• Sep 1, 2025
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Buying property is one of the most important milestones in life. For many South Africans, it represents security, stability, and a major financial investment. However, behind the excitement of signing an offer to purchase lies a complex legal process that determines whether your property transaction is valid, enforceable, and secure. This is where a conveyancing attorney becomes essential. In South Africa, property ownership cannot change hands without a qualified conveyancer overseeing the process. Attempting to handle the transfer on your own — or relying on someone without the right expertise — can lead to costly delays, disputes, or even financial loss. In this article, we’ll unpack everything you need to know about why you need a conveyancing attorney when buying property in South Africa. From legal insights and step-by-step guidance to cost breakdowns and risks, this comprehensive guide will help you understand the importance of having the right legal professional by your side.

What Is a Conveyancing Attorney?

A conveyancing attorney (also known simply as a “conveyancer”) is a legal professional who specializes in property law. They have passed the national conveyancing examination and are admitted to practise as conveyancers in South Africa. Their primary responsibility is to ensure the lawful transfer of ownership of immovable property (land, houses, flats, or commercial buildings) from the seller to the buyer. Conveyancers:

• Draft and verify all legal documents related to the transfer.
• Ensure compliance with South African property law.
• Manage payments such as transfer duty and municipal rates clearance.
• Register the transfer at the Deeds Office.
• Protect the financial and legal interests of both the buyer and seller.

Without a conveyancing attorney, property transfers cannot be legally registered, making their role indispensable.

Why a Conveyancing Attorney Is Essential When Buying Property

1. Guaranteeing a Legal Transfer

In South Africa, ownership of property is only recognised once the transfer is registered at the Deeds Office. A conveyancer ensures all documents — including the title deed — are properly drafted, signed, and lodged.

2. Protecting Buyers From Hidden Risks

Without due diligence, buyers may inherit:

• Outstanding municipal rates and levies.
• Title deed restrictions.
• Boundary disputes.
• Illegal building alterations.

A conveyancer ensures all these issues are identified and resolved before transfer.

3. Drafting and Reviewing Contracts

Your conveyancing attorney reviews the Offer to Purchase and other contracts, ensuring compliance with property law. They’ll flag unfair clauses and make sure your rights as a buyer are protected.

4. Secure Handling of Funds

Conveyancers hold all purchase funds in a regulated trust account, giving buyers peace of mind that their money is safeguarded until the property is officially registered.

5. Liaising With Banks and Stakeholders

The transfer process involves estate agents, banks, SARS, municipalities, and the Deeds Office. Your conveyancer coordinates with all these parties to avoid unnecessary delays. Understanding the Property Transfer Process in South Africa The conveyancing process is detailed and time-sensitive. Here’s how it typically works:

1. Offer to Purchase (OTP) is signed.
2. Seller appoints a conveyancer (unless otherwise agreed).
3. Conveyancer drafts transfer documents and requests FICA documentation.
4. Municipal clearance figures are obtained for rates, water, and electricity.
5. Levy clearance requested (if the property is sectional title).
6. Transfer duty calculated and paid to SARS (or VAT if applicable).
7. Bond registration arranged by bond attorneys (if buyer requires finance).
8. Lodgement of documents at the Deeds Office.
9. Examination process (7–10 working days).
10. Registration of transfer — ownership is officially recorded.

This process usually takes between 8–12 weeks depending on municipal clearance and bond approval timelines. Cost Breakdown: What You’ll Pay When Buying Property Many buyers underestimate the additional costs beyond the purchase price. A conveyancing attorney will help you budget correctly by explaining all costs upfront.

1. Conveyancing Fees

• These are professional fees payable to your conveyancer for handling the transfer.
• Regulated by the Legal Practice Council guidelines.
• Based on a sliding scale according to the property purchase price.

Example: On a R1,000,000 property, transfer attorney fees may be ±R20,000 (excluding VAT and disbursements).

