Conveyancing Timeline South Africa

Conveyancing Timeline South Africa: A practical guide from offer to registration

Definition of the key phrase: Conveyancing Timeline South Africa refers to the ordered sequence of legal and administrative steps required to transfer ownership of immovable property from seller to buyer under South African law—from signing the offer to purchase, through bond and transfer preparation, to registration in the Deeds Office and delivery of the new title deed.

Conveyancing Timeline South Africa: What the process covers and who does what

At a high level, the Conveyancing Timeline South Africa begins when the buyer and seller sign an offer to purchase (OTP). The OTP becomes the blueprint for the transfer. Three specialist law firms can become involved:

• Transfer (conveyancing) attorneys act for the seller and prepare/lodge the transfer documents.

• Bond (registration) attorneys act for the bank granting the buyer a home loan and register the mortgage bond.

• Cancellation attorneys act for the seller’s bank to cancel any existing mortgage bond.

All three firms “link” their matters and lodge them together as a set at the Deeds Office so that transfer, bond registration, and bond cancellation are examined and registered on the same day. The Deeds Registries Act 47 of 1937 (particularly s 16) makes clear that ownership of land passes only upon registration in a Deeds Registry. Municipal rates clearance (Municipal Systems Act s 118), transfer duty (Transfer Duty Act), levy clearances for sectional title (Sectional Titles Act s 15B(3)(a)), and FICA identification (FICA) are among the statutory checkpoints built into the timeline.

Step 1: Offer to Purchase and suspensive conditions

The OTP must comply with the Alienation of Land Act 68 of 1981, which requires a sale of land to be in writing and signed by the parties (s 2(1)). Many OTPs contain suspensive conditions—most commonly that the buyer obtains bond approval, sells another property, or secures approval for a building line relaxation or subdivision. No transfer can begin until these conditions are met or waived. If the sale results from direct marketing to a consumer in certain circumstances, a Consumer Protection Act cooling-off right may exist (CPA s 16), but it rarely applies to ordinary private sales. There is also an Alienation of Land Act statutory cooling-off for certain lower-value sales (s 29A—thresholds change periodically), which is strictly technical: when in doubt, ask your conveyancer.

Conveyancing Timeline South Africa: Appointing the conveyancer and opening the file

Unless the OTP says otherwise, the seller usually nominates the transfer attorneys. Early appointment accelerates the Conveyancing Timeline South Africa because the firm can request the title deed, bond figures, municipal statements, body corporate/HOA clearances, and obtain property information right away. If the original title deed is misplaced, the conveyancer must prepare a VA copy application at the Deeds Office, which adds weeks. If the seller is a deceased estate, insolvent estate, company, or trust, the conveyancer will request the necessary Masters’ letters, company resolutions, or trustee authorities under the Deceased Estates Act, Companies Act, and Trust Property Control Act—again, best started early.

Step 2: FICA, KYC and source-of-funds checks

Under the Financial Intelligence Centre Act 38 of 2001 (FICA), attorneys must identify and verify clients and, in some matters, establish source of funds and source of wealth. Buyers and sellers should supply ID documents, proof of physical address, company/trust constitutive documents (if applicable), tax numbers, and banking details promptly. FICA gaps are a common, avoidable delay.

Step 3: Bond approval and bond attorney instructions

If the OTP is subject to a home loan, the buyer obtains bond approval. The bank then instructs bond attorneys (from its approved panel) to:

1. prepare the bond documents;

2. arrange signature; and

3. issue guarantees in favour of the transfer attorneys for the purchase price balance.
   Where the seller has an existing bond, that bank instructs cancellation attorneys to obtain settlement figures and prepare the bond cancellation. The three attorney firms then exchange pro forma statements (who pays what, and when) and agree a lodgement date.

Conveyancing Timeline South Africa: duties, rates and levies

To keep the Conveyancing Timeline South Africa moving, the transfer attorneys must secure the following clearances:

• Transfer duty/VAT: Under the Transfer Duty Act 40 of 1949, SARS issues an electronic transfer duty receipt or exemption after the buyer pays duty (if VAT applies instead, proof of VAT compliance is required).

