What is Conveyancing? A Complete Guide for South Africans

What is Conveyancing? 

When buying or selling property in South Africa, one of the most crucial legal processes involved is conveyancing. But what exactly does it mean, and why is it important?

At Burger Huyser Attorneys, we specialise in property law and conveyancing, ensuring that property transfers are handled smoothly and legally.

Conveyancing is the legal process of transferring property ownership from one person or entity to another. This process ensures that the buyer legally acquires ownership of the property and that all legal and financial obligations are met before the transaction is completed.

In South Africa, conveyancing is handled by a conveyancer, a qualified attorney who is specially trained and registered to process property transfers.

Why is Conveyancing Important?

The conveyancing process protects both the buyer and seller by ensuring:

✔ The property is legally transferred to the new owner.
✔ The buyer receives a valid title deed proving ownership.
✔ All outstanding municipal rates, taxes, and levies are settled before the transfer.
✔ The bank (if applicable) registers or cancels the bond correctly.

Without conveyancing, property transactions could lead to disputes, financial losses, or fraudulent transfers.

How Does the Conveyancing Process Work?

The conveyancing process involves several legal and administrative steps. Below is an outline of what happens during a property transfer:

Step 1: Signing the Offer to Purchase

• The buyer and seller sign a legally binding Offer to Purchase (OTP).
• This document outlines the purchase price, conditions, and payment terms.

Step 2: Appointing a Conveyancer

• The seller typically appoints a conveyancer, but both parties may agree on one.
• The conveyancer will handle the legal paperwork and registration at the Deeds Office.

Step 3: Financial and Legal Checks

• The conveyancer checks for any restrictions, outstanding debts, or legal issues with the property.
• If the buyer is financing the purchase with a home loan, the bank will appoint a bond attorney to register the mortgage.

Step 4: Clearance Certificates and Payments

• The conveyancer arranges municipal clearance certificates (confirming rates and taxes are paid).
• The buyer pays transfer duty (if applicable) to SARS before registration.

Step 5: Lodging at the Deeds Office

• The necessary documents are lodged at the Deeds Office for processing.
• It typically takes 7-14 working days for the registration to be completed.

Step 6: Registration and Ownership Transfer

• Once registered, the buyer’s name is officially recorded as the new owner.
• The buyer receives a title deed, confirming their ownership of the property.

What Does a Conveyancer Do?

A conveyancer plays a vital role in property transactions by:

✅ Drafting and reviewing contracts (Offer to Purchase, Deed of Transfer).
✅ Conducting title deed searches to check property ownership history.
✅ Ensuring all outstanding debts (rates, taxes) are settled.
✅ Handling the Deeds Office registration process.
✅ Advising clients on legal obligations and fees.

What Are the Costs Involved in Conveyancing?

Conveyancing involves several legal fees and costs, including:

Conveyancing Fees: Paid to the conveyancer for handling the legal process.
Transfer Duty: A tax paid to SARS if the property value exceeds R1,100,000.
Deeds Office Fees: Charged for registering the property in the buyer’s name.
Municipal Clearance Fees: Paid to obtain clearance certificates.

The exact cost depends on the value of the property and the complexity of the transaction.

Need help with a property transfer? Contact our Expert Conveyancers today!

Whether you are buying or selling a home, working with an experienced conveyancer is essential to avoid delays and legal complications.

At Burger Huyser Attorneys, we provide expert conveyancing services, guiding you through the process efficiently and professionally.

Contact Burger Huyser Attorneys, and book a consultation.

To speak to one of our experienced attorneys in South Africa for immediate assistance, contact us on the numbers below:

Randburg call 061 516 6878; Roodepoort call 061 516 0091; Sandton call 064 555 3358;  Pretoria call 064 548 4838;

Centurion call 061 516 7117; Alberton call 061 515 4699; Bedfordview call 061 536 3223

DISCLAIMER: Information provided in this article does not, and is not intended to constitute legal advice. READ MORE