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Conveyancing and Property Transfers
Transfer duty is often confused with transfer fees, but the two are not the same. While transfer duty is a tax paid to the government, transfer fees refer to the professional legal fees paid to a conveyancing attorney for managing the legal transfer of ownership. Both are payable during the transfer process, but they serve very different purposes.
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A Rates Clearance Certificate is an official document issued by the local municipality confirming that all municipal charges linked to a property have been settled. This includes rates, water, electricity, refuse removal, and sewerage services — along with an advance payment covering a few months beyond the application date.
A property compliance inspection is a formal assessment carried out by a qualified inspector to determine whether certain features of a home meet South Africa’s safety regulations. These inspections focus on systems that pose a risk if they’re not correctly installed or maintained — such as electrical wiring, gas appliances, water systems, or electric fences.
Estate agent commission in South Africa is not fixed by law. It varies widely based on the agent, the mandate agreement, the market conditions, and, crucially, what the seller agrees to upfront. This creates both an opportunity and a risk: sellers can often negotiate better terms, but they can also find themselves locked into unfavourable commission arrangements.
The building at 101 Rissik Street, which has housed the Johannesburg Deeds Office for years, has been in a state of disrepair for some time. The situation escalated in April 2024 when a sewage leak flooded the basement, prompting widespread outcry and renewed pressure from the legal profession for decisive action.
When you apply for rezoning, you’re asking the municipality to approve a different use than what’s currently allowed. For example, turning a single residential stand into a multi-unit development site, converting a house into a set of offices, or changing a farm portion into suburban residential land.
The Department of Agriculture, Land Reform and Rural Development (DALRRD) plays a central role in reviewing and approving any subdivision or conversion of farmland. Their mandate isn’t commercial—it’s agricultural sustainability. This means land that is suitable for farming is automatically viewed as a strategic resource.
The moment a seller signs and accepts a written offer, a property sale agreement comes into legal existence. But while the contract is technically valid from that point, it isn’t always immediately enforceable. Most sale agreements include suspensive conditions—clauses that suspend the legal effect of the contract until certain events take place.
The legal position is not just about whether a roof contains asbestos. It’s about how that asbestos is managed, what condition it’s in, and how the property is being used.
Buyers often walk into the process with a clear idea of their deposit and instalments—only to be blindsided by once-off and ongoing expenses that stretch their budgets thin. These aren't small, incidental charges. They can add up to tens of thousands of rands before you’ve even moved in.
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