What Do Conveyancing Attorneys Do in South Africa?

A conveyancing attorney in South Africa is a practising attorney who holds an additional Notary qualification under the Legal Practice Act 28 of 2014 and is authorised to prepare, execute, and register deeds that transfer ownership of immovable property. The role covers the full transfer arc on a sale — drafting the deed of transfer, obtaining rates and other municipal clearances, applying to SARS for a transfer duty receipt, lodging the file at the relevant Deeds Office under the Deeds Registries Act 47 of 1937, and registering any new bond or bond cancellation alongside the transfer. Because no property transfer is legally valid until it is registered in the Deeds Office, the conveyancer is the single professional a buyer or seller cannot bypass in any South African property transaction.

Who a Conveyancing Attorney Is

A conveyancing attorney is, first, a practising attorney admitted by the Legal Practice Council under the Legal Practice Act 28 of 2014. On top of that admission, the attorney must hold a separate Notary qualification and be admitted as a Notary to prepare and execute notarial deeds, including deeds of transfer. That dual qualification is what distinguishes a conveyancing attorney from a general practice attorney who cannot sign transfer deeds.

The Legal Practice Council regulates the profession, and conveyancing work is reserved work that only an admitted attorney with notary status may perform. A firm that carries Fidelity Fund cover under section 84 of the Legal Practice Act is also required for any practice that holds a conveyancing file — a check that buyers and sellers can verify through the Council’s FFC verification portal before instruction.

Burger Huyser Attorneys has notaries and a qualified Notary and Conveyancer on staff to handle these instructions, with files coordinated across the firm’s Gauteng footprint and anchored at the Bedfordview office.

The Core Role: Facilitating the Registration of Property Rights

A property sale in South Africa is not legally concluded by signature of a deed of sale — it is concluded by registration of transfer in the Deeds Office. The conveyancing attorney’s job is to take the sale from offer-to-purchase through to a registered transfer in the buyer’s name. That means preparing the transfer documentation, satisfying the conditions precedent to registration, attending to financial clearances, and lodging the file for examination and registration by the Registrar of Deeds.

Registration is the moment real rights in immovable property crystallise. Until that point, the buyer holds only a personal contractual right against the seller, which is enforceable by damages but not by transfer. The conveyancer is the person who closes that gap between contract and ownership.

The Conveyancing Process, Step by Step

While the underlying framework is the same for every transfer, the order of work on a conveyancing file follows a defined sequence. A clean residential transfer typically moves through the steps below from instruction to registration.

1. Deed of sale signed. Buyer and seller sign the deed of sale, typically with suspensive conditions such as bond approval, sale of an existing property, or occupational interest arrangements.
2. File opened and transfer drafted. The seller’s conveyancer opens the file, drafts the power of attorney to pass transfer, and prepares the deed of transfer.
3. Bond instructions (if applicable). The buyer’s conveyancer — often the same firm in a straightforward transaction — attends to bond documentation where the buyer is financing the purchase.
4. Clearances obtained. Rates clearance certificates from the municipality, electrical compliance certificates, plumbing compliance certificates where required, and any homeowners’ association or body corporate clearance are collected.
5. Transfer duty paid to SARS. Transfer duty is calculated, the transfer duty declaration is filed via SARS eFiling, and the duty is paid electronically.
6. Lodgement at the Deeds Office. The file is lodged at the relevant Deeds Office via the electronic lodgement system and an examiner reviews the deeds.
7. Queries resolved. Once the examiner raises no queries — or any queries that are raised are answered — the deeds are prepared for execution and lodged for registration.
8. Registration. Registration occurs on a scheduled date. The new owner is reflected in the Deeds Office records, and the bond is registered simultaneously if applicable.
9. Financial wrap-up. The conveyancer arranges payment to the seller (typically less the bond cancellation payout), final statements are delivered, and the file is closed.

Key Documents and Parties Involved

A conveyancing file draws in a defined set of documents and role-players. The table below summarises what each one is and where it sits in the transfer.