• Municipal rates clearance: Section 118 of the Municipal Systems Act 32 of 2000 requires a certificate proving that municipal charges for the two years preceding application have been settled. The certificate is valid for a limited time; attorneys carefully time lodgement to avoid expiry.

• Levy clearance: For sectional title units, Sectional Titles Act s 15B(3)(a) requires a body corporate certificate confirming levies are paid; for HOA-governed estates, the constitution typically demands an HOA consent/clearance.
  Where a transfer arises from a subdivision or consolidation, SPLUMA s 53 may require a municipal land use compliance certificate for the registrar to proceed.

Step 4: Consents, certificates and special cases

Compliance certificates are often contractual—and sometimes statutory—components of a clean transfer:

• Electrical Certificate of Compliance (CoC) under the OHS Act Electrical Installation Regulations (widely required contractually and by lenders).

• Electric Fence System CoC (Electric Fence Regulations) when applicable.

• Gas CoC under the Pressure Equipment Regulations where gas is installed.

• Plumbing/Water certificate in municipalities that require it (e.g., City of Cape Town Water By-law).
  Other consents include spousal consent for transfers out of a joint estate (Matrimonial Property Act s 15), consent of the Master for estate transfers, and company/trust resolutions. The conveyancer checks the title deed for restrictive conditions and the property’s SG diagram for servitudes; some require consent to transfer.

Conveyancing Timeline South Africa: drafting and signing transfer and bond documents

With clearances in motion, transfer attorneys draft the Power of Attorney to Pass Transfer, Transfer Duty declarations, and transfer documents; bond attorneys draft bond documents; cancellation attorneys prepare cancellation consents. Parties sign at the attorneys’ offices or before a commissioner of oaths abroad. Electronic signatures are not sufficient for the deed of sale (Alienation of Land Act requires a “wet-ink” signature), and the ECTA specifically excludes from e-signatures documents where legislation requires writing and signature.

Conveyancing Timeline South Africa: lodgement at the Deeds Office

Once guarantees are in place and all clearances, consents, and documents align, the three attorney firms lodge simultaneously. Lodgement starts the countdown for the deeds office registration time South Africa buyers always ask about. While times fluctuate by office and workload, a practical range post-lodgement is 7–15 working days, provided there are no rejections.

Attorneys track their batch throughout the Deeds Office workflow and respond to notes raised by examiners. If an examiner rejects the batch (for example, a technical mismatch in names or numbers), the matters must be re-lodged, adding days or weeks.

Conveyancing Timeline South Africa: Deeds Office flow—examination to registration

The Deeds Office flow typically includes:

1. Data capture and prep (lodgement hall);

2. First examination;

3. Second/third examination (quality control);

4. Prep for registration; and

5. Execution/registration before a Registrar of Deeds.

Under Deeds Registries Act s 3, the registrar maintains the register and supervises examinations; under s 16, ownership passes on registration, not on payment or occupation. After execution, the deeds are micro-filmed/scanned, and the original title deed (and mortgage bond) are released to the lodging attorneys some weeks later for delivery to the owner/bank.

Conveyancing Timeline South Africa: after registration—occupational rent, guarantees and payouts

On the day of registration, the buyer becomes the legal owner. Banks honour guarantees to the transfer attorneys, who settle the seller’s bond cancellation, pay rates/levies reconciliations, agents’ commission, and the seller’s net proceeds. Occupational arrangements (e.g., the buyer occupies before transfer and pays occupational rent) end according to the OTP terms. The conveyancer then issues registration letters to both parties and the estate agent, and later delivers the original title deed (or bond) to the rightful recipient.

Conveyancing Timeline South Africa: common conveyancing delays—causes and solutions

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Common bottlenecks and practical fixes along the Conveyancing Timeline South Africa include:

• Missing FICA/KYC: Late delivery of IDs, proof of address, or corporate documents. Solution: provide certified copies and complete FICA forms immediately; foreign clients should prep notarised/apostilled copies early.

• Suspensive conditions: Buyers wait for bond approval or sale of their property. Solution: realistic deadlines, pre-qualification, and proactive follow-ups with banks/estate agents.

