Property Transfer Process
Everything you need to know about property transfers in South Africa, including the legal requirements, costs, documentation, and step-by-step process to successfully transfer property ownership from seller to buyer.
Required Documents
- Original Title Deed
- Sale Agreement (Offer to Purchase)
- Transfer Duty Receipt or exemption certificate
- Rates clearance certificate from municipality
- Levy clearance certificate (for sectional title properties)
- Electrical compliance certificate (COC)
- Gas compliance certificate (if applicable)
- Beetle certificate (if property is older than 35 years)
- Conveyancer's practicing certificate
- Identity documents of all parties
- Power of attorney (if using representatives)
Property Transfer Process Steps
- Sale Agreement: Buyer and seller sign offer to purchase agreement
- Appoint Conveyancer: Seller appoints a conveyancer to handle the transfer
- Lodge Transfer: Conveyancer lodges transfer application with Deeds Office
- Obtain Clearances: Secure all required clearance certificates
- Calculate Transfer Duty: Determine and pay transfer duty to SARS
- Prepare Documentation: Conveyancer prepares all transfer documents
- Examination: Deeds Office examines all documents for compliance
- Registration: Property is registered in buyer's name
- Collection: New title deed is issued and collected
Transfer Duty Calculator
Use our calculator to determine your transfer duty costs based on the current South African transfer duty rates:
Transfer Duty Rates
- R0 - R1,000,000: 0% (No transfer duty)
- R1,000,001 - R1,375,000: 3% of amount above R1,000,000
- R1,375,001 - R1,925,000: R11,250 + 6% of amount above R1,375,000
- R1,925,001 - R2,475,000: R44,250 + 8% of amount above R1,925,000
- R2,475,001 - R11,000,000: R88,250 + 11% of amount above R2,475,000
- Above R11,000,000: R1,025,000 + 13% of amount above R11,000,000
Transfer Costs Breakdown
- Conveyancer fees: Approximately R8,000 - R15,000
- Transfer duty: Based on purchase price (see rates above)
- Deeds Office fees: R500 - R750
- FICA compliance: R350 - R500
- Postage and petties: R200 - R400
- VAT: 15% on conveyancer fees
Transfer Duty Exemptions
- First-time property buyers (properties under R1,000,000)
- Transfers between spouses
- Inheritance transfers
- Transfers to close corporations or companies (with conditions)
- Donations between family members
- Sectional title transfers in certain circumstances
Timeframes
- Document preparation: 2-4 weeks
- Deeds Office examination: 4-8 weeks
- Registration: 1-2 weeks
- Total process: 8-12 weeks (can vary)
Conveyancer Responsibilities
- Prepare all transfer documents
- Obtain clearance certificates
- Calculate and pay transfer duty
- Liaise with Deeds Office
- Ensure compliance with all legal requirements
- Attend to bond registration (if applicable)
- Provide regular updates to parties
Buyer Responsibilities
- Provide proof of funds or bond approval
- Pay deposit as per agreement
- Arrange property inspection
- Obtain insurance coverage
- Pay transfer costs
- Sign all required documents
- Arrange occupational rent (if applicable)
Seller Responsibilities
- Provide original title deed
- Obtain rates clearance certificate
- Settle all outstanding municipal accounts
- Provide compliance certificates
- Disclose any defects or issues
- Vacate property on transfer date
- Hand over keys and property
Common Delays and Issues
- Missing or incorrect documentation
- Outstanding municipal accounts
- Defective title deeds
- FICA compliance issues
- Bond registration delays
- Deeds Office backlogs
- Compliance certificate delays
Sectional Title Transfers
- Require levy clearance certificate from body corporate
- Must comply with sectional title regulations
- Body corporate consent may be required
- Management rules must be provided
- Special levies must be disclosed
Bond Registration
- Simultaneous with transfer registration
- Separate conveyancer may be appointed
- Bank instructions must be followed
- Bond attorney fees apply
- FICA compliance required
FICA Requirements
- Proof of identity for all parties
- Proof of residence
- Proof of income
- Source of funds declaration
- Enhanced due diligence for high-value transactions
Post-Transfer Actions
- Register property with municipality
- Update insurance policies
- Arrange utility transfers
- Notify body corporate (sectional title)
- Update will and estate planning
- Keep all transfer documents safe
Important Considerations
- Always use a qualified conveyancer
- Ensure all suspensive conditions are met
- Budget for all transfer costs
- Verify property boundaries and servitudes
- Check for municipal restrictions
- Consider capital gains tax implications
Contact Information
- Law Society: Contact details for conveyancer referrals
- SARS: 0800 00 7277 for transfer duty queries
- Deeds Office: Various locations across South Africa
- Municipality: For rates and clearance certificates
Professional Advice: Property transfers involve complex legal procedures. Always consult with a qualified conveyancer and other professionals to ensure compliance with all legal requirements and to protect your interests throughout the process.