Document / Party	Function
Deed of transfer	The notarial deed that, once registered, vests ownership in the buyer.
Bond documents	Where the buyer finances the purchase, the bond is registered simultaneously and the bond attorney (often the same firm) attends to its registration.
Rates clearance certificate	Issued by the municipality confirming all rates, taxes, and municipal charges are paid up to a specified date.
Transfer duty receipt	Issued by SARS confirming transfer duty has been paid.
Compliance certificates	Electrical and, in some cases, plumbing or beetle certificates required before transfer.
Body corporate or HOA clearance	Required for sectional title and some gated-estate properties.
Power of attorney	Authorising the conveyancer to pass transfer on behalf of the seller (or buyer) who is not present at registration.
Master of the High Court (estate transfers)	Issues the letters executorial that authorise the executor to pass transfer where the seller has died.
Registrar of Deeds	The public official at the Deeds Office who examines, executes, and registers the deeds.

What Conveyancing Attorneys Do Not Do

The conveyancing role is tightly defined, and a clear understanding of its boundaries helps a buyer or seller know when to call in another professional. Conveyancing attorneys do not:

• Value property or give binding advice on whether a purchase price is fair.
• Advise on the commercial terms of the deed of sale beyond flagging standard conditions; commercial negotiation remains the agent’s and the parties’ responsibility.
• Represent either party in disputes arising from the deed of sale; dispute work goes to a litigation practice.
• Draft wills, handle divorce, or attend to tax planning beyond the transfer duty calculation itself.
• Act as estate agents, bond originators, or financial advisers — the conveyancing role is distinct from each of those.

When You Need a Conveyancing Attorney

Conveyancing instructions are not limited to straightforward residential sales. The work covers any matter that requires a deed to be prepared, executed, and lodged at the Deeds Office, including:

• Any transfer of immovable property — residential, commercial, agricultural, or sectional title.
• Registration of a new bond over property.
• Cancellation of an existing bond on transfer or refinancing.
• Transfer of property from a deceased estate (where the conveyancer works with the executor appointed by the Master of the High Court).
• Subdivision, consolidation, or endorsement of title conditions at the Deeds Office.
• Notarisation of antenuptial contracts, suretyships, and other notarial deeds that fall within the conveyancer’s notarial capacity.

Costs and Timeline (General Guidance)

Conveyancing fees are typically charged on a guideline tariff published by the Legal Practice Council, with the attorney’s own fee plus disbursements (Deeds Office fees, transfer duty, postage, and other costs). Transfer duty is a separate statutory charge calculated on a sliding scale against the purchase price and payable to SARS before transfer. All transfer duty is paid electronically via SARS eFiling, with a Conveyancer typically acting on the buyer’s behalf.

Cost item	Who charges	Nature
Conveyancing attorney fee	The instructing firm	Charged on a guideline tariff published by the Legal Practice Council
Deeds Office fees	Department of Agriculture, Land Reform and Rural Development	Statutory lodgement and registration fees
Transfer duty	SARS	Sliding-scale statutory charge paid electronically via eFiling
Disbursements	Various (municipality, surveyor, body corporate)	Rates clearance, compliance certificates, FICA-related administrative costs
VAT	The instructing firm	Applied to the firm’s fee and VAT-able disbursements

On timing, a clean residential transfer typically takes between eight and twelve weeks from instruction to registration. Files that involve bond cancellation, divorce-related transfers, estate transfers (where the Master of the High Court must first issue letters executorial), or subdivisions can run considerably longer. A firm that gives a realistic timeline based on current Deeds Office turnaround — rather than a best-case estimate — is one of the easier signal checks for a buyer or seller to rely on.

