Transfer and Conveyancing Attorneys in Cape Town
Conveyancing is the legal process that transfers ownership of immovable property from one person to another and records that transfer in the national Deeds Registry. It sounds procedural, and in many ways it is, but the consequences of errors, delays, or oversights in the conveyancing process can be significant, costly, and in some cases irreversible. In South Africa, only a qualified conveyancer may attend to the registration of a property transfer, and the quality and efficiency of the conveyancing attorney you appoint has a direct impact on how smoothly your transaction proceeds.
Legal Services Cape Town handles residential and commercial conveyancing across the Western Cape. Our conveyancing attorneys manage every aspect of the transfer process, from the initial receipt of the deed of sale through to registration at the Deeds Office and the issue of the new title deed, keeping buyers, sellers, and financial institutions informed at every step.
Conveyancing is one of the property law areas our partner attorneys cover in property law services in Cape Town, which also covers deeds of sale and commercial property agreements.
Buying or selling property in Cape Town? Contact our conveyancing team today.
The Conveyancing Process in South Africa
Understanding what happens between the signing of the deed of sale and the registration of transfer helps buyers and sellers set realistic expectations and respond promptly when their attorney requires action from them.
Step 1: Receipt of the Deed of Sale and Opening of the Transfer File
Once the deed of sale has been signed and all suspensive conditions, typically bond approval and the sale of an existing property, have been fulfilled, the conveyancer opens the transfer file and issues a request for the documents and information required to proceed. This includes identity documents, tax numbers, marital status information, and details of any existing bond over the property being sold.
Step 2: Transfer Duty and SARS Clearance
Transfer duty is a tax payable by the buyer on the acquisition of immovable property above the exempt threshold. The conveyancer submits the transfer duty return to SARS, and the buyer pays the transfer duty assessed. SARS issues a transfer duty receipt, which is one of the documents required for lodgement at the Deeds Office. The transfer duty exempt threshold and rates are adjusted periodically, and our attorneys advise buyers on the transfer duty payable on each transaction.
Step 3: Rates Clearance Certificate
The seller must provide a rates clearance certificate from the relevant municipality confirming that all rates, taxes, and other municipal charges on the property have been paid up to date. The conveyancer obtains this certificate on behalf of the seller and, where necessary, arranges for any outstanding amounts to be settled from the proceeds of the sale.
Step 4: Preparation of Transfer Documents
The conveyancer prepares the full set of transfer documents required for lodgement at the Deeds Office. These include the deed of transfer, the power of attorney authorising the conveyancer to attend to the transfer, and any other documents required by the Deeds Office for the specific transaction. All parties sign the relevant documents, which are then examined by the conveyancer before lodgement.
Step 5: Bond Registration
Where the buyer is purchasing the property with the assistance of a home loan, the bond registration must be attended to simultaneously with the transfer. The bond attorneys, appointed by the financial institution, prepare the bond registration documents and lodge them at the Deeds Office at the same time as the transfer. Our conveyancing attorneys coordinate with the bond attorneys to ensure that the transfer and bond registration are lodged together, which is a requirement for simultaneous registration.
Step 6: Lodgement and Registration at the Deeds Office
Once all documents are in order, the conveyancer lodges the transfer at the Deeds Office. Deeds Office examiners check the documents for compliance before the transfer is registered. Registration typically takes between seven and ten working days after lodgement at the Cape Town Deeds Office, though this can vary. On the date of registration, ownership passes from the seller to the buyer, and the buyer’s financial institution releases the purchase price to the seller.
Types of Conveyancing We Handle
Residential Property Transfers
The attorney will handle the full range of residential property transfers in the Western Cape, including freehold properties, sectional title units, share block conversions, and estate developments. They represent buyers, sellers, and developers, and they work efficiently to minimise the time between signature of the deed of sale and registration.
Commercial Property Transfers
Commercial property transactions often involve additional complexity, including VAT implications, more detailed due diligence on title conditions and servitudes, and the need to coordinate with multiple parties including corporate buyers and sellers, financial institutions, and other attorneys. They have experience in commercial conveyancing and apply the same thoroughness to commercial transactions that they bring to residential transfers.
Bond Registrations and Cancellations
Where a buyer is financing a property purchase through a home loan, the bond must be registered at the Deeds Office at the same time as the transfer. Where a seller has an existing bond over the property being sold, that bond must be cancelled as part of the transfer process. The attorney will handle bond registrations and cancellations for all major financial institutions and coordinate efficiently with the relevant bond attorneys.
Transfers in Deceased Estates and Divorce
Property transfers arising from deceased estates and divorce proceedings require additional documentation and legal steps beyond a standard transfer. They work closely with our estate administration and family law teams to ensure that these transfers are handled correctly and that all relevant legal requirements are met.
For transfers arising from a deceased estate, our deceased estate administration team manages the full estate process alongside the conveyancing transfer.
