If you are buying or selling property in South Africa for the first time, you have almost certainly come across the word conveyancing — and if you are honest, you are not entirely sure what it means or who is responsible for it.
You are not alone. Conveyancing is one of the most important parts of any property transaction in South Africa, yet most buyers and sellers know very little about what it actually involves, who does it, or why it matters so much.
This guide explains exactly what conveyancing is, what a conveyancing attorney does, and what you need to know before your next property transaction — in plain language, without the legal jargon.
What is conveyancing?
Conveyancing is the legal process by which ownership of immovable property is transferred from one person to another in South Africa. It is a formal, regulated process conducted by a qualified conveyancing attorney and completed through the Deeds Office.
Put simply — when you buy a property in South Africa, the seller does not just hand over the keys and sign a piece of paper. The law requires that ownership be formally transferred in a specific way, following specific procedures, by a specifically qualified professional. That professional is a conveyancing attorney.
Until conveyancing is complete and the transfer is registered at the Deeds Office, the buyer does not legally own the property. The sale agreement gives the buyer a contractual right to the property — but legal ownership only passes on the date of registration.
What is a conveyancing attorney?
A conveyancing attorney is a qualified attorney who has passed the additional conveyancing board examination and been formally admitted as a conveyancer by the High Court of South Africa. Not every attorney can do conveyancing — it requires specific additional qualifications and admission.
In South Africa, only an admitted conveyancer can prepare and lodge the transfer documents at the Deeds Office. This is not a task that can be done by a general attorney, a paralegal, or an estate agent — no matter how experienced they are.
A conveyancing attorney in Pretoria — or anywhere else in South Africa — is responsible for the following:
- Receiving the instruction from the seller, buyer, or estate agent
- Conducting a full Deeds Office search on the property
- Ensuring all FICA (Financial Intelligence Centre Act) compliance is completed by all parties
- Obtaining the rates clearance certificate from the municipality
- Managing the cancellation of the seller’s existing bond (if applicable)
- Preparing all transfer documents
- Obtaining signatures from the seller and buyer
- Calculating and paying transfer duty to SARS on the buyer’s behalf
- Lodging all documents at the Deeds Office
- Tracking the registration and notifying all parties upon completion
Who appoints the conveyancing attorney?
In South Africa, the conveyancing attorney is typically appointed by the seller — or, in practice, by the estate agent acting on the seller’s behalf. This is the default position under South African property law: the seller’s conveyancer handles the transfer.
As the buyer, you do not get to choose the transfer attorney. However, you do have the right to know who has been appointed and to verify their qualifications. You also have the right to appoint your own attorney to review the documents on your behalf — though this is a separate engagement and comes at an additional cost.
If you are taking out a home loan, the bank will appoint a bond attorney to register the mortgage bond. This may or may not be the same firm as the transfer attorney — and the bond attorney’s fees are separate from and in addition to the transfer attorney’s fees.
The conveyancing process — step by step
The conveyancing process in South Africa follows a specific sequence. Understanding this sequence helps you know what to expect and why each step takes the time it does.
Step 1 — Instruction received
The conveyancing attorney receives the instruction — typically from the estate agent or directly from the seller. The attorney immediately requests all required documentation: the signed offer to purchase, identity documents, FICA documents, and the original title deed from the seller.
Step 2 — Deeds Office search
The attorney conducts a full search at the Deeds Office to confirm the current registered owner, identify any existing bonds over the property, and check for any endorsements, conditions, or restrictions on the title deed that must be addressed before transfer can proceed.
Step 3 — FICA compliance
All parties — seller and buyer — must complete FICA compliance. This involves providing certified copies of identity documents and proof of residential address. FICA compliance is a legal requirement in every property transaction in South Africa and cannot be skipped or deferred.
Step 4 — Rates clearance certificate
The attorney applies to the local municipality for a rates clearance certificate confirming that all municipal rates, taxes, water, and electricity accounts on the property are paid up to date — typically for three months beyond the anticipated registration date. The municipality takes time to process this application, which is one of the main causes of delay in the conveyancing process.
Step 5 — Transfer documents prepared and signed
The attorney prepares all transfer documents — the deed of transfer, power of attorney, and various declarations. The seller and buyer are called in to sign these documents before a commissioner of oaths. The transfer duty declaration is also prepared and the duty paid to SARS at this stage.
