What Is Conveyancing? The Complete Guide for South African Buyers and Sellers

You've found your dream home. The price is right. The offer is accepted, you over the moon. And then someone mentions the word "conveyancing" and suddenly, you're lost.

Conveyancing is one of those terms that everyone in property throws around, but few people actually understand. Yet it's the single most important legal process in buying or selling a home. Without it, ownership doesn't transfer, the bank won't register your bond, and you don't get the keys.

This guide covers everything you need to know about conveyancing in South Africa what it is, why it matters, how it works, what it costs, and how to avoid delays.

What Is Conveyancing?

In simple terms, conveyancing is the legal process of transferring property ownership from one person to another. It involves preparing, signing, and registering all the necessary documents to ensure that the buyer legally becomes the new owner.

The process is governed by South African property law specifically the Deeds Registries Act and can only be handled by a qualified conveyancer.

A conveyancer is a specialist attorney who has completed additional training and examinations to become qualified to handle property transfers. In South Africa, all property transfers must be processed by a conveyancer.

Key point: Conveyancing is not optional. You cannot legally transfer ownership of a property in South Africa without a conveyancer.

For a broader look at what ownership itself entails — including the different types of title and how ownership is proven — see our complete guide to property ownership in South Africa.

Why Is Conveyancing Important?

Conveyancing isn't just bureaucracy. It's a system designed to protect everyone involved in the transaction.

Who Does Conveyancing?

A conveyancer is a legal professional who specialises in property transfers. In South Africa, a conveyancer is typically an admitted attorney with specialised knowledge of property law, the Deeds Registries Act, and the practical processes required to transfer ownership at the Deeds Office.

To become a conveyancer:

• You must first qualify as an attorney
• You must complete a conveyancing course (NQF level 4 and 6)
• You must pass the conveyancing examination
• You must be registered with the Law Society of South Africa

Day-to-day, a conveyancer:

• Drafts and checks title deeds
• Arranges rates clearances from municipalities
• Calculates and pays transfer duty to SARS
• Lodges documents with the Deeds Office
• Ensures the buyer's title is properly registered

The 3 Types of Conveyancing Attorneys

In a typical property sale, three different conveyancing attorneys work behind the scenes. Each has a distinct role.

1. Transferring Attorney: The transferring attorney oversees the entire transfer process. They are appointed by the seller but their fees are usually paid by the buyer. They prepare the deed of transfer, apply for municipal clearance certificates, calculate and pay transfer duty to SARS, lodge documents at the Deeds Office, and collect the full purchase price on behalf of the seller.

2. Bond Attorney (Registering Attorney): The bond attorney helps the buyer register a bond over the property. They are appointed by the buyer's bank and represent both the bank and the buyer. Their fees are paid by the buyer. They draft bond documents, ensure the bond is properly registered at the Deeds Office, and coordinate with the transferring attorney.

3. Cancellation Attorney: The cancellation attorney cancels the seller's existing bond. They are appointed by the seller's bank and represent both the bank and the seller. Their fees are paid by the seller. They request cancellation figures from the seller's bank, prepare cancellation documents, and ensure the bond is formally cancelled at the Deeds Office.

The Conveyancing Process — Step by Step

The conveyancing process typically takes 8 to 12 weeks from the date the Offer to Purchase is signed until the property is registered in the buyer's name. Here's what happens:

Step 1: Offer to Purchase (OTP)
The buyer makes a written offer on the property. The seller accepts it. The OTP is signed by both parties and becomes a legally binding agreement.

Key details in the OTP:

• Purchase price
• Deposit amount
• Occupation date
• Conditions (e.g., subject to bond approval)

Step 2: Conveyancer Appointed
The seller appoints a transferring attorney (conveyancer). The buyer's bank appoints a bond attorney. The seller's bank appoints a cancellation attorney.

Documents needed at this stage:

• Signed OTP
• Title deed of the property
• FICA documents (ID, proof of residence)

Step 3: Financial and Legal Checks
The conveyancer checks the title deed for any restrictions or defects, outstanding debts on the property (rates, taxes, levies), and whether the buyer has the necessary financing in place.

Step 4: Clearance Certificates
The conveyancer arranges municipal clearance certificates to confirm all rates and taxes are paid. For sectional title properties, a levy clearance certificate from the body corporate is also required.

Common certificates required:

• Rates clearance certificate (from municipality)
• Levy clearance certificate (from body corporate, if applicable)
• Transfer duty receipt (from SARS)

Step 5: Compliance Certificates
The seller is responsible for providing compliance certificates. These show that the property meets legal safety standards.

Step 6: Documentation and Signing
The conveyancer prepares all transfer documents. The buyer signs the bond documents. The seller signs the transfer documents. All parties provide any outstanding FICA documents.

Step 7: Payment of Transfer Duty
If applicable, the buyer pays transfer duty to SARS. This is a tax on the purchase of property and is calculated based on the purchase price.

Rates effective from 1 April 2025

Step 8: Guarantees
The bond attorney provides guarantees from the buyer's bank for the balance of the purchase price. This is the purchase price minus any deposit.

Step 9: Lodgement at the Deeds Office
All documents are compiled and lodged at the Deeds Office. The Deeds Office examiner reviews the documents. This typically takes 7 to 14 working days.

Step 10: Registration
On registration day:

• The buyer's new bond is registered
• The seller's old bond is cancelled
• Ownership officially transfers to the buyer
• The seller receives payment
• The estate agent receives their commission

Step 11: Title Deed
The Deeds Office issues a new title deed in the buyer's name. This confirms the buyer is the legal owner of the property. The title deed is sent to the buyer's bank (if there's a bond) or directly to the buyer (if they paid cash).

What Does Conveyancing Cost?

Conveyancing costs vary depending on the property value and the complexity of the transaction. Here's what you can expect:

Tip: Conveyancing fees can often be negotiated, especially if you're using the same firm for both the transfer and the bond registration.

How Long Does Conveyancing Take?

A typical property transfer takes 8 to 12 weeks from the date the OTP is signed to registration. However, this can vary. For a more detailed breakdown of the full timeline, read our guide on how long property transfer takes.

Fastest scenario: Cash purchase with all documents ready can take 4 to 6 weeks.

Slower scenario: Complex transfer involving bonds, sectional title, and Deeds Office backlogs can take 12 to 16 weeks or more.

How to Choose a Conveyancer

Your conveyancer is the most important professional in your property transaction. Here's how to choose a good one:

Questions to Ask:

• "How much experience do you have with property transfers?" — Experience matters; complex transfers need specialist knowledge
• "What are your fees?" — Get a written quote upfront
• "How long will the process take?" — Manage your expectations
• "Do you have local Deeds Office relationships?" — Local knowledge can speed up the process
• "Will you keep me updated?" — Good communication reduces stress

Red Flags to Avoid:

• Vague fee estimates — should be clear and written
• Poor responsiveness — returns calls or emails slowly
• No written mandate — everything should be in writing
• No clear explanation of timelines — should be able to explain the process
• No transparency about fees — should provide a full breakdown

Common Conveyancing Delays