Step-by-Step Guide to Buying and Selling Property in South Africa

Buying or selling property in South Africa runs through a single standard legal sequence: the parties sign an Offer to Purchase made subject to suspensive conditions, a conveyancing attorney prepares the transfer documents, transfer duty (or VAT where the seller is a VAT vendor) is paid to SARS, and the transaction is lodged at one of the country’s nine Deeds Offices under the Alienation of Land Act 68 of 1981, the Deed Registries Act 47 of 1937, and (for sectional title) the Sectional Titles Act 95 of 1986. A clean transfer typically takes six to twelve weeks.

Legal Framework Governing a Property Transaction

• Alienation of Land Act 68 of 1981 — requires the sale of immovable property to be in writing and signed by the parties or their authorised agents to be enforceable.
• Deed Registries Act 47 of 1937 — governs the registration of title at the Deeds Office and the duties of the Registrar of Deeds.
• Sectional Titles Act 95 of 1986 — applies (with the registered Management and Conduct Rules) where the property is a sectional-title unit.
• National Credit Act 34 of 2005 — applies to the credit agreement between the buyer and the bank where the purchase is bond-financed.
• Consumer Protection Act 68 of 2008 — applies to certain marketing and disclosure obligations in developer sales.
• Occupational Health and Safety Act 85 of 1993 — underpins the electrical and beetle or plumbing compliance certificates required before transfer.
• Matrimonial Property Act 88 of 1984 — sets the spousal-consent rules that frequently delay a transfer when a married person sells without proper consent.

The Roles in a Property Transaction

• Conveyancing attorney — drafts the deed of transfer, obtains compliance certificates, settles transfer duty or VAT, and lodges the transaction.
• Bond attorney (often the same firm) — registers the buyer’s bond in a parallel track.
• Bond cancellation attorney — instructed where the seller has an existing bond; registers the cancellation simultaneously with the new transfer.
• Estate agent — markets the property; the seller normally pays the commission.
• SARS — collects transfer duty (non-VAT sellers) or VAT at 15% (VAT-vendor sellers).
• Municipal authority — issues rates clearance to date of transfer.

A firm with a Notary and Conveyancer on staff can act in all three attorney roles. Burger Huyser Attorneys’ Bedfordview branch is staffed by admitted attorney Amanda le Roux in exactly this capacity.

The Buying Process, Step by Step

1. Buyer obtains pre-qualification or a bond approval in principle.
2. Buyer identifies a property, views it, and conducts due diligence via the estate agent or directly with the seller.
3. Buyer’s conveyancing attorney is appointed; the seller normally appoints their own.
4. Offer to Purchase is signed, subject to suspensive conditions (typically bond approval within a set period, occupational interest, and the sale of the buyer’s existing property where applicable).
5. Once the suspensive conditions are fulfilled, the conveyancer opens a transfer file, conducts a deeds search, and prepares the transfer duty or VAT calculation.
6. Bond documents are prepared and signed; the bond is registered in parallel with the transfer.
7. Compliance certificates are obtained — electrical (valid for two years under SANS 10142-1), beetle or plumbing where required.
8. Rates clearance and levy clearance (for sectional title) are obtained.
9. Transfer duty is paid to SARS (or VAT to the seller if a VAT vendor); the lodgement package is lodged at the Deeds Office.
10. On registration date, the transfer is registered in the buyer’s name, and the buyer takes occupation.
11. Post-registration, the buyer receives the original deed of transfer.

The Selling Process, Step by Step

1. Seller appoints an estate agent (or markets privately) and signs a mandate.
2. Seller obtains a rates-and-taxes account, levy clearance certificate (for sectional title), the title deed, and any body corporate or HOA clearance.
3. Offer to Purchase is negotiated and signed; the suspensive-condition clock starts.
4. Seller’s conveyancer is appointed and confirms terms with the buyer-side conveyancer.
5. Seller cancels any existing bond — a cancellation attorney is instructed, a cancellation figure obtained, and the cancellation registered simultaneously with the new bond and transfer.
6. Compliance certificates are arranged at the seller’s cost unless the Offer states otherwise.
7. On registration date, the existing bond is cancelled, the new bond (if any) is registered, the transfer passes to the buyer, and net proceeds are paid to the seller.

Costs the Buyer Should Budget For

• Transfer duty (or VAT where the seller is a VAT vendor) — calculated on the purchase price using SARS’s transfer duty tables.
• Conveyancing transfer fees — calculated according to the conveyancing tariff published by the Legal Practice Council.
• Bond registration fees — the bond attorney’s fee, also on a published tariff.
• Bank initiation and valuation fees — charged by the bank for granting the bond.
• Compliance certificates — electrical, beetle or plumbing where required.
• Rates and levy advance — typically a few months’ rates and levies paid in advance as surety.
• Municipal or sectional-title clearance certificates — administrative fees set by the authority or body corporate.

