What is Conveyancing? A Complete Guide for South Africans

Conveyancing in South Africa is the legal process by which ownership of immovable property is transferred from one party to another, registered in the Deeds Registry, and recorded against the new owner’s title deed. Every property transfer — whether by sale, donation, divorce, or inheritance — must be carried out by a conveyancer, who is an attorney that has passed the National Conveyancing Exam and has been admitted as a conveyancer by the Legal Practice Council. The process is governed primarily by the Deeds Registries Act 47 of 1937, with sectional title transfers additionally regulated under the Sectional Titles Act 95 of 1986 and the Sectional Titles Schemes Management Act 8 of 2011.

What Conveyancing Actually Is

Conveyancing is the legal work required to effect and register a change of ownership in immovable property in South Africa. In practice, that means drafting and signing the deed of transfer, lodging it at the Deeds Registry, attending to the cancellation or registration of any bond over the property, and ultimately issuing a new title deed in the buyer’s name. The work is performed by a conveyancer — a specialist attorney admitted to practise conveyancing under the Legal Practice Act 28 of 2014, read with the Deeds Registries Act.

Conveyancing is a closed profession. Only an admitted conveyancer may prepare, attest, and lodge deeds for registration in a Deeds Registry; a general attorney can advise on property law but cannot perform the registration work itself.

The Legal Framework: Which Statutes Govern Conveyancing

Conveyancing in South Africa is shaped by a small group of statutes that together define who may do the work, what documents must be lodged, and how a transfer is processed. The principal instruments are:

• Deeds Registries Act 47 of 1937 — the principal statute, regulating the registration of deeds, the operation of Deeds Registries, and the formal requirements for deeds to be lodged and executed.
• Sectional Titles Act 95 of 1986 — governs the registration of sectional title units and the body corporate framework.
• Sectional Titles Schemes Management Act 8 of 2011 (STSMA) — the operational and governance statute for sectional title schemes, including the body corporate clearance certificate required on transfer of a unit.
• Legal Practice Act 28 of 2014 — the statute under which legal practitioners (including conveyancers) are admitted and authorised to practise.
• Alienation of Land Act 68 of 1981 — sets the formal requirements for agreements of sale, including signature, witnessing, and certain cooling-off provisions.

Who Can Do Conveyancing: The Conveyancer’s Role

A conveyancer must be an admitted attorney who has completed the National Conveyancing Exam and has been admitted by the Legal Practice Council (LPC) to practise conveyancing. Practitioners admitted before November 2018 — when the LPC took over from the former provincial law societies — were admitted by the relevant provincial Law Society; since then admission is through the LPC.

Conveyancing work is largely transactional and registry-facing. A conveyancer does not typically litigate: the role is to move the file from offer to registration, dealing with SARS, the municipality, the body corporate, the bond attorney, and the Deeds Registry along the way. This is why “conveyancing” and “property litigation” are usually two separate engagements even within the same firm.

When You Need a Conveyancer

A conveyancer is required whenever ownership of immovable property changes hands, and for almost every action that has to be recorded against the title deed:

• Sale, donation, inheritance, divorce transfer, or substitution of a trustee/owner.
• Registration or cancellation of a bond — the bond attorney is also a conveyancer.
• Buying or selling a sectional title unit (the conveyancer attends to the body corporate clearance certificate, the rules of the scheme, and the sectional title plan references).
• Any other registration in a Deeds Registry that affects title.

The Property Transfer Process, Step by Step

1. The parties sign an offer to purchase, which becomes a binding agreement once the suspensive conditions (typically bond approval and occupational interest) are fulfilled.
2. The seller instructs the transferring conveyancer (often via the estate agent’s nominated attorney, but the seller may choose their own) and the buyer instructs the bond attorney if a bond is involved.
3. The conveyancer obtains a rates clearance certificate from the municipality, a levy clearance certificate from the body corporate (for sectional title), and confirms the title deed and any interdicts against the property.
4. The conveyancer prepares the deed of transfer, attends to bond documentation if applicable, and lodges the file at the Deeds Registry once all suspensive conditions are fulfilled.
5. The Deeds Registry examines the documents, registers the transfer, and the new title deed is issued in the buyer’s name.
6. The conveyancer notifies the parties of registration, accounts for the purchase price, and the estate agent’s commission is paid from the proceeds.

Costs and Fees: What Conveyancing Typically Costs

Buyers and sellers should expect a conveyancing file to carry several distinct cost lines, not a single fee. The main components are:

Cost item	Who it is paid to	What it covers
Transfer duty	SARS (via the conveyancer)	Calculated on a sliding scale above the statutory threshold; exempt for properties below the threshold and for certain transactions such as transfers between spouses.
Conveyancing fees	The conveyancing attorney	Tariff-based (historically prescribed under the Legal Practice Act regime; conveyancers may also negotiate fees in line with the Act), and depend on the purchase-price band.
Bond registration fees	Bond attorney	Preparing and registering the bond over the property, charged separately from the transfer fee.
Rates and levy clearance fees	Municipality / body corporate	Charged for issuing the clearance certificates required before lodgement.
Deeds Office fees	Deeds Registry	Examination and registration of the deed.

Transfer duty is typically the largest single component for transactions above the statutory threshold. Conveyancing fees are usually quoted per file after review of the deed copy and any special conditions; request a written quote that distinguishes transfer duty, deeds office fees, and the conveyancer’s own fee.

Conveyancing Timelines: How Long Does It Take

A straightforward transfer typically registers within 6 to 10 weeks of the offer becoming unconditional (bond approval granted, suspensive conditions fulfilled). The main variables are bond approval turnaround, municipal rates clearance turnaround, and the workload of the relevant Deeds Registry.

