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What documents are required for transfer of property in SA?

Additional costs of buying a home include transfer of property and transfer duty. The former is a fee charged for the transfer of the property from seller to buyer, while the latter is a tax on the transfer.

So, how does the transfer of property work? The buyer pays a conveyancing attorney, hired by the seller, a fee dependent on the cost of the home loan.

Documents required by the buyer include:

  • Copy of ID.
  • Transfer duty receipt (if applicable).
  • FICA documents.
  • Transfer duty exemption certificate (if applicable).

Some additional documents required for the seller:

  • Power of Attorney signed by the seller.
  • Rates Clearance Certificate, which confirms that the seller’s rates and tax accounts are up to date.
  • Compliance certificates ( Electrical, electric fence (where applicable), gas and beetle) obtained by the seller.

Documents prepared by the conveyancing attorney:

  • Draft of the title deed.
  • Section 42(1) Certificate.
  • Consent from the Master of the High Court.

Some documents may only apply in certain cases, such as if the property is part of the inheritance, part of a sectional title estate, or where the property was awarded as part of a divorce settlement.

The conveyancing attorney will help prepare most of the documentation and can advise the buyer/seller on what is required.

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