22 Aug The Role of Conveyancers: What They Do and Why You Need One
From instruction to registration in South African property transactions
Buying or selling property is one of the biggest financial commitments most South Africans will make. Yet few people fully understand the critical role that conveyancers play in the process. While estate agents find buyers and banks finance purchases, it is the conveyancer (an attorney specialising in property law) who legally transfers ownership and ensures the transaction complies with South Africa’s Deeds Office requirements.
In 2023, South Africa recorded approximately 276 793 residential property transfers, amounting to roughly R241 billion in value, according to Lightstone Property. Each of those transactions required a qualified conveyancer to complete the legal process. Whether you’re a first-time buyer or a seasoned investor, knowing exactly what a conveyancer does and why you need one can save you time, money, and stress.
What Is a Conveyancer?
A conveyancer is an admitted attorney who has passed a further specialist exam in property law. They are legally qualified to prepare and lodge deeds and other documents at the Deeds Office for property transactions. Property ownership cannot change hands legally in South Africa without the assistance of a qualified conveyancer,
Transferring (or transfer) attorney: Transferring attorneys are appointed by the seller. They handle the transfer of property ownership.
Bond attorney: Bond attorneys are appointed by the buyer’s bank to register the new bond.
Cancellation attorney: Cancellation attorneys are appointed by the seller’s bank to cancel the seller’s existing bond.
Although three separate firms may be involved, it is common practice for the transferring attorney to coordinate the entire process.
Why You Need a Conveyancer
The conveyancing process is complex. It involves legal checks, financial arrangements, compliance certificates, tax clearances, and the preparation of technical deeds for lodgement at one of the 11 Deeds Registries in South Africa.
Failing to use a skilled conveyancer can lead to:
- Delays
If documents are incorrectly drafted or lodged, the Deeds Office can reject them.
- Financial losses
If rates and taxes aren’t properly cleared or if suspensive conditions aren’t enforced, buyers and sellers may lose deposits or face penalties.
- Fraud risk
Conveyancers are trained to verify parties’ identities and avert scams.
In short, the conveyancer protects both parties by ensuring all legal and financial obligations are met before ownership changes hands.
The Conveyancing Process: From Instruction to Registration
Instruction
The process begins once both parties sign the Offer to Purchase (OTP) or sale agreement. The seller’s estate agent sends a copy to the transferring attorney, who opens the transfer file and issues initial communications to the buyer, seller, and their respective banks.
Key tasks at this stage:
- Acknowledge the instruction from the agent or seller.
- Verify the identities of the buyer and seller (FICA compliance).
- Obtain copies of title deeds and any existing mortgage bond details from the Deeds Office.
Gathering Information & Clearances
The transferring attorney must collect all supporting documents and apply for mandatory clearances:
- Rates Clearance Certificate: Proves the seller’s municipal rates and service charges are fully paid up, typically 3–6 months in advance.
- Levy Clearance (if sectional title or HOA): Confirms levies are up to date.
- Compliance Certificates: Electrical, plumbing (where applicable, e.g. Cape Town), gas, beetle (in coastal regions).
- Tax Clearance: Ensures the seller’s capital gains tax is accounted for with SARS.
Delays in these clearances are a leading cause of the average two to three month transfer timeline in South Africa.
Drafting Transfer Documents
The conveyancer drafts the legal documents required for registration:
- Power of Attorney to Transfer (signed by the seller).
- Declarations (including marital status, financial arrangements, and whether the property is the seller’s primary residence).
- New Title Deed in the buyer’s name. At the same time, the bond attorney drafts the bond documents (if applicable), and the cancellation attorney prepares the bond cancellation figures for the seller’s existing loan.
Financial Arrangements
Before lodging at the Deeds Office, all money flows must be secured. The buyer pays transfer costs (transfer duty or VAT, conveyancing fees, and disbursements) into the transferring attorney’s trust account. The buyer’s bank provides guarantees for the purchase price (for a bonded purchase).
The seller’s bank issues cancellation figures and an undertaking to release the title deed once the bond is settled. Conveyancers hold trust funds in special interest-bearing accounts regulated by the Legal Practice Council, offering further protection for both parties.
Lodgement at the Deeds Office
Once all documents and finances are in order, the attorneys (transfer, bond, and cancellation) arrange simultaneous lodgement at the Deeds Office. The documents are assessed by senior examiners for accuracy and legal compliance.
Any errors result in a “rejection,” forcing the attorneys to correct and re-lodge the documents, delaying registration by at least one to two weeks. The Deeds Office examination process typically takes 7–10 working days, depending on the registry’s workload.
Registration
If all is in order, the examiner signs off, and the Registrar of Deeds formally registers the transaction.
The purchase price is paid to the seller from the attorney’s trust account.
The buyer becomes the registered owner, and their bond (if applicable) is registered. R
The seller’s existing bond is cancelled and their bank is paid in full.
Post-Registration
After registration, the conveyancer attends to the final administrative tasks:
- Pays any outstanding municipal rate adjustments.
- Delivers the original title deed and bond documents to the buyer’s bank or the buyer directly (if no bond).
- Prepares a full statement of account for both buyer and seller.
Typical Timelines
While each transaction differs, the average transfer takes 8–12 weeks from the date the OTP is signed:
Instruction and information gathering: 1–2 weeks
Clearance certificates and guarantees: 4–6 weeks
Lodgement and Deeds Office processing: 2–3 weeks
Delays may occur when buyers or sellers fail to provide documents pay costs on time, or when municipalities take longer than expected to issue clearance certificates.
Choosing the Right Conveyancer
Because the transferring attorney is usually appointed by the seller, many buyers assume they have no say. However, it is acceptable to negotiate this appointment, especially if you already have a trusted conveyancer.
When selecting a conveyancer, consider:
Experience: Do they specialise in property transfers?
Capacity: Are they handling too many other matters to give your matter attention?
Communication: Do they provide regular updates?
Location: Are they close to the Deeds Office handling your property?
Final Thoughts
A property transaction in South Africa cannot be finalised without a conveyancer. From verifying identities to ensuring all taxes and municipal charges are cleared, they are the legal guardians of the transfer process.
Given the complexities and the high financial stakes, buyers and sellers alike benefit from engaging a reputable, communicative conveyancer as early as possible. The cost of conveyancing is a small price to pay for the certainty and legal security they provide in transferring ownership of what is often your most valuable asset.
Kindly be advised that AWD Law does not enter into litigation on behalf of clients. Our conveyancers specialise exclusively in the development of vacant land, property transfers, bond registrations, administration of deceased estates and notarial practice. Should you require assistance with a litigation, kindly contact The Legal Practice Council.
Contact AWD Law For Professional Property Advice before signing your Offer to Purchase.
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