2. Transfer Duty (SARS Tax)

• A tax payable to SARS on property transactions over R1,100,000 (2025 threshold).
• First R1,100,000 is tax-free; thereafter, a sliding scale applies.
• Paid before transfer can be lodged.

3. Bond Registration Fees

• If you finance the purchase with a bank loan, separate bond attorneys will register the bond.
• Fees also based on property value.

4. Municipal Clearance Figures

• Seller must settle outstanding rates, water, and electricity charges before transfer.
• Buyer may be required to pay a pro-rata share for the month of registration.

5. Levy Clearance (Sectional Title Properties)

• For properties in complexes or estates, the body corporate must issue a levy clearance certificate.

6. Other Disbursements

• Postage, Deeds Office search fees, courier costs, and administrative charges.

💡 Tip: Ask your conveyancer for a pro forma cost estimate early in the process to avoid surprises.

Risks of Not Using a Conveyancing Attorney

Many buyers assume that once they’ve signed an OTP and paid the purchase price, ownership is automatic. This is a dangerous misconception. Without a qualified conveyancer, you expose yourself to serious risks:

• Invalid transfer — Property cannot be legally registered in your name.
• Financial loss — Funds could be mishandled without a regulated trust account.
• Undisclosed liabilities — You may inherit municipal debts or levies.
• Fraudulent transfers — Property scams are common; a conveyancer ensures authenticity.
• Delayed occupation — Without legal clearance, moving in can be postponed indefinitely.
• Boundary or title deed disputes — Failure to check restrictions can lead to litigation.

Simply put: the risks far outweigh the costs.

Property Law Insights Every Buyer Should Know

1. The Role of the Deeds Office

All property transfers in South Africa are lodged and registered at one of the country’s Deeds Offices. Once registered, the ownership change is public record and legally binding.

2. Transfer Duty vs VAT

• If the seller is a VAT-registered vendor and the sale is part of their enterprise, VAT applies instead of transfer duty.
• If not, transfer duty applies. A conveyancer will advise which applies to your transaction.

3. Title Deed Restrictions

Certain properties may have restrictive conditions in their title deed, such as servitudes or building limitations. These must be checked before purchase.

4. Sectional Title vs Freehold Transfers

• Freehold property: You own the land and improvements.
• Sectional title: You own a unit and share responsibility for common areas. Transfers require levy clearance from the body corporate.

5. Alienation of Land Act

This Act governs the sale of immovable property in South Africa. It requires property sales to be in writing and signed by both parties — verbal agreements are invalid.

Case Study: How a Conveyancing Attorney Prevented a Costly Mistake

A Johannesburg buyer signed an OTP for a property only to later discover outstanding municipal bills of over R150,000. Because the conveyancing attorney conducted a rates clearance check, the seller was legally obliged to settle the debt before transfer. Without this step, the buyer would have inherited the arrears. This example highlights how crucial conveyancers are in protecting buyers.

Choosing the Right Conveyancing Attorney

When selecting a conveyancer, consider:

• Experience: Do they specialize in property law?
• Communication: Will they provide regular updates?
• Location: Familiarity with your local Deeds Office speeds up transfers.
• Fee transparency: Are costs clearly explained?

Why Choose Our Conveyancing Attorneys

At our law firm, we offer:

• Fast and efficient transfers across South Africa.
• Transparent pricing with no hidden costs.
• Dedicated communication — we update you every step of the way.
• Proven experience in residential, sectional title, and commercial property transfers.

We don’t just process transfers — we protect your investment.

Final Thoughts

Buying property is exciting, but it is also a legally complex transaction. With property values on the rise in South Africa, the stakes are high. A trusted conveyancing attorney ensures that your investment is secure, your rights are protected, and your property ownership is legally recognized. Don’t take risks with one of the biggest financial commitments of your life. Partner with experienced conveyancers who can guide you through every step of the process. That’s where Zizipa Attorneys comes in. 📞 Contact our conveyancing attorneys today to begin your property journey with confidence.