We list 855 law firms across South Africa that handle property & conveyancing matters. Choose your province and town to see the firms near you, or read the guide below first.
This guide explains how buying and selling property works in South Africa, what a conveyancer does, which costs and taxes apply, and how common property disputes such as evictions are handled. It also lists what to ask a property lawyer.
Last reviewed 17 October 2026 by the CallMyLawyer editorial team. How we research.
Property law covers buying, selling, renting and financing land and buildings. Much of the day to day work is conveyancing, which is the legal process of transferring ownership of property and registering bonds in a deeds registry.
Only a conveyancer can prepare and lodge transfer and bond documents at the Deeds Office. A conveyancer is an admitted attorney who has passed an extra examination and been admitted as a conveyancer by the High Court, under the Legal Practice Act 28 of 2014.
Property lawyers also handle lease disputes, evictions, sectional title and homeowners' association disputes, servitudes, subdivisions and rezoning, and problems with defects after a sale.
Under the Alienation of Land Act 68 of 1981, a sale of land must be in writing and signed by both parties, or by their agents acting with written authority. A verbal agreement to sell land is not enforceable.
Most sales start with an offer to purchase. Once accepted, it is a binding contract. It often contains suspensive conditions, such as the buyer getting a bond or selling another property by a certain date. If a condition is not met in time, the sale falls away.
Section 29A of the same Act gives an individual buyer a short cooling off right of five days in some lower priced sales, currently where the price is R250,000 or less. Most residential sales are above that amount, so in practice most buyers cannot simply withdraw once they sign.
The seller usually chooses and pays the transferring conveyancer, and the buyer pays the transfer costs. If there is a bond, the bank appoints its own bond attorney. If the seller still has a bond, the seller's bank instructs a cancellation attorney. These three firms work together and lodge their documents at the Deeds Office at the same time.
Transfer duty is a tax paid by the buyer under the Transfer Duty Act 40 of 1949. Properties below a threshold pay no duty, and the rates and threshold are adjusted by SARS from time to time in the annual budget, so check SARS for the figures that apply on your date of purchase. If the seller is a VAT vendor selling in the course of business, VAT is usually charged instead of transfer duty.
The buyer also pays the conveyancer's transfer fee, Deeds Office fees and, if there is a bond, the bond registration fee. The seller pays the estate agent's commission if an agent was used, the cancellation fee on an existing bond, and the costs of compliance certificates.
Before transfer, the municipality must issue a rates clearance certificate under section 118 of the Local Government: Municipal Systems Act 32 of 2000, which confirms that rates and service charges have been paid for a set period. In a sectional title scheme or estate, the body corporate or association must also issue a levy clearance certificate.
The seller usually also has to provide an electrical certificate of compliance, and depending on the area and the contract, other certificates such as for gas, electric fences, beetles or plumbing.
Step 1: The buyer and seller sign an offer to purchase, and the seller appoints a conveyancer.
Step 2: The buyer applies for a bond if needed, and the bank issues approval and instructs its bond attorney.
Step 3: The transferring conveyancer requests the title deed, cancellation figures from the seller's bank, and clearance certificates.
Step 4: Buyer and seller sign the transfer documents, and the buyer pays transfer duty and transfer costs.
Step 5: The transfer, new bond and bond cancellation are lodged together at the Deeds Office.
Step 6: The Deeds Office examines the documents, and once they pass, registration takes place and the buyer becomes the owner.
Step 7: Funds are paid out to the seller and the seller's bank on the day of registration.
A typical transfer takes about two to three months from the signed offer to registration. The time depends on how quickly the bond is approved, how quickly the municipality issues the rates clearance, and how busy the Deeds Office is.
Delays are common when the seller is a deceased estate, a company or a trust, when there are title deed restrictions, or when the seller is in arrears with rates. Ask your conveyancer for regular updates and a realistic date.
Until registration, the seller remains the owner, even if the buyer has already moved in. The offer to purchase usually sets an occupation date, and if the buyer moves in before registration, the buyer pays the seller occupational rent for that period. Risk in the property, for example if it is damaged by fire, often passes to the buyer on registration, but this depends on the contract.
Problems found after transfer, such as a leaking roof or damp, are governed by the contract. Many offers contain a voetstoots clause, which means the property is sold as it stands. Such a clause does not protect a seller who knew about a hidden defect and deliberately kept quiet about it. Sellers are usually asked to complete a written disclosure form listing defects they know about.
Residential leases are governed mainly by the Rental Housing Act 50 of 1999, and in many cases by the Consumer Protection Act 68 of 2008. Each province has a Rental Housing Tribunal that resolves disputes between landlords and tenants at no cost to the parties.
A landlord cannot evict a person from their home without a court order. Section 26(3) of the Constitution and the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 require a court to consider all the circumstances before ordering an eviction, including whether elderly people, children, people with disabilities or households headed by women are affected, and whether alternative accommodation is available.
Changing the locks, removing belongings or cutting off water or electricity to force a tenant out is unlawful. A tenant facing this can apply to court urgently. A landlord with a non paying tenant needs to follow the correct steps, which usually means cancelling the lease properly and then applying for an eviction order.
When buying, ask what the total transfer and bond costs will be, which certificates the seller must provide, and whether there are any title deed conditions, servitudes or zoning issues that could affect your plans.
When selling, ask how long the transfer is likely to take, what you will pay for bond cancellation and compliance certificates, and when you will receive the money.
In a dispute, ask whether the matter belongs in the Rental Housing Tribunal, the Community Schemes Ombud Service for sectional title and estate disputes, the Magistrates' Court or the High Court, and what each route costs.
Conveyancers usually charge transfer and bond registration fees that are linked to the value of the property or the bond. These are often based on guideline tariffs published by the legal profession, which are not binding, so fees can be compared and sometimes negotiated. Deeds Office fees and transfer duty are set by government. Lease disputes and eviction matters are typically charged by the hour or per stage of the case. Ask for a written cost estimate that separates the professional fee, VAT and disbursements.
In most sales the seller chooses the transferring conveyancer, although this can be agreed differently in the offer to purchase. The buyer's bank appoints its own attorney to register the bond.
Usually about two to three months after the offer is signed. Bond approval, municipal rates clearance and the Deeds Office workload all affect the timing.
The buyer pays transfer duty to SARS before the transfer is lodged. Properties below the threshold set by SARS pay no duty, and if the seller is a VAT vendor selling in the course of business, VAT is charged instead.
Generally no, unless a suspensive condition is not met or the contract allows it. A five day cooling off right exists under section 29A of the Alienation of Land Act, but only for individual buyers in sales of R250,000 or less.
No. Evicting a person from their home requires a court order, and the court must consider all the circumstances first. Locking a tenant out or cutting off services to force them out is unlawful.
Disputes in sectional title schemes and estates can be taken to the Community Schemes Ombud Service, which offers dispute resolution at a lower cost than going to court.
This guide explains how the law generally works and is not legal advice. Speak to an attorney about your own matter.
