What is the Role of the Conveyancer?

A conveyancer is an admitted attorney who has passed the national conveyancing examination and been authorised by the High Court under the Legal Practice Act 28 of 2014 to register the transfer of immovable property in a South African Deeds Registry. The conveyancer drafts the deed of transfer, obtains the rates clearance certificate and the transfer duty receipt from SARS, holds the purchase price in trust, and lodges the documents at the Deeds Office — after which ownership passes from seller to buyer. Only a qualified conveyancer may lodge a transfer; an ordinary attorney, an estate agent, or the parties themselves cannot. The seller nominates the transferring conveyancer; the buyer pays the transfer costs.

What a Conveyancer Is (and What Makes One Different From Any Other Attorney)

A conveyancer is first an admitted attorney, then additionally qualified: they must pass the conveyancing examination and be admitted and enrolled as a conveyancer by the High Court under the Legal Practice Act 28 of 2014. The Deeds Registries Act 47 of 1937 governs how immovable property is registered in South Africa, and only a practising conveyancer may sign and lodge a deed of transfer.

Ownership does not pass on signature of the offer to purchase, and does not pass on payment — it passes only on registration in the Deeds Registry. The conveyancer must hold a valid Fidelity Fund certificate and operate a trust account, which is what makes it safe for a buyer’s deposit to be held pending registration. Burger Huyser Attorneys performs this work through its Notarial & Conveyancing services practice, with a qualified notary and conveyancer on staff.

The Three Attorneys in a Typical Property Sale (and Who Pays Which)

Most South African transactions involve up to three separate attorneys. The table sets out who does what, who appoints them, and who foots the bill.

Role	What they do	Who usually appoints	Who usually pays
Transferring attorney (the conveyancer)	Drafts the deed of transfer, obtains clearances, lodges and registers the transfer of ownership	The seller nominates	The buyer
Bond attorney	Registers the buyer’s new mortgage bond in favour of the lending bank	The buyer’s bank appoints	The buyer
Cancellation attorney	Cancels the seller’s existing bond over the property on registration	The seller’s existing bank appoints	The seller

All three sets of documents are lodged together and register simultaneously — if one is not ready, none of them register. A delay by any one attorney holds up the whole transaction, which is why the transferring conveyancer effectively coordinates the other two. The firm’s Bedfordview office houses admitted attorneys practising as notary and conveyancer, so a matter needing both a transfer and a notarial deed can be run by one firm.

What a Conveyancer Actually Does, Step by Step

1. Receives instruction — the signed offer to purchase is sent to the conveyancer, who confirms suspensive conditions (usually bond approval) can be met.
2. Opens the file and does a deeds search — verifies the seller’s title, erf description, existing bonds, servitudes, interdicts or restrictive title conditions.
3. Requests FICA documentation — identity documents, proof of address, income tax numbers and marital status documents, required for FICA and the SARS transfer duty declaration.
4. Applies for rates and levy clearance figures — the municipality issues a rates clearance certificate; a levy clearance certificate is also needed in sectional title and HOA schemes.
5. Attends to transfer duty or VAT — submits the declaration to SARS, pays the duty (or accounts for VAT where the seller is a registered VAT vendor), and obtains the receipt or exemption.
6. Drafts the deed of transfer and supporting documents — drafts the deed and power of attorney, and arranges for the parties to sign.
7. Holds funds in trust — holds the deposit and cash portion of the price in the trust account, accounting for interest under the sale agreement.
8. Lodges at the Deeds Registry — lodges transfer, bond registration and bond cancellation together; the Deeds Office raises queries (notes) or places the matter on prep.
9. Registration — the conveyancer confirms registration; the bank pays out the loan, ownership passes to the buyer, and the seller is paid the net proceeds.
10. Post-registration — accounts to both parties, pays the agent’s commission, and delivers the registered title deed (or lodges it with the bank if bonded).

Timelines, Costs and What Causes Delays

No fixed statutory period governs how long a transfer takes; the realistic drivers are bond approval, speed of FICA document supply, municipal turnaround on rates clearance figures, and the Deeds Office examination queue. Conveyancing fees are calculated on a recommended tariff based on the purchase price, separate from transfer duty, Deeds Office lodgement fees, and the rates and levy clearance amounts.

