfer in South Africa typically takes 8-16 weeks, but missing documents can extend this timeline by weeks or even months. Each missing document requires: - Additional communication and follow-ups - Time to obtain replacement or new documents - Potential re-lodgement at the Deeds Office - Delayed registration and occupation Having all documents ready from day one ensures: - Faster transfer completion - Lower stress for all parties - Reduced risk of sale falling through - On-time registration and key handover Use our [property transfer calculator](https://www.genius-insights.co.za/south-africa-property-transfer-calculator) to estimate your complete transfer timeline and costs based on your specific transaction. ## Documents Required from the Buyer ### Identity and Personal Documents **1. Certified Copy of ID or Passport** - Must be certified within the last 3 months - Certification by: Commissioner of Oaths, Police Officer, Attorney, or Accountant - Color copy showing all details clearly - If passport: include the page with your photo and personal details **2. Proof of Residence (Not Older Than 3 Months)** - Acceptable documents: - Municipal rates and taxes invoice - Utility bill (electricity, water) - Bank statement showing residential address - Telephone account (landline or mobile) - Retail account statement - Must clearly show your name and current address - Original or certified copy **3. Marriage Certificate (If Applicable)** - Required if you're married - Must be unabridged original or certified copy - Needed to determine marital property regime **4. Ante-Nuptial Contract (ANC) (If Applicable)** - Required if married out of community of property - Registered ANC from Deeds Office - Must include accrual clause details if applicable **5. Divorce Decree (If Applicable)** - Required if divorced and property settlement affects purchase - Section 7(3) order showing property division - Certified copy acceptable **6. Tax Clearance Certificate (Tax Compliance Status - TCS)** - Obtained from SARS (South African Revenue Service) - Can be requested online through eFiling - Shows your tax affairs are in order - Valid for 12 months - Required before transfer can be registered **How to Obtain Tax Clearance:** 1. Register on SARS eFiling (if not already registered) 2. Request Tax Compliance Status certificate 3. SARS reviews your tax submissions (returns, payments) 4. Certificate issued if compliant (usually 1-7 days) 5. Provide to your attorney **7. Foreign Buyer Documentation (If Applicable)** - Work permit or visa (for non-citizens) - South African resident permit - Proof of foreign address if non-resident - SARB (South African Reserve Bank) approval for foreign property ownership (rare but sometimes required) ### Financial Documents **8. Proof of Deposit Payment** - Bank statement or EFT proof showing deposit paid to agent - Typically 10% of purchase price - Paid into estate agent's or attorney's trust account **9. Bond Approval Letter (If Using Financing)** - Formal bond grant letter from your bank - Showing approved amount, interest rate, terms - Must be valid (typically 60-90 days) **10. Proof of Income (For Bond Applications)** - Latest 3 months' payslips (salaried individuals) - IRP5 or IT34 (latest tax year) - Audited financial statements (self-employed, past 2-3 years) - 3-6 months' bank statements **11. Proof of Purchase Funds** - Bank statements showing available cash deposit - Proof of funds source if cash purchase (for FICA compliance) - Gift letter if deposit is gifted (plus donor's bank statement) ### Additional Buyer Documents **12. Company/Trust Documents (If Applicable)** - If purchasing through company: - CIPC registration documents - Company resolution authorizing purchase - Directors' IDs and proof of residence - Financial statements - If purchasing through trust: - Trust deed - Letter of authority from trustees - Trustees' IDs and proof of residence - Master's certificate **13. FICA Compliance Documents** - Additional due diligence for cash purchases over R25,000 - Source of funds declaration - Proof of income/wealth - Bank statements showing fund sources ## Documents Required from the Seller ### Property Title Documents **14. Original Title Deed** - The registered deed showing current ownership - Usually held by the bank if bond is registered - Must be provided to transfer attorney - If lost: application for replacement title deed (adds 4-8 weeks) **15. Existing Bond Documentation (If Applicable)** - Current bond statement showing balance owing - Bond account number - Bank contact details for bond cancellation - Original mortgage bond documents (usually with