Property
South Africa — Property: Legal Checks
South African property legal checks run through the conveyancer, who gets a rates clearance and a SARS transfer duty receipt and registers at the Deeds Office.
VerifiedGovernment / official sourceDeeds Registries and SARS — conveyancer clearancesLast reviewed: 2026-10-23
Why this matters
Understanding these legal checks is crucial to ensuring a smooth and secure property transaction.
Key facts
- A conveyancer obtains clearance certificates such as the rates clearance and the SARS transfer duty receipt before lodging.
- Transfer duty is declared and paid through eFiling by the conveyancer; SARS may hold up a transfer if tax compliance issues are unresolved.
- Where the seller is a non-resident the conveyancer answers the Section 35A question and the purchaser files declaration NR02.
- Ownership passes only on registration at the Deeds Office.
Steps
- Conduct Due Diligence — This involves reviewing the title deed, checking for any outstanding charges or debts, and verifying the seller's ownership of the property.
- Obtain a Bond Valuation — If the property is being financed, a bond valuation must be obtained to determine the value of the property for lending purposes.
- Review the Sale Agreement — The sale agreement should be reviewed carefully to ensure that it includes all the necessary terms and conditions of the sale.