Common delay causes: outstanding municipal accounts, an unresolved deceased estate or divorce order in the seller’s title, missing antenuptial contract documentation, an unconsented alteration needing municipal approval, and rejected documents at the Deeds Office. In Gauteng, lodgement queues are managed separately at the Johannesburg and Pretoria deeds registries, so transfers signed the same day can register weeks apart.

When You Personally Need a Conveyancer

You need a conveyancer whenever ownership of immovable property moves between registered owners in a South African Deeds Registry. The situations that often bring a member of the public to a conveyancer’s door are:

• Buying or selling a house, flat, sectional title unit or vacant land
• Transferring property out of a deceased estate, or between spouses following a divorce order
• Transferring property into or out of a trust or a company
• Subdividing or consolidating erven, or registering a servitude

Some related work is notarial rather than conveyancing — antenuptial contracts, notarial bonds and long-term lease registrations are executed by a notary public, not a conveyancer. A firm needs a specifically admitted notary as well as a conveyancer to cover the full range, which is why the practice group is listed under “Notarial & Conveyancing services” at firms that keep both on staff.

Conveyancing in Randburg and Johannesburg: Which Deeds Registry Handles Your Transfer

Gauteng is served by two separate deeds offices, and a property registers at the one holding the records for its magisterial district — broadly, Johannesburg-side property at the Deeds Registry Johannesburg and Pretoria-side property, including Centurion and Midrand-area erven, at the Deeds Registry Pretoria. Lodgement queues are managed separately at each registry, so turnaround differs.

It is worth clarifying what the local magistrate’s court does not do. Property transfers are never registered there, and a buyer will not attend court — signing happens at the conveyancer’s offices and registration at the Deeds Registry, without either party appearing before a judicial officer.

Burger Huyser Attorneys takes conveyancing and notarial instructions from its head office at 49 First Avenue, Linden, Randburg (011 888 0246, mobile 061 516 6878), Monday to Friday 7:30am to 4:30pm, with branches across Gauteng in Sandton, Midrand, Roodepoort, Bedfordview, Alberton, Centurion and Pretoria. The firm is a member of the Johannesburg Attorneys Association and the Pretoria Attorneys Association, which span both deeds registries.

Frequently Asked Questions

What is the difference between a conveyancer and an attorney?

Every conveyancer is an attorney, but not every attorney is a conveyancer. A conveyancer has additionally passed the national conveyancing examination and been admitted and enrolled by the High Court, which authorises them to lodge a deed of transfer. An ordinary attorney may advise on a sale but cannot register the transfer.

Who chooses the conveyancer, the buyer or the seller?

In a standard sale the seller nominates the transferring attorney, usually recorded in the offer to purchase. The buyer nonetheless pays the transfer costs. A buyer who wants a say should raise it before signing, because the appointment is contractual rather than fixed by law.

Do I own the property once I have paid for it?

No. Ownership passes only on registration of the transfer in the Deeds Registry, not on signature of the sale agreement and not on payment. Until registration, the purchase price sits in the conveyancer’s trust account and the seller remains the registered owner.

What does a conveyancer need from me?

Expect to provide FICA documents (identity document, proof of address and income tax number), marital status documentation such as a marriage certificate or antenuptial contract, and bank details. Sellers should also supply municipal account details and, where applicable, body corporate or HOA details so clearance figures can be requested early.

Is a conveyancer the same as a notary?

No, though one attorney can hold both qualifications. A conveyancer registers transfers and bonds in the Deeds Registry; a notary executes notarial deeds such as antenuptial contracts, notarial bonds and long-term leases. Burger Huyser Attorneys has both on staff.

What happens if the Deeds Office rejects the documents?

The registry raises queries (notes) and the conveyancer corrects and relodges the affected documents. Because transfer, bond registration and bond cancellation must register simultaneously, a note on any one of them delays the entire transaction until cleared.

Need a conveyancer in Gauteng? Burger Huyser Attorneys attends to conveyancing and notarial work through its Notarial & Conveyancing services practice, with a qualified notary and conveyancer on staff. Contact the head office at 49 First Avenue, Linden, Randburg on 011 888 0246 (mobile 061 516 6878), Monday to Friday 7:30am to 4:30pm. Clients regularly single out the firm for being straightforward about costs and timelines — a theme running through the 4.8/5 average across 250+ Google reviews (Trustindex verified).