Buyer and Seller Guide
The Residential Transfer Process Explained
Conveyancing is the legal process of transferring ownership of a property from seller to buyer at the South African deeds office. This is the step-by-step view of what happens between offer acceptance and registered ownership, the parties involved, and the typical timelines under the Deeds Registries Act 47 of 1937 and the Alienation of Land Act 68 of 1981.
Authored by the Africa Estate residential specialist team.
The three conveyancing workstreams
Every residential transfer in South Africa runs three workstreams in parallel: the transfer (ownership change), the bond cancellation (seller side bond extinguished), and the bond registration (buyer side new bond recorded). Each is handled by a different attorney appointed by a different party. All three must complete before the deeds office can register the transfer.
The transfer attorney is appointed by the seller and runs the master timeline. The bond attorney is appointed by the buyer bank. The bond cancellation attorney is appointed by the seller bond bank. The three attorneys communicate constantly and lodge together at the deeds office on the registration day.
Stage 1: Offer becomes unconditional
The signed offer to purchase is subject to suspensive conditions (most commonly the bond grant within a stated number of days). On bond grant, the suspensive condition is fulfilled and the sale becomes unconditional. The transfer conveyancer is now formally instructed and the clock starts.
Stage 2: Transfer attorney opens the file
The transfer attorney requests title deed copies from the seller bond bank (which holds the original), FICA documents from buyer and seller, marriage certificates or antenuptial contracts where applicable, and the bond cancellation figures from the seller bond bank. This stage typically runs two to four weeks.
Stage 3: Rates clearance and compliance certificates
The transfer attorney applies to the municipality for rates clearance figures. The seller pays the clearance amount in advance, which covers rates and services up to a stated forward date (typically 60 to 120 days ahead). The municipality then issues the rates clearance certificate that the deeds office requires.
In parallel, the seller arranges and pays for all compliance certificates required by law or the offer: electrical compliance (mandatory under the Electrical Installation Regulations 2009), gas compliance (if gas is installed), beetle (regional), electric fence compliance (if installed), and plumbing or geyser compliance (Cape Town only). Certificates are submitted to the buyer or the buyer attorney.
Stage 4: Transfer duty and SARS clearance
The buyer pays transfer duty (where applicable) directly to SARS through the transfer attorney trust account. SARS issues a transfer duty receipt that the deeds office requires. The 2025/2026 SARS scale applies, with the first R1.21 million exempt from transfer duty. See the dedicated transfer duty guide for the full sliding scale.
Stage 5: Deeds office lodgement
When all documents are in order (transfer documents signed, rates clearance issued, SARS receipt obtained, bond grant and registration documents ready, bond cancellation figures confirmed), all three attorneys lodge their respective packs at the deeds office on the same day. The deeds office examiners review each pack independently, typically over a two to four week period.
Stage 6: Registration
When all examiners have cleared the documents, the transfer registers and the new title deed reflects the buyer as registered owner. The new bond is registered against the title deed and the old bond is cancelled in the same registration event. The transfer attorney pays the seller the net proceeds (price less bond settlement, commission, certificates, clearance, attorney fees).
Stage 7: Post-registration
The municipal rates account is transferred to the buyer name. The buyer arranges electricity meter registration and any other service accounts. If the buyer occupied before transfer, the occupation rental stops on registration. The seller hands over keys, alarm codes, gate remotes, and the buyer becomes the full registered owner.
Buying or selling in your area?
The Africa Estate residential specialist for your suburb walks every buyer and seller through this process. Contact the office for a no-obligation conversation.
Frequently asked questions
Who appoints the conveyancer?
In South African residential practice, the seller appoints the transfer attorney. The buyer pays the transfer attorney fees but does not choose the firm. The buyer bank appoints the bond attorney separately, who is paid from bond registration costs.
How long does transfer take?
Eight to twelve weeks is typical from signed and unconditional offer to registered ownership. Faster is possible if all parties move quickly on documentation and the deeds office has spare capacity; slower if rates clearance is delayed, the seller bond bank is slow on cancellation figures, or the buyer bond grant takes longer than expected.
What is rates clearance?
A municipal rates clearance certificate confirms the seller has paid all rates, services and special levies up to a stated forward date (typically 60 to 120 days ahead). The deeds office will not register transfer without this certificate. The seller pays the clearance amount in advance to the municipality.
What is the FICA requirement?
The Financial Intelligence Centre Act 38 of 2001 requires conveyancers to verify the identity, residential address and source of funds of every party to a property transaction. You will be asked for a certified copy of ID, proof of address (utility bill under three months old), proof of source of funds (bank statements or salary slip), and a marriage certificate or antenuptial contract if applicable.