Conveyancing in South Africa Explained: What Happens Between Offer and Transfer
ooba Bloemfontein
Between signing the offer to purchase and getting the keys, a legal process called conveyancing takes place. Most buyers have no idea what is happening or why it is taking so long. Here is exactly what happens step by step.
Conveyancing typically takes six to ten weeks. The process runs in the background and there is little you need to do once it starts, but knowing what is happening and why prevents the anxiety that comes from waiting in the dark. The fastest thing you can do is respond quickly when the attorney asks for documents or payment.
You have signed the offer to purchase, your bond has been approved, and now you are waiting. And waiting. Six to ten weeks can feel like a long time when all you want is the keys to your new home.
Here is exactly what is happening during that time.
What Is Conveyancing?
Conveyancing is the legal process of transferring ownership of a property from one person to another. In South Africa, all property transactions must be registered at the Deeds Office to be legally effective. This process is handled by specialist attorneys called conveyancers.
There are typically two sets of attorneys involved in a property purchase:
The transferring attorney -- appointed by the seller, responsible for transferring ownership of the property into your name.
The bond registration attorney -- appointed by the bank, responsible for registering the home loan against the property in the Deeds Office.
Both processes must be completed simultaneously. The property is transferred and the bond is registered on the same day at the Deeds Office.
Step by Step: What Happens After Bond Approval
Week 1 to 2: Instruction and FICA Both attorneys receive instructions from the seller or bank. They contact you for FICA documents: certified copies of your ID, proof of residence and proof of income. Complete these requests immediately. Any delay here delays everything downstream.
Week 2 to 4: Costs and transfer duty The transferring attorney issues a cost estimate and requests payment of transfer costs, including transfer duty if applicable, attorney fees and Deeds Office fees. Pay these promptly. SARS must issue a transfer duty receipt before the attorneys can lodge at the Deeds Office. Processing can take one to three weeks.
Week 3 to 5: Document preparation Both attorneys prepare the legal documents: the deed of transfer, the bond documents, power of attorney and supporting certificates. You will be asked to sign certain documents, sometimes in person at the attorney's office.
Week 5 to 7: Rates clearance The transferring attorney obtains a rates clearance certificate from the municipality, confirming all outstanding rates and taxes on the property have been settled. If the seller has arrears, these must be resolved before the certificate is issued.
Week 6 to 9: Lodgement at the Deeds Office Once all documents are in order, both sets of attorneys lodge simultaneously at the Deeds Office. The Deeds Office examines the documents, which takes approximately five to ten working days.
Week 7 to 10: Registration If no queries are raised, the documents are registered. The property is now legally in your name and the bond is registered against it. The transferring attorney notifies all parties and the keys are released.
What You Pay and When
Transfer costs, including the transferring attorney's fee, transfer duty and Deeds Office fees, are typically requested early in the process and must be paid before lodgement.
Bond registration costs, including the bond attorney's fee and Deeds Office fees, are also payable before lodgement.
Use our bond and transfer cost calculator to estimate what you will pay.
Why Delays Happen
The most common causes of delay are:
- Outstanding FICA documents from the buyer
- Unpaid transfer costs
- Transfer duty processing delays at SARS
- Outstanding rates or levies on the property
- Queries raised by the Deeds Office
- Missing signatures or incorrect documents
The single most effective thing you can do to speed up the process is respond to every attorney request within 24 hours and pay all costs immediately when requested.
WhatsApp Melinda if you have questions about where your transfer is in the process. We liaise with attorneys on your behalf throughout.
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