Choosing a Conveyancing Attorney

The conveyancing role is reserved work, and the gate is meant to be hard to walk through. Before instructing a firm, confirm the basics:

• Confirm the attorney holds a current Notary admission and is in good standing with the Legal Practice Council.
• Check that the firm carries Fidelity Fund cover (mandatory for conveyancing practices) and that the firm’s trust account is FICA-compliant.
• Ask whether one firm will act for both buyer and seller (a “dual” appointment) — common in practice, but it carries implications for conflict of interest and informed consent.
• Clarify the fee structure up front: attorney’s fee, conveyancing tariff, disbursements, and whether VAT applies.
• Look for a firm that will give a realistic timeline based on current Deeds Office turnaround rather than a best-case estimate.

Burger Huyser Attorneys meets this profile in practice. The firm fields notaries and a qualified Notary and Conveyancer on staff, carries Fidelity Fund cover for conveyancing practice, and accepts conveyancing instructions from buyers, sellers, and bond originators across the Gauteng region — with files coordinated through the Linden, Randburg head office and the Bedfordview branch.

Frequently Asked Questions

What does a conveyancing attorney actually do?

A conveyancing attorney takes a property sale from signed deed of sale to a registered transfer at the Deeds Office. The work includes drafting the deed of transfer, obtaining municipal rates clearance, paying transfer duty to SARS, lodging the file with the Registrar of Deeds, and registering any bond simultaneously. Once the transfer is registered, ownership passes legally to the buyer.

Do I need a conveyancing attorney to sell or buy property in South Africa?

Yes — registration of transfer in the Deeds Office is the act that legally passes ownership, and only an admitted attorney with a Notary qualification may prepare and lodge the transfer deed under the Legal Practice Act 28 of 2014. Without a conveyancing attorney, the transaction cannot reach registration and ownership does not pass.

How long does conveyancing take in South Africa?

A clean residential transfer typically takes eight to twelve weeks from instruction to registration. Files that involve bond cancellation, divorce-related transfers, estate transfers (where the Master of the High Court must issue letters executorial first), or subdivisions can take considerably longer.

How much does a conveyancing attorney cost?

Conveyancing fees are charged on a guideline tariff published by the Legal Practice Council, plus disbursements such as Deeds Office fees, transfer duty, and FICA-related administrative costs. Transfer duty itself is a separate statutory charge paid to SARS on a sliding scale against the purchase price. The conveyancing firm should quote the full breakdown (attorney’s fee, conveyancing tariff, disbursements, VAT) before engagement.

What is the difference between a conveyancer and a notary?

In South Africa the conveyancing attorney is the same professional as the notary in conveyancing matters: an admitted attorney who has obtained an additional Notary qualification. “Notary” alone can refer to a notary who does not practise as an attorney, but for property transfers the work must be done by an admitted attorney who is also admitted as a Notary. Burger Huyser Attorneys has notaries and a qualified Notary and Conveyancer on staff to handle these instructions.

Can I do my own conveyancing?

No. Preparing and lodging deeds of transfer is reserved work under the Legal Practice Act 28 of 2014, and the Deeds Office will not accept lodgement from an unqualified person. The transaction requires an admitted attorney with Notary status; no DIY or shortcut is legally available.

What is the Deeds Office?

The Deeds Office is the regional office of the Department of Agriculture, Land Reform and Rural Development that records and registers real rights in immovable property. Gauteng has two main Deeds Offices — Johannesburg and Pretoria — and the file is lodged at whichever office covers the property’s region.

Burger Huyser Attorneys handles conveyancing and notarial work through qualified notaries and a Notary and Conveyancer on staff, with files coordinated across the firm’s Gauteng branches and anchored at the Bedfordview office. For a transfer, bond registration, bond cancellation, or estate-related transfer instruction, contact the firm at the Linden, Randburg head office on 011 888 0246 (Mon–Fri, 7:30am–4:30pm) or via the Bedfordview branch on 011 201 7190, and the firm will route the matter to the right practitioner. The firm carries a 4.8/5 average across 250+ Google reviews (Trustindex verified — “Top Rated Law Firm in South Africa”), and its conveyancing practice is supported by Fidelity Fund cover under the Legal Practice Act 28 of 2014.