Getting bond approval is a major milestone in buying a home, but it doesn’t mean the property is legally yours—not yet. Until ownership is officially transferred, the seller still holds the legal title, and any number of issues can delay or even derail the process. This is where conveyancing comes in.

Conveyancing is the legal process of transferring property ownership from one party to another. Every home purchase in South Africa must go through this process, ensuring that the sale is legally binding, correctly recorded, and protected against future disputes. But while it may seem like a routine legal step, conveyancing is often where deals slow down.

Delays in the conveyancing process can turn a property purchase into a drawn-out, frustrating experience. Knowing what to expect, what can go wrong, and who is responsible at each stage puts buyers in a far stronger position to avoid setbacks.

What Is Conveyancing?

Buying a home isn’t as simple as signing an offer to purchase and getting bond approval. Until ownership is legally transferred, the property still belongs to the seller, no matter how much money changes hands. This transfer doesn’t happen automatically—it requires a formal legal process known as conveyancing.

Conveyancing is the legal procedure that ensures a property is lawfully transferred from the seller to the buyer. It involves verifying ownership, preparing legal documents, ensuring the property is free of outstanding municipal debts, and registering the new owner at the Deeds Office. Without this process, there is no legally recognized change in ownership, and the buyer has no legal claim to the property.

Since property transactions involve complex legal and financial documentation, South African law requires that only qualified conveyancing attorneys handle the process. These attorneys ensure that every step is carried out correctly, lawfully, and in the buyer’s best interest. Attempting to bypass conveyancing or relying on informal agreements leaves buyers vulnerable to legal disputes, fraudulent transactions, or incomplete property transfers.

Every home purchase must go through conveyancing, and while it may seem like a technicality, it is one of the most critical steps in securing a property legally and permanently.

The Step-by-Step Conveyancing Process

Conveyancing is often where property transactions slow down—not because the process is unnecessary, but because it involves multiple legal steps, strict documentation requirements, and several parties working together. Knowing the conveyancing process upfront helps buyers anticipate potential delays and avoid unnecessary setbacks.

1. The Offer to Purchase

The offer to purchase is the legal agreement between the buyer and seller. Once signed, it becomes a binding contract that outlines:

• The agreed purchase price and payment terms.
• Any conditions that must be met before the sale is final (e.g., bond approval).
• The expected timeframe for transfer and registration.

At this stage, the buyer applies for a mortgage bond, and the seller’s existing bond (if any) must be settled and cancelled.

2. Mortgage Bond Approval & Guarantees

If the buyer requires bond financing, they must apply to a bank or lender for approval. Once the loan is approved:

• The lender issues a bond instruction to a bond attorney (appointed by the bank).
• The buyer must sign bond registration documents before the funds are released.

At the same time, the seller’s existing bond must be cancelled before the property can be transferred. A cancellation attorney (appointed by the seller’s bank) manages this process.

3. Drafting & Signing Legal Documents

Once bond financing is in place, the transfer attorney (appointed by the seller) prepares the necessary legal documents, including:

• Transfer deed – The legal document that moves ownership from seller to buyer.
• Bond registration paperwork – Required if the buyer is financing the property with a mortgage bond.
• Municipal clearance certificate – Confirms that all rates and taxes are up to date.

The buyer and seller must sign these documents before the transaction can proceed.

4. Lodgement at the Deeds Office

Once all documents are signed and payments are made:

• The bond attorney, transfer attorney, and cancellation attorney submit their paperwork to the Deeds Office for official processing.
• The Deeds Office verifies and approves the transfer, ensuring the legal requirements are met.
• This stage typically takes 6 to 8 weeks, depending on workload and potential delays.

5. Registration & Final Transfer of Ownership

Once the Deeds Office registers the transfer, the process is complete:

• The buyer’s name is officially recorded as the legal owner.
• The bank releases the bond funds to the seller.
• The property is now legally and fully transferred.

While this process may seem straightforward, each step is dependent on multiple parties meeting deadlines, submitting correct paperwork, and ensuring compliance with legal and financial regulations. Any delay in one stage affects the entire timeline, which is why having an efficient conveyancing attorney is essential.

