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Property Transfers - protect your interests

Are you considering buying or selling property? Before signing any agreements, it's crucial to consult a property lawyer to ensure your interests are fully protected throughout the transaction. Contact us at lawyer@capetownlawyer.co.za for expert assistance with drafting the offer to purchase/ property sale agreement and the entire transfer process. It is critical that you email and get feedback BEFORE signing the offer to purchase.

Property Transfer Process in South Africa 2025

The need to conduct a transfer of property is usually triggered by somebody wanting to purchase property from another person, who wants to sell the property; and the accompanying need to change the title deed of the property from being in the name of the seller, to being in the name of the buyer. The title deed of a property, amongst other things, shows who the owner of the property is. This page provides a brief overview of the Conveyancing process which folows, to change the title deed of the property from recording the seller as being the owner of the property, to recording the buyer as being the owner of the property. The process is similar whether it's for a private property sale or a commercial property sale.

Property Lawyer

Conveyancing lawyer hands a miniature house to a property buyer, symbolising the property transfer. South African flag in background.
  1. Buyers (and sellers) often want to know what the boundaries are, of the property they're purchasing (selling). A copy of the property's plans can be obtained to see the boundaries. The property's "plans" are adrawing showing the ERF number, boundary lines and the size of the property, whether theproperty is a consolidation of 2 properties or whether it's standalone, the existence of servitudes, info connected with the property's title deed, and any other endorsements. The plans have to be set up by a professional registered land surveyor, and have to be approved by South Africa's Surveyor General. Click here to do a property search on the government website.

  2. The first step is for the purchaser to set up and sign an offer to purchase (the agreement between the Buyer and Seller which sets out the terms and conditions of the sale); this would include engaging with a property lawyer to ensure that it protects the rights of the purchaser and is legally compliant. IThe seller may have been included in the preperation of the offer to purchase; or would review the offer to Purchase when it is received together with the seller's conveyancing attorneys before possibly adjusting it or signing it, to make sure it protects the rights and interests of the seller. It is critical that the seller and buyer involve property legal experts who independently look after each of their interests. Click here to find a property conveyancing attorney in Cape Town to ensure that your interests are protected in the crafting of the offer to purchase (whether as buyer or seller) and the remainder of the transfer process.

  3. Once the terms and conditions are agreed on and a conveyancing lawyer is nominated as the transferring Attorney in the Offer to Purchase the Conveyancing Department of the nominated lawyer will proceed with the Title Deed and Property Searches via the Deeds Office.

  4. The Offer to Purchase often contains suspensive conditions eg. The sale might be subject to the purchaser obtaining Bond approval or be subject to the sale of the purchaser’s property. Once the suspensive conditions are met the contract of sale comes into effect. At this stage the Conveyancing Department will proceed to:
  5. The costs of the transfer are generally paid by the Purchaser, this would be a condition set out in the Offer to Purchase. Once the costs are paid the Transfer Duty is paid over to SARS in order to obtain a Transfer Duty Receipt.

  6. Compliance Certificates (An in depth article on Compliance Certificates was published in Cloete Baker & Partners' December 2023 Newsletter. If you would like a copy; and to subscribe to their monthly newsletter please e-mail clare@cloetebaker.co.za with the heading “Please subscribe me to your newsletter”) required to be provided by the Seller are :
    • Electrical
    • Electric fence system
    • Gas
    • Beetle (normally a Bank requirement)
    • Water Installation (required by the City of Cape Town.)

  7. Once the Finances/Guarantees for the Purchase price; and all the Certificates are in place the conveyancing attorneys proceed to arrange lodgement, simultaneously with the Bond Cancellation and Bond at the Deeds Office.

  8. The Deeds are then examined at the Deeds Office by the Deeds Office examiners. The examination process (at the Cape Town Deeds Office) currently takes 5 to 10 days. After examination the Deeds are made available to us (“up on prep”) for a period 5 working days to hand in for registration. Once the Deeds are registered by the Conveyancer at the Deeds Office, ownership in the property passes to the buyer and the buyer becomes the legal owner of the property. (The existing bond cancellation and new bond would be registered at the same time.)

  9. After registration the conveyancing attorneys account to both the Seller and Buyer by producing a statement of account. Agents Commission and other costs are settled and the proceeds of the sale dealt with. The new Title Deed is made available to us from the Deeds Office within 2 weeks of the registration and is forwarded to the buyer or bank (if bonded.)

Much of the above work is performed by conveyancing secretaries, but signed off by attorneys they are reporting to.

Lady Justice

How long does it take to transfer a property in Cape Town?

From the offer to purchase being accepted by the seller, to the Deeds Office records being updated to reflect the details of the purchaser, typically take about 3 months, sometimes there are delays making it take a bit longer, and sometimes it's a bit quicker if there are no issues.

Deeds Office

South Africa has 11 Deeds Offices; which are run by government. The Deeds off7ces keep track of who owns property and rights to property in the country; which continuously changes via legal transfers of property. The system we have in place today was initiated by the Deeds Registeries Act of 1937. A public record of mortgage bonds, property title deeds and servitudes show who has a stake in the property in SA. Various checks are carried out by the Deeds Office; for instance they wont allow a property transfer to complete if there are oustanding municipal rates and taxes on the property - a rates clearance certificate is required.

Notarial deed of cession of usufruct

Conveyancing Books

Read these books to enhance your knowledge of conveyancing in SA:

  1. The Practitioner's Guide to Conveyancing and Notarial Practice

  2. Consolidated Chief Registrar of Deeds' Circulars and Conference Resolutions

  3. The Law and Practising of Conveyancing in South Africa

Conveyancing books: (1) The Practitioners Guide to Conveyancing and Notarial Practice (2) Consolidated Chief Registrar of Deeds' Circulars and Conference Resolutions, (3) The Law and Practising of Conveyancing in South Africa

Property transfer & sale Info

Sellers of property & buyers, speak to a property lawyer before you hire an estate agent!

Conveyancing & property transfer discussion forum

Note that this is a public forum - exercise caution before acting on info and use at own risk. Anybody may ask and answer, and you don't know what their level of expertise is. No information on this website should be acted on without first consulting with a lawyer to test its validity. Do not share private details here.


Property attorney presenting on conveyancing costs negotations; capetownlawyer at bottom