Delays commonly come from:

• Outstanding rates or levy amounts still owing on the property.
• Missing or incomplete FICA documentation from the buyer — the Deeds Registry will reject lodgement without complete FICA documents.
• Unapproved building alterations not reflected on the title, which a bank may refuse to bond.
• A bond that has not yet been granted, leaving the cancellation/registration sequence out of sync.

Sectional title transfers often take longer than freehold transfers because of the body corporate’s processes for issuing levy clearance certificates under the STSMA.

Freehold vs Sectional Title: Key Differences

Aspect	Freehold (full title)	Sectional title
What is transferred	A stand or erf, with the title covering the land and the buildings on it.	A unit within a body corporate scheme, plus an undivided share in the common property.
Additional certificates required	Municipal rates clearance only.	Municipal rates clearance and a body corporate levy clearance certificate.
Governing documents to check	The title deed and any conditions of title.	The title deed, the sectional plan, the participation quota, and the rules of the body corporate.
Registration venue	Deeds Registry only.	Deeds Registry, but with a body corporate layer that freehold transfers do not have.

Common Risks and Pitfalls

Even on an apparently simple transaction, certain recurring issues derail transfers or expose the buyer to later liability. The most common are:

• Buying without a clearance certificate from the body corporate (sectional title).
• Outstanding rates or utilities being passed to the buyer on transfer.
• Unapproved building alterations that show up on the title deed and that a bank may refuse to bond.
• Failing to time the bond cancellation correctly, leaving the seller with two bonds temporarily.
• FICA non-compliance on the buyer’s side — the Deeds Registry will reject lodgement without complete FICA documents.

How to Choose a Conveyancer

Conveyancing is a regulated profession, and the choice of practitioner has a direct effect on the timeline and the quality of the file. Look for:

• Admitted conveyancer status — verify admission with the Legal Practice Council; only admitted conveyancers may attend to deeds.
• Local Deeds Registry experience — each of the nine Deeds Registries (Johannesburg, Pretoria, Cape Town, Pietermaritzburg, Bloemfontein, Kimberley, King William’s Town, Vryburg, and Mthatha) has its own quirks; a conveyancer familiar with the registering office matters.
• Transparent fee quote — fees should be quoted in writing, distinguishing transfer duty, deeds office fees, and the conveyancer’s own fee.
• Bond-side coordination — if a bond is involved, confirm whether the same firm will handle the bond registration or whether a separate bond attorney is required, and how the cost splits.
• Communication cadence — a good conveyancer provides a status update at key milestones (rates clearance lodged, file lodged at Deeds Registry, registration confirmed).

Burger Huyser Attorneys’ conveyancing practice is led by Amanda le Roux, a Notary and Conveyancer admitted at the firm’s Bedfordview branch, and the team routinely handles transfers across Gauteng at both the Johannesburg and Pretoria Deeds Registries.

Lodgement at the Deeds Registry, Not the Magistrate’s Court

Frequently Asked Questions

What is the difference between a conveyancer and an attorney?

A conveyancer is an attorney who has completed additional specialist training (the National Conveyancing Exam) and has been admitted by the Legal Practice Council to practise conveyancing. Only a conveyancer may prepare, attest, and lodge deeds for registration. A general attorney may advise on property law but cannot perform the registration work itself.

How long does conveyancing take in South Africa?

A straightforward transfer typically registers within 6 to 10 weeks of the offer becoming unconditional. The main variables are bond approval turnaround, municipal rates clearance, and the workload of the relevant Deeds Registry. Sectional title transfers often take longer because of body corporate clearance processes.

What costs are involved in conveyancing on top of the purchase price?

The main costs are transfer duty (paid to SARS and calculated on a sliding scale above the statutory threshold), the conveyancer’s fee, bond registration fees (if a bond is involved), deeds office fees, and rates and levy clearance certificates. Transfer duty is typically the largest single component for transactions above the threshold.

Can I choose my own conveyancer when buying a property?

Yes. The seller usually nominates the transferring conveyancer, but the buyer is not obliged to use the same firm for the bond side and is free to instruct a different conveyancer for the bond. The choice should be made based on the conveyancer’s admission status, fee transparency, and familiarity with the relevant Deeds Registry.

Do I need a conveyancer for an inheritance transfer?

Yes. A property inherited through a deceased estate still requires a deed of transfer to be prepared and lodged at the Deeds Registry. The work is done by a conveyancer instructed by the executor of the estate, with the cost usually settled from the estate’s funds before distribution to the heirs.

What documents does a buyer typically need to provide for conveyancing?

The buyer will need to satisfy FICA requirements (proof of identity, proof of residence, and tax reference number), the signed offer to purchase, the bond approval letter if a bond is involved, and the deposit confirmation. The conveyancer will issue the full checklist once instructed.

If you are buying, selling, or transferring immovable property and need a conveyancer to handle the transfer and registration, contact Burger Huyser Attorneys’ Bedfordview branch on 011 201 7190 (after-hours 061 536 3223) or visit the office at 45A Florence Avenue, Bedfordview, Johannesburg. The firm’s conveyancing practice is led by Amanda le Roux, a Notary and Conveyancer, and the team services transfers across Gauteng — Johannesburg, Sandton, Randburg, Pretoria, Centurion, Roodepoort, Midrand, and Bedfordview — coordinating with the Johannesburg and Pretoria Deeds Registries as the property requires. The firm carries a 4.8/5 average across 250+ Google reviews (Trustindex verified “Top Rated Law Firm in South Africa”) and offers an initial conversation on fee structure and timeline before formal engagement.