bank) ### Seller Identity Documents **16. Certified Copy of ID or Passport** - Same requirements as buyer - Must be certified within last 3 months **17. Proof of Residence** - Same requirements as buyer - Must be current (within 3 months) **18. Marriage Certificate (If Applicable)** - Required to determine property rights - Unabridged original or certified copy **19. Ante-Nuptial Contract (If Married Out of Community)** - Proof of marital property regime - Affects who must sign sale documents **20. Death Certificate (For Estate Sales)** - If seller is deceased estate - Plus: Letters of executorship - Plus: Estate late account - Plus: Executor's authorization to sell ### Property Compliance Certificates These are the seller's responsibility and must be obtained before transfer can occur. **21. Electrical Certificate of Compliance (CoC)** - Mandatory by law for all property sales - Valid for 2 years from issue date - Issued by registered electrician after inspection - Cost: R800-R2,500 (seller pays) - Timeline: 1-2 weeks (longer if repairs needed) **What's Inspected:** - Distribution board condition - Earth leakage protection - Wiring condition and safety - Plug and switch conditions - Compliance with SANS 10142-1 **If Defects Found:** - Electrician lists all defects - Seller must repair defects - Re-inspection conducted - Certificate issued once compliant **22. Electric Fence Certificate (If Applicable)** - Required if property has electric fencing - Issued by registered installer - Valid for 2 years - Cost: R500-R1,200 - Timeline: 3-7 days **23. Gas Certificate (If Applicable)** - Required if property has gas installations (stove, geyser, heater) - Issued by registered gas installer - Valid for 2 years - Cost: R500-R1,000 - Timeline: 3-7 days **24. Plumbing Certificate (Sometimes Required)** - Not always mandatory - Some banks require for bond approval - Cost: R800-R1,500 - Timeline: 1 week **25. Beetle/Wood Borer Certificate (If Required by Bank)** - Required by some banks, especially for older properties - Issued by licensed pest control company - Valid for specific time period (usually 12 months) - Cost: R1,500-R3,000 - Timeline: 1-2 weeks **26. Building Plans (If Applicable)** - Approved municipal building plans - Required if alterations were made - Proof of building plan approval from municipality **27. Occupation Certificate (For New Buildings)** - Required for newly built properties - Issued by municipality confirming building complies with plans - Mandatory before property can be occupied ### Clearance Certificates **28. Rates Clearance Certificate** - Proof that all municipal rates and taxes are paid - Requested by attorney from municipality - Municipality must issue within reasonable time (often 2-4 weeks) - Valid for 60-90 days - Cost: Effectively free, but outstanding rates must be paid - Cannot transfer property without this **What It Shows:** - All rates, taxes, and municipal charges paid up to date - Property account in good standing - No outstanding amounts owed to municipality **Common Issues:** - Municipal billing errors (must be resolved before clearance issued) - Outstanding service charges - Penalties and interest on late payments - Incorrect meter readings **29. Levy Clearance Certificate (Sectional Title Properties)** - Proof all body corporate levies are paid - Requested from homeowners association or body corporate - Shows special levies also paid - Valid for specific period (typically 60-90 days) - Cost: Usually free, but outstanding levies must be paid - Timeline: 2-6 weeks depending on body corporate efficiency **30. Homeowners Association Clearance (Estates)** - Similar to levy clearance for properties in estates - Shows all estate levies and charges paid - Confirms compliance with estate rules - Timeline: 1-4 weeks ### Additional Seller Documents **31. Offer to Purchase (Signed)** - Original signed sale agreement - Including all addendums and counter-offers - Both parties' signatures - Witness signatures **32. Seller's Disclosure Form** - Known defects must be disclosed - Material facts about the property - Pending legal issues affecting property - Neighbor disputes or servitude issues **33. Fixtures and Fittings List** - Itemized list of what's included/excluded in sale - Prevents disputes at handover - Should be annexed to Offer to Purchase ## Documents Required by Transfer Attorney Your conveyancing attorney needs various documents to process the transfer: **34. Offer to Purchase (From Both Parties)** - Complete sale agreement - All signed pages and addendums **35. Transfer Duty Receipt (From SARS)** - Proof that transfer duty has been