Current SARS Transfer Duty Brackets (1 April 2025 – 31 March 2026)

These brackets apply to acquisitions by natural persons who are not VAT vendors. The same rates continue in the 1 April 2026 period:

Value of the property (R)	Transfer duty payable
1 – 1,210,000	0%
1,210,001 – 1,663,800	3% of the value above R1,210,000
1,663,801 – 2,329,300	R13,614 + 6% of the value above R1,663,800
2,329,301 – 2,994,800	R53,544 + 8% of the value above R2,329,300
2,994,801 – 13,310,000	R106,784 + 11% of the value above R2,994,800
13,310,001 and above	R1,241,456 + 13% of the value exceeding R13,310,000

Costs the Seller Should Budget For

• Estate agent commission — typically the largest cost; negotiable and usually payable on registration date.
• Compliance certificates — electrical and any others the seller must obtain.
• Bond cancellation fees — the existing bondholder’s cancellation attorney fee and bank administrative charge.
• Rates and levy clearance — rates to date of transfer, plus the body corporate levy clearance certificate.
• Conveyancing fees — where the seller appoints their own conveyancer.
• Capital gains tax — not a transfer-time cost, but the seller should be aware of the SARS CGT calculation on the gain.

Compliance Certificates and Clearances: What Must Be in Place Before Transfer

A single missing certificate is one of the most common causes of transfer delay:

Document	Who arranges it	Notes
Electrical Compliance Certificate (ECC)	Seller (most commonly) or buyer’s bond attorney	Issued by an accredited electrician under SANS 10142-1; valid for two years from issue.
Beetle / Woodborer clearance	Where the buyer’s bond requires it; usually by seller	Issued by a registered pest-control operator.
Plumbing compliance certificate	Where required by the buyer’s bond or local by-law	Issued by a licensed plumber.
Electric fence compliance certificate	Where the property has an electric fence and local by-law requires it	Issued by an accredited installer.
Municipal rates clearance	Conveyancer applies on the seller’s behalf	Covers rates up to date of transfer.
Body corporate levy clearance (sectional title)	Conveyancer applies to the body corporate	Set fee by the body corporate.
Homeowners’ association clearance (where HOA applies)	Conveyancer applies to the HOA	Set fee by the HOA.

Transfer Duty vs VAT: Which Applies to This Transaction

• Transfer duty — applies where the seller is not a VAT vendor; calculated using SARS’s transfer-duty brackets and paid by the buyer to SARS before lodgement.
• VAT at 15% — applies where the seller is a VAT vendor (typically the original developer selling new stock); the transaction is normally zero-rated if the property is sold as a going concern, both parties are VAT vendors, and the parties agree in writing under section 11(1)(e) of the VAT Act.
• Not both — a property is either subject to transfer duty or VAT; SARS does not levy both on the same transaction.

What Can Go Wrong: Common Reasons a Transaction Falls Through or Is Delayed

Most failures are documentary or deadline-driven, not price-driven:

• Bond approval not granted in time — the Offer lapses unless extended.
• Compliance certificates missing — the conveyancer cannot lodge without a complete set.
• Bond cancellation figures underestimated — a shortfall delays the seller’s payout.
• Rates or levy arrears uncleared — the rates clearance certificate is withheld.
• Title defects — unregularised building work, unresolved spousal consent under the Matrimonial Property Act 88 of 1984, or an un-cancelled prior bond.
• Missed suspensive-condition deadline — the Offer becomes unenforceable.

Frequently Asked Questions

How long does a property transfer take in South Africa?

From a clean Offer to Purchase (with suspensive conditions fulfilled) to a registered transfer typically takes six to twelve weeks, depending on the bond track, certificates, and Deeds Office workload.

What is the difference between transfer duty and VAT on a property transaction?

Transfer duty applies when the seller is not a VAT vendor and is calculated using SARS’s brackets. VAT at 15% applies when the seller is a VAT vendor and is normally zero-rated if sold as a going concern with both parties VAT-registered under section 11(1)(e) of the VAT Act.

Do I need a conveyancing attorney, or can I handle the transfer myself?

The Deeds Office requires a conveyancing attorney with a Fidelity Fund certificate; a buyer or seller cannot lodge documents personally.

Who pays the estate agent’s commission — the buyer or the seller?

The commission is in most cases paid by the seller, although this is negotiable and the Offer to Purchase should record the position.

What is occupational interest and how is it calculated?

Occupational interest is the amount one party pays the other for the right to occupy the property from the occupation date until registration. It is typically calculated at a rate linked to the prime lending rate.

Can a property transaction fall through after the Offer to Purchase has been signed?

Yes. If a suspensive condition (typically bond approval within the agreed period) is not fulfilled and not extended, the Offer lapses. It can also be derailed by missing certificates, title defects, or an underestimated bond cancellation figure.

What is bond cancellation and why does it matter for the seller?

If the seller has an existing bond, it must be cancelled simultaneously with the new transfer. The seller instructs a cancellation attorney and the bondholder provides a cancellation figure.

If you are buying or selling property anywhere in Gauteng, Burger Huyser Attorneys’ conveyancing team can attend to the transfer and the bond registration from instruction through to registration at the relevant Deeds Office. Contact the Bedfordview conveyancing desk on 011 201 7190 to set up a file, or reach the branch closest to the property — Randburg (head office) 011 888 0246, Sandton 011 253 3080, Roodepoort 011 668 0030, Alberton 011 439 3990, Centurion 012 644 4990, Pretoria 012 471 5700, Midrand 010 022 4082. The firm carries a 4.8/5 average across 250+ Google reviews (Trustindex verified “Top Rated Law Firm in South Africa”) and is set up to handle the standard transaction, transfers requiring condonation of title defects, and simultaneous bond cancellation and registration.