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

  1. 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.
  2. 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.
  3. 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.

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