Step 6 — Deeds Office lodgement
Once all documents are in order — rates clearance received, transfer duty paid, FICA completed, and all signatures obtained — the attorney lodges the full bundle of documents at the Deeds Office. The Deeds Office examines the documents and, if everything is in order, registers the transfer.
Step 7 — Registration and notification
On the date of registration, ownership of the property formally passes to the buyer. The conveyancing attorney notifies all parties — seller, buyer, estate agent, and banks — immediately. The buyer is now the registered owner of the property.
How long does conveyancing take in South Africa?
A standard residential transfer in South Africa takes between 6 and 10 weeks from the date of instruction to registration. This timeline is influenced by several factors:
| Factor | Typical impact on timeline |
| Deeds Office workload | 1–3 weeks for examination and registration |
| Municipality turnaround for rates clearance | 2–4 weeks depending on the municipality |
| Bank response time for bond cancellation | 1–2 weeks |
| FICA compliance by all parties | Can delay the process if documents are outstanding |
| Transfer duty payment to SARS | Usually processed within a few days |
The conveyancing attorney manages all of these processes simultaneously — not sequentially — to minimise the overall timeline. A good conveyancing attorney in Pretoria will flag any delays immediately and keep all parties informed throughout.
What does conveyancing cost in South Africa?
Conveyancing costs in South Africa consist of several components. The two main costs for the buyer are the transfer attorney’s fees and, if a home loan is involved, the bond registration attorney’s fees.
Transfer attorney fees are regulated by a tariff set by the Law Society of South Africa and calculated based on the purchase price of the property. As a guideline:
| Purchase price | Approx. transfer fee (excl. VAT) | Approx. bond registration fee (excl. VAT) |
| R500,000 | R10,000 – R13,000 | R8,000 – R11,000 |
| R1,000,000 | R15,000 – R19,000 | R12,000 – R16,000 |
| R1,500,000 | R18,000 – R23,000 | R15,000 – R20,000 |
| R2,000,000 | R21,000 – R26,000 | R18,000 – R23,000 |
In addition to attorney fees, the buyer is also responsible for transfer duty (a government tax on properties above R1,100,000), the Deeds Office registration fee, and any other disbursements. Your conveyancing attorney is required to provide you with a full, itemised cost estimate before the transfer proceeds.
Why does it matter who your conveyancing attorney is?
In property law, a mistake is not just inconvenient — it can be permanently costly. A defective transfer, a missed endorsement, an overlooked condition, or a late payment can delay registration by months, expose the parties to legal liability, or in extreme cases result in a transfer that needs to be unwound through expensive court proceedings.
This is why the qualifications and experience of your conveyancing attorney matter — not just their fees. A qualified, experienced conveyancing attorney in Pretoria will identify problems before they become disputes, manage all parties proactively, and ensure that your transfer registers correctly the first time.
At M.A Maluleke Attorneys Inc, our director is an admitted conveyancer and notary public who has completed his LLB and LLM in Mercantile Law at the University of Pretoria. We are on the Department of Land Reform and Rural Development conveyancing panel — a recognition of our professional standards and compliance capability. We have successfully completed multiple high-value residential and commercial transfers, township developments, and sectional title registrations across Pretoria and South Africa.
Frequently asked questions about conveyancing
Can I do my own conveyancing in South Africa?
No. South African law requires that property transfers be conducted by a qualified and admitted conveyancing attorney. This is not a process that can be handled by the buyer, the seller, or an estate agent — regardless of their level of experience or knowledge.
Can the buyer choose the conveyancing attorney?
In most cases, the seller or the seller’s estate agent nominates the conveyancing attorney. The buyer can, however, request information about the nominated attorney’s qualifications and can appoint a separate attorney to review documents on their behalf. The buyer cannot typically insist on using their own attorney for the transfer itself.
What is the difference between a conveyancing attorney and a notary?
A conveyancing attorney is specifically admitted to handle property transfers at the Deeds Office. A notary public is admitted to authenticate and prepare certain classes of legal documents — including antenuptial contracts, notarial bonds, and documents for use outside South Africa. An attorney can be admitted as both a conveyancer and a notary, which is the case at M.A Maluleke Attorneys Inc.
What happens if something goes wrong during conveyancing?
A qualified conveyancing attorney carries professional indemnity insurance precisely for this reason. If an error occurs, the attorney is professionally and financially liable. This is another reason why the qualifications of your conveyancing attorney matter — you want someone who is properly insured and professionally accountable