paid - Or: proof of exemption for properties under R1,100,000 - Attorney typically handles this payment **36. Deeds Office Search Results** - Attorney conducts these searches - Verifies ownership - Checks for existing bonds - Identifies servitudes or restrictions - Attorney's responsibility, not buyer/seller **37. Rates Account History** - Obtained from municipality - Shows payment history - Required for rates clearance application **38. Levy Account History (Sectional Title)** - Obtained from body corporate - Shows levy payment history - Required for levy clearance **39. Power of Attorney (If Applicable)** - If buyer/seller cannot attend signing in person - Must be registered power of attorney - Authorized representative's ID and proof of residence ## Documents Required by Bond Attorney If you're using bond financing, the bond attorney needs: **40. Bond Instruction Letter from Bank** - Bank's formal instruction to attorney - Bond amount and terms - Conditions of loan - Bank's contact details **41. Signed Bond Agreement** - Your loan agreement with the bank - Mortgage bond documents - All schedules and annexures signed **42. Life Insurance Policy Details (Often Required)** - Policy covering bond amount - Bank listed as beneficiary - Policy number and insurer details **43. Property Valuation Report** - Bank's valuation of the property - Conducted by bank-appointed valuer - Used to determine loan amount ## Timeline for Obtaining Documents Different documents have different lead times. Plan accordingly: | Document | Lead Time | Cost Range | |---|---|---| | Certified ID copy | Same day | R0-R50 | | Proof of residence | Immediate (if current) | R0 | | Tax clearance certificate | 1-7 days | Free | | Marriage/divorce certificate | Immediate-4 weeks | R0-R75 | | Electrical CoC | 1-2 weeks | R800-R2,500 | | Gas certificate | 3-7 days | R500-R1,000 | | Electric fence certificate | 3-7 days | R500-R1,200 | | Rates clearance | 2-4 weeks | Free (rates must be paid) | | Levy clearance | 2-6 weeks | Free (levies must be paid) | | Bond approval | 1-3 weeks | Free | | Title deed (if lost) | 4-8 weeks | R1,500-R3,000 | **Critical Path Items:** Rates clearance and compliance certificates often take longest. Sellers should obtain these before listing to avoid delays. ## Digital vs Physical Documents **Certified Physical Copies Required For:** - Identity documents (ID/passport) - Marriage certificates - Ante-nuptial contracts - Title deeds (original) - Compliance certificates (original) **Electronic Copies Usually Acceptable For:** - Proof of residence (can be scanned bills) - Bank statements - Payslips - Tax clearance certificate (digital TCS from SARS) - Bond approval letters **Pro Tip:** Scan and save digital copies of all documents. Email these to your attorney immediately, then mail certified copies to follow. ## Common Documentation Issues and Solutions ### Issue 1: Lost Title Deed **Problem:** Original title deed cannot be located **Solution:** - Apply for certified copy or replacement title deed - Costs R1,500-R3,000 - Adds 4-8 weeks to transfer timeline - Attorney handles application process ### Issue 2: Expired Compliance Certificates **Problem:** Certificates older than 2 years **Solution:** - New inspections required - Re-certification needed - Budget additional time (1-2 weeks) and costs ### Issue 3: Municipal Billing Errors **Problem:** Rates clearance shows incorrect outstanding amounts **Solution:** - Dispute amounts with municipality in writing - Provide proof of payment if available - May require municipal account reconciliation - Can delay clearance by 2-4 weeks ### Issue 4: Outstanding Body Corporate Levies **Problem:** Seller behind on levy payments **Solution:** - Seller must bring levies current before clearance issued - Include outstanding amount in transfer calculation - Deducted from seller's proceeds on registration day ### Issue 5: Tax Non-Compliance **Problem:** SARS won't issue tax clearance certificate **Solution:** - Outstanding tax returns must be submitted - Outstanding tax payments must be settled - Disputes must be resolved with SARS - Can delay transfer significantly if not addressed early ### Issue 6: FICA Compliance for Cash Buyers **Problem:** Large cash purchase triggers FICA requirements **Solution:** - Provide comprehensive source of funds documentation - Bank statements showing fund sources - Proof of income/inheritance/sale proceeds - Attorney may require additional declarations ## Document Storage and Security ### Before Transfer - Keep all original documents in fireproof safe - Make certified copies for attorney submission - Scan all documents