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Commercial Property Conveyancing 2024

Fill in the form below to obtain conveyancing fees for a commercial property sale.

Note that commercial conveyancing fees are the same as the conveyancing fees for residential property (although transfer duty/VAT may differ, see below). Many years ago commercial property had different conveyancing fees scale, but this is no longer the case iSn South Africa

Email lawyer@capetownlawyer.co.za if there are any problems with filling in the above form, or WhatsApp.

Types of commercial property

Commercial property includes all properties owned by a corporate or close corporation:

• Industrial properties
• Office properties
• Retail properties (shops)
• Hotels
  

Due diligence of Offer to Purchase

Due diligence is required when purchasing a Commercial property. Relevant Title Deed Searches should be made before signing an Offer to Purchase. This will ensure that there are no Caveats or interdicts noted against the property.

Commercial Property Transfer Costs

The Conveyancing fees levied by an Attorney in a Commercial property transfer are calculated on the same tariff as residential property ie. as a percentage of the purchase price – this is the only portion of costs which may be negotiable.
The administration fees and Deeds Office fees, are not negotiable and always have to be paid, these are also the same as for residential property.

Transfer duty or VAT

Whether the entities to the transfer process are VAT registered or not will determine whether Transfer Duty or VAT is payable on transfer of immovable property.
It is the Seller who determines whether VAT is payable. If the Seller is not a VAT vendor then Transfer Duty is payable.
If the Seller is a VAT vendor VAT is only payable if the property being sold is being used by the Seller to produce income which is subject to VAT.
Eg. If a Property Developer registered as a VAT vendor sells property he has developed, the sale of the developed property would be subject to VAT.
Purchasing of Shares in a Company/or a share block company would always be subject to Transfer Duty (unless the Seller is a VAT vendor.)
If property is sold as a going concern, from one VAT vendor to another VAT vendor – then the sale is zero rated for VAT purposes, thus reducing the costs of transfer. The parties must however agree in writing, which should be included in the Deed of Sale that –

1. The property is income earning;
2. Capable of operating separately;
3. Sold as a going concern;
4. The sale includes VAT at the zero-rate.

All assets necessary for the carrying on of the enterprise must be included in the sale.
In a commercial transfer there can never be VAT and transfer duty payable. If VAT is payable it takes precedence over transfer duty.

Commercial Property Services

Do you need assistance with Commercial Property services? We can guide you and ensure assistance with the following :

• Property Developments
• Lease Agreements
• Sale Agreements
• Sale of Shares in a company owning a property
• Assistance with financing options – Bonds
• Subdivision
• Township registrations
• Opening Sectional Title Registers
• Servitudes
• Lost Deeds
  

Ask questions about filling in the above form.