Who Pays Conveyancing Fees in South Africa?

The conveyancing process in South Africa involves several legal and administrative costs that buyers often overlook. While property prices and bond repayments get most of the attention, conveyancing fees can add a significant amount to the total cost of purchasing a home.

Who Is Responsible for Conveyancing Costs?

In South Africa, the buyer carries most of the financial responsibility for conveyancing, while the seller covers specific costs related to cancelling an existing bond. Here’s how the expenses are typically divided:

• The Buyer Pays For:
  • Bond registration fees – If the buyer is financing the purchase with a mortgage bond, they must pay for the bond to be legally registered.
  • Transfer costs – These cover the legal work required to transfer ownership from the seller to the buyer.
  • Conveyancing attorney fees – The buyer pays the transfer attorney for handling the legal aspects of the property transfer.
  • Deeds Office fees – Charged for officially recording the transfer and bond registration.
• The Seller Pays For:
  • Bond cancellation fees – If the seller has an existing mortgage bond, it must be legally cancelled before transfer. The seller covers the cost of this process.
  • Estate agent commission (if applicable) – If the seller used a real estate agent, their commission is deducted from the sale proceeds.

How Are Conveyancing Fees Calculated?

Conveyancing fees are not fixed—they are based on the property’s purchase price and are regulated by guidelines set by the Legal Practice Council. The higher the purchase price, the higher the transfer and bond registration fees. Buyers should request a detailed breakdown from their conveyancing attorneys to understand the full financial commitment before proceeding with the sale.

Skipping this step can lead to unexpected costs, adding pressure to an already expensive transaction.

Delays & Legal Issues That Can Derail the Process

While the conveyancing process in South Africa is designed to be systematic, it doesn’t always go according to plan. Unexpected delays, missing documents, and legal complications can slow down property transfers, sometimes adding weeks or even months to the timeline. Buyers who assume the process will be quick and straightforward often find themselves frustrated when things stall.

Here are some of the most common reasons property transfers are delayed:

1. Delays in Document Submission

Every stage of the conveyancing process relies on the correct documents being submitted on time. If the buyer, seller, bank, or even the municipality fails to provide necessary paperwork, the transfer cannot proceed. Common document-related delays include:

• Outstanding municipal clearance certificates – The seller must obtain proof that all rates and taxes are paid up to date. If there are arrears, this can significantly delay the transfer.
• Incorrect or missing signatures – All parties must sign the required legal documents before submission to the Deeds Office.
• Delays in bond registration – If the bank takes longer than expected to issue a bond instruction, it slows down the entire process.

2. Bank Approval & Financing Issues

A mortgage bond approval is not always immediate, and financing delays are a leading cause of stalled transfers. Some common financing-related delays include:

• Slow bank processing times – Lenders conduct thorough affordability checks before granting a home loan, which can take several weeks.
• Buyers failing to meet bond conditions – If a buyer is required to provide additional guarantees or settle outstanding debts before the bank approves the bond, this can cause setbacks.
• Bond cancellation delays from the seller’s side – If the seller has an existing bond, their bank must cancel it before the property can be transferred. This is sometimes delayed due to slow processing or outstanding amounts owed on the existing bond.

3. Legal Disputes & Ownership Issues

A property transfer cannot be completed if there are outstanding legal disputes or ownership complications. Issues that commonly delay transfers include:

• Title deed complications – If there are errors in the property’s title deed, they must be corrected before the transfer can go through.
• Unresolved estate transfers – If a property is part of a deceased estate, additional legal steps must be taken to ensure it is correctly transferred.
• Outstanding debt tied to the property – If the seller has outstanding municipal accounts, levies, or other property-related debts, the transfer cannot proceed until these are settled.

4. Deeds Office Backlogs

Even if everything is in order, the Deeds Office must officially register the transfer, and this step is often a bottleneck. High volumes of property transactions can lead to processing delays, sometimes adding weeks to the final transfer date. While there is little