The time it takes to transfer a property can vary depending on factors such as bond approval, municipal rates clearance, and the type of transfer, with an industry standard of 8-12 weeks. At RDH, however, we aim to transfer your property in 5 to 6 weeks through an efficient process and effective communication.
Buyers: Are responsible for the transfer fees, Transfer Duty or VAT payable to SARS, the costs of registering a mortgage bond (if applicable), and the fees charged by the Deeds Office for processing the transfer.
Sellers: Are responsible for estate agent commission (unless a private sale), the costs to cancel any mortgage bond registered over the property, rates and taxes for the property until the date of transfer and the costs for having compliance certificates for the property issued.
The owner/seller of a property appoints a conveyancer to pass the transfer into the name of the purchaser.
In late 2025, SARS enhanced the Transfer Duty Declaration e-filing process to improve tax compliance in property transactions. SARS now require that both sellers and purchasers of property be registered for income tax. However, there are some exceptions:
A transfer as a going concern is when a property is sold together with a rental enterprise already operational on the property. For example, when a building is sold together with all leases for the occupying tenants. Subject to certain specific requirements, such transfers can be exempt from transfer duty and qualify for VAT on the purchase price at a zero per cent rate.
The lease agreements for the tenants will be lawfully transferred to the buyer of the building upon registration of the transfer in the Deeds Registry, with the new owner stepping into the old owner's shoes as the landlord of the tenants.
There are mechanisms under the Income Tax Act that allow properties held by companies or individuals to be transferred to other companies by issuing of shares in the recipient company to the company/individual who previously held the property.
Yes, the Income Tax Act sets out strict requirements that must be met to qualify for the benefits of the provisions, along with claw-back provisions that reverse certain benefits if the requirements are circumvented at a later stage.
Unlike obtaining a home loan from of bank, individuals or businesses sometimes lend money to other individuals or businesses and register private mortgage bonds over the borrower's property(s) as security for repayment of the loan.
The process starts with the drawing of the loan agreement to be signed by the lender and the borrower, settling out the terms of the loan and its repayment. From there, the borrower will authorise a conveyancer to register a mortgage bond over their property(s) by signing a power of attorney and the draft mortgage bond. The conveyancer will then lodge and register the mortgage bond in the relevant Deeds Registry.
Yes, but only if the correct type of mortgage bond is registered over the property in the first place, known as a continuing covering bond. Our offices will advise on the appropriate method of securing your investments through private mortgage bonds.
The costs of registering a private mortgage bond generally include the fee charged by the conveyancing attorney for the drawing of the loan agreement, as well as the bond registration documentation. Further costs are incurred for lodging and registering of the mortgage bond in the relevant Deeds Registry, which are regulated by Deeds Registry tariffs.
Once the plans for the extension have been approved by the local authority and the Surveyor General, a conveyancing attorney will submit the application for extension to the Deeds Registry for execution.
Yes, it is possible to extend the boundaries of your unit, but this process will generally involve the input of architects, planners, and surveyors to submit the correct plans to the local authority and the Surveyor General for approval.
Yes, by extending your unit, you will enlarge its size and raise your participation quota, leading to higher contributions for building maintenance.
Yes, depending on how your parking bay or garage was registered at the Deeds Office, you can sell it to someone else without selling your unit, provided the buyer is also an owner of the building.
When one owns two properties that share a common boundary, it is possible to formally join them into a single property by appointing a conveyancing attorney to register the consolidation in the Deeds Registry.
Unlike a consolidation, a subdivision involves splitting one larger property into smaller properties and registering them as individual properties in the Deeds Registry. This allows for the smaller properties to be transferred to third parties.
Yes, municipal approvals are required for the consolidation or subdivision of property, meaning the requirements of the municipal authority must be met before registration can take place at the Deeds Registry.
Yes, the municipal authority often imposes terms and conditions that must be met for its approval to be final. This process generally entails obtaining provisional and final approval from the municipal authority before registration in the Deeds Registry.