for digital backup - Use secure email for digital transmission - Never send original title deeds by regular mail ### After Transfer - Store new title deed in bank safety deposit box or fireproof safe - Keep all transfer documentation for at least 5 years - Maintain digital copies on secure cloud storage - Keep compliance certificates for their validity period - File bond documentation securely ## Regional Variations Documentation requirements are standardized across South Africa, but processing times vary: **Johannesburg/Pretoria:** - High volume of transactions - Efficient Deeds Office processing - Municipal clearances: 2-4 weeks **Cape Town:** - Similar to Johannesburg - Generally efficient services - Municipal clearances: 2-3 weeks **Durban:** - Moderate processing times - Municipal clearances: 3-4 weeks **Smaller Cities:** - Slower municipal services - Municipal clearances: 4-8 weeks - Plan for longer lead times ## Checklist Summary: Documents at a Glance ### Buyer Must Provide: ✓ Certified ID/passport ✓ Proof of residence ✓ Marriage certificate (if applicable) ✓ Tax clearance certificate ✓ Bond approval letter ✓ Proof of deposit payment ✓ ANC (if applicable) ### Seller Must Provide: ✓ Original title deed ✓ Certified ID/passport ✓ Proof of residence ✓ Electrical compliance certificate ✓ Other compliance certificates (gas, fence, etc.) ✓ Rates clearance certificate ✓ Levy clearance (sectional title) ✓ Marriage certificate (if applicable) ### Attorney Will Obtain: ✓ Deeds Office searches ✓ Transfer duty receipt ✓ Rates clearance (on seller's behalf) ✓ Levy clearance (on seller's behalf) ## Frequently Asked Questions **Q: Can I use expired ID for property transfer?** No. ID copies must be current and certified within the last 3 months. Renew your ID if it's expiring soon. **Q: What if I'm buying from overseas and can't get documents certified in South Africa?** Documents can be certified by South African embassies/consulates abroad, or by authorized certifiers in your country with proper apostille certification. **Q: Do I need original compliance certificates or are copies okay?** Original certificates are required for property transfer. Copies are not acceptable to the Deeds Office. **Q: Can transfer proceed without rates clearance?** No. Rates clearance is mandatory by law. Transfer cannot be registered without it. **Q: What happens if seller can't get compliance certificates?** The sale agreement may include clauses for this scenario, but typically the seller must obtain certificates or the sale cannot proceed. Buyer may have recourse for breach of contract. **Q: How long are compliance certificates valid?** Electrical, gas, and electric fence certificates are valid for 2 years from date of issue. **Q: Can I get fast-tracked municipal clearance?** Some municipalities offer expedited services for additional fees, but this varies by municipality. Ask your attorney about options. ## Expert Tips for Document Management 1. **Start early:** Begin gathering documents as soon as your offer is accepted 2. **Create a checklist:** Use this guide to tick off each document as obtained 3. **Respond immediately:** When your attorney requests documents, provide them same day 4. **Certify multiple copies:** Get several certified copies of key documents 5. **Use a document folder:** Keep all transfer documents in one secure location 6. **Scan everything:** Create digital backups of all documents 7. **Follow up regularly:** Check with your attorney weekly on outstanding documents 8. **Sellers: Prepare before listing:** Get compliance certificates and rates clearance before marketing your property ## Conclusion Proper documentation is the foundation of a smooth property transfer in South Africa. By preparing all required documents upfront and responding quickly to attorney requests, you'll avoid the delays that plague many property transactions. Use this comprehensive checklist to ensure you have everything needed from day one. Whether you're buying or selling, being organized and proactive with documentation can shave weeks off your transfer timeline and reduce stress significantly. For accurate estimates of your complete transfer process including timeline and all costs, use our [property transfer calculator](https://www.genius-insights.co.za/south-africa-property-transfer-calculator). This free tool helps you plan and budget for your property transfer with confidence. Remember: every missing document adds days or weeks to your transfer timeline. Take the time to gather everything upfront, and you'll enjoy a faster, smoother transfer process from offer acceptance to registration day.