• Municipal rates clearance: Backlogs or queried accounts. Solution: seller should settle disputes early; attorneys should apply as soon as figures become “rates clearance ready” and watch certificate validity periods.

• Levy/HOA clearance: Arrears, special levies, or consent issues. Solution: the seller should obtain levy statements and provide the managing agent’s details on day one; settle special levies contractually.

• SARS transfer duty: Delays where declarations don’t match, or when trusts/companies lack tax numbers. Solution: accurate declarations and prompt duty payment; ensure tax registrations are in place.

• Title deed/bond retrieval: Original deed lost or with another attorney. Solution: order a VA copy immediately or recall the original before opening guarantees.

• Deceased/insolvent estates: Missing Masters’ authorities or consents. Solution: engage the estate’s attorney early; prepare necessary resolutions and consents.

• Deeds Office rejections: Name mismatches, property description errors, or non-compliant drafting. Solution: meticulous proofreading and swift compliance with examiners’ notes.

• Certificates: Electrical, gas, plumbing, and electric fence certificates outstanding. Solution: appoint qualified contractors promptly; schedule remedial work early.

• Occupation logistics: Early occupation without clarity on dates, rent, or risk. Solution: keep to written OTP terms; insure appropriately.

Conveyancing Timeline South Africa: buyer and seller checklists to speed up property transfer South Africa

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Buyers

• Obtain bond pre-qualification and keep payslips, bank statements, and ITC consent ready.

• Deliver FICA documents within 24–48 hours of request.

• Pay deposit and transfer duty immediately when called for.

• Review and sign bond and transfer documents promptly—no open-ended diary dates.

• Keep marital status proof (marriage certificate/ANC) and spousal consents ready where needed.

• If offshore, arrange notarial signing and apostilles early.

Sellers

• Provide the title deed (and bond account details) to the transfer attorneys on instruction.

• Request settlement figures from your bank and authorise bond cancellation immediately.

• Prepare for rates/levy clearances; settle arrears and obtain body corporate/HOA contacts.

• Arrange compliance certificates (electrical, gas, plumbing, electric fence) at the start.

• If a company/trust, sign board/trustee resolutions; if a deceased estate, ensure Masters’ letters are available.

• Clarify move-out and occupation dates with your agent to avoid last-minute disputes.

How long does conveyancing take in South Africa? Realistic benchmarks and tips

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There’s no single national deadline, but the following practical benchmarks help:

• From OTP to lodgement: 6–10 weeks in a straightforward freehold sale without unusual certificates or consents.

• Deeds office registration time South Africa after lodgement: typically 7–15 working days, depending on the specific Deeds Office’s workload and whether notes/rejections arise.

• Complexities add time: VA copy title deeds (+3–6 weeks), deceased estate or trust approvals (+2–8 weeks), SPLUMA certificates (variable by municipality), levy disputes, or extensive remedial work for certificates.

• Fast-track mindset: deliver documents within 48 hours, approve statements quickly, and maintain one decision-maker on each side to sign documents without delay.

FAQ: Conveyancing Timeline South Africa (detailed answers)

1) What is the Conveyancing Timeline South Africa in one sentence?

It is the end-to-end sequence—from a valid signed OTP, through clearances, bond registration/cancellation, and Deeds Office examination, to the legal transfer of ownership upon registration (Deeds Registries Act s 16).

2) Who appoints the transfer attorneys?

Usually the seller, unless the OTP says otherwise. The transfer firm coordinates the bond and cancellation attorneys and is the “quarterback” of the transaction.

3) How long does conveyancing take in South Africa from OTP to transfer?

In a straightforward matter, 8–12 weeks is a realistic range—about 6–10 weeks to prepare for lodgement, plus 7–15 working days inside the Deeds Office. Complexities can extend this.

4) What is the deeds office registration time South Africa once lodged?

Expect roughly 7–15 working days in normal conditions. Each Deeds Office differs; rejections or backlogs extend the period.

5) Can we sign documents electronically?

The Alienation of Land Act requires a land sale to be in writing and signed; standard practice is wet-ink signatures. The ECTA excludes from e-signature recognition documents that a law requires to be signed in writing—this includes OTPs for land.

6) Why do attorneys insist on so many documents (FICA)?

FICA compels attorneys to identify/verify clients and, when called for, confirm source of funds/wealth. Non-compliance exposes firms to penalties and can halt a transfer.

7) What happens if the buyer’s bond is not approved in time?

If bond approval is a suspensive condition and it is not met by the deadline, the sale usually lapses automatically, unless the parties agree in writing to extend or waive it.

8) What does s 118 of the Municipal Systems Act mean for me as a seller?

You must obtain a rates clearance certificate proving municipal charges for the preceding two years are paid. Without it, the registrar cannot register the transfer.

9) I am selling a sectional title unit—what extra step is there?

You need a levy clearance certificate from the body corporate (Sectional Titles Act s 15B(3)(a)). Any arrears or special levies must be settled or otherwise resolved.

10) Which compliance certificates are really “legal” and which are contractual?

The Electric Fence Regulations and Gas/Pressure Equipment Regulations impose statutory certification; Electrical and plumbing certificates are often required by lenders and contracts and may be mandated by municipal by-laws (e.g., City of Cape Town). Your OTP usually spells out who must provide and pay for each.

11) How can we speed up property transfer South Africa in practice?

Provide FICA documents within 48 hours, clear municipal and levy accounts early, sign documents promptly, and keep a single authorised signatory available. Pro-active estate agents help by collecting certificates and coordinating access.

12) What if the seller’s title deed is lost?

The conveyancer applies for a VA copy title deed at the Deeds Office with prescribed affidavits and notices. This typically adds 3–6 weeks before lodgement.

13) Will I get the original title deed on registration day?

Not immediately. After registration, the Deeds Office processes and releases the originals to the lodging attorneys a few weeks later. If there is a bond, the bank keeps the title deed.

14) Our transaction involves a deceased estate—what changes?

Transfers out of deceased estates require the Master’s authority (letters of executorship/letters of authority) and executor’s consent. This can add timelines not present in ordinary transfers.

15) Does VAT replace transfer duty?

Where the seller is a VAT vendor and the sale is part of an enterprise, VAT may apply instead of transfer duty. Attorneys will ask for the seller’s VAT registration and SARS compliance to determine the correct tax treatment.

16) Can the buyer occupy before transfer?

Yes, if agreed in the OTP. Occupational rent, insurance, and risk should be clearly provided. Ownership still passes only on registration.

17) What are the main conveyancing delays causes and solutions?

Missing FICA, slow bond approval, rate/levy arrears, unresolved certificates, and Deeds Office rejections are typical. The solution is early preparation, accurate paperwork, and fast responses to attorney requests.

18) What is the conveyancing process timeline South Africa for a cash deal?

Cash deals remove bond registration and bond cancellation from the chain, often shaving 2–3 weeks off preparation. You still need transfer duty (or exemption), rates/levies clearances, and all required certificates before lodgement.

19) Are there special rules for land created by subdivision or consolidation?

Yes. Under SPLUMA s 53, registrars often require a municipal land use compliance certificate confirming the new land unit complies with spatial planning approvals before registration.

20) Do companies and trusts face extra steps?

Yes. Companies must pass board resolutions (Companies Act 71 of 2008), and trusts need trustee resolutions and valid letters of authority (Trust Property Control Act 57 of 1988). Missing corporate governance documents commonly delay lodgement.

References (legal authorities and why they matter)

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Useful Links

• Chief Registrar of Deeds (South African government) – Official high-level guidance on deeds registration and the role of Deeds Offices; helpful for understanding examiner processes and why registration formalities are strict.

• SARS – Transfer Duty – Practical information on transfer duty, rates, e-filing, and receipts/exemptions that must be produced before lodgement.

• Gov.za – Alienation of Land Act – Access to the principal statute governing land sale formalities, including s 2(1) and the s 29A cooling-off framework.

This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for errors, omissions, loss, or damage arising from reliance upon any information herein. Don’t hesitate to contact Meyer and Partners Attorneys Incorporated if you require further information or specific and detailed advice. Errors and omissions excepted (E&E).

Meyer and Partners Attorneys have offices in Centurion and can assist with all of your Family Law, Civil Law, Contractual, and labour-related matters.