Property development requires complex contractual obligations, strict regulations, and substantial financial commitments. Seeking legal advice from the outset of the project ensures compliance with all regulations and enhances our ability to safeguard your capital and reputation.
We draw up and negotiate a comprehensive range of specially designed documents, such as Joint Venture (JV) Agreements, Land Availability Agreements, Building Contracts, and Agreements of Sale. Each agreement is carefully designed to comply with South Africa's prevailing regulations while protecting your business interests.
This Act applies to instances where there are separate sections of property as well as common property. We can provide expertise in complying with the Sectional Titles Schemes Management Act, drafting unique Management Rules and Conduct Rules, and preparing comprehensive sales documentation for a smooth transfer process at the Deeds Office.
Yes. We offer legal support in resolving disputes arising from contractual disagreements, regulatory hurdles, or purchaser claims. Our approach focuses on efficient resolution to prevent project delays, ensuring that the development remains on track and legally sound.
An apostille is a certificate issued by the High Court or by the Department of International Relations and Communication ('DIRCO'), verifying the authenticity of a document for recognition in foreign countries.
In general, any documents issued by a governmental department, for example, police clearances or identification documents issued by the Department of Home Affairs, must be authenticated by DIRCO.
If the document is not issued by a governmental department, for example, a university degree or a power of attorney, these documents can be authenticated by a Notary with a High Court apostille certificate being issued.
Notary authentications and High Court apostille certificates are much quicker to obtain, usually taking 3-5 business days.
DIRCO authentication takes longer, as all original documents must be sent to Pretoria for the apostille certificates to be issued, and then returned to you. This process can take between 6-8 weeks.
If you submit the documents to the DIRCO yourself, there is no charge for an apostille certificate. You may incur courier and handling fees if you use professional services to expedite the process.
The High Court also does not charge for the issuance of an apostille certificate; your costs will generally be limited to the Notary's authentication fee.
An antenuptial contract ('ANC') is the agreement between two persons who intend to enter into a marriage that sets out the couple's assets, property, and financial affairs, along with how these will be managed during the marriage and upon its end.
Your ANC agreement must be signed before your marriage date, otherwise your marriage will be deemed to have been entered into 'in community of property' to one another.
These costs will generally include the notary's professional fee for consulting and drawing the ANC for signature. Once the contract is signed, further costs will be incurred for the lodging and registering of the ANC at the Deeds Registry.
If you submit the documents to the DIRCO yourself, there is no charge for an apostille certificate. You may incur courier and handling fees if you use professional services to expedite the process.
The High Court also does not charge for the issuance of an apostille certificate; your costs will generally be limited to the Notary's authentication fee.
Yes, our offices work closely with a range of marriage officers who are licensed to formalise marriage and/or civil unions on a day, time, and location of your choosing. We recommend different marriage officers depending on your specific needs and requirements.
Any individual aged 16 or older may execute a valid Will. It is common for one to think that a Will is only necessary to protect significant wealth or assets; however, a Will serves as clarity for loved ones and the prevention of unnecessary legal disputes.
There is no limit on the number of times a Will can be revoked and/or amended. We recommend updating your will after any major life events.
Yes, the Wills Act has strict requirements for a Will to be accepted as valid by the Master of the High Court. Informal Wills, commonly referred to as ‘DIY’ Wills, are the frequent subject of litigation due to a lack of clarity or incorrect execution of the formalities.
A trust is a legal arrangement in which a founder transfers assets to the trustees of a trust to manage for the benefit of the trust’s chosen beneficiaries. The founder will sign a trust deed which sets out the purpose of the trust and the powers of trustees. This trust deed is then submitted to the Master of the High Court, who, in turn, registers the trust and issues letters of authority to the trustees.
A will and a trust are both estate-planning tools, with a Will taking effect after one’s passing and a trust able to be implemented during one’s lifetime. There are mechanisms, known as testamentary trusts, through which a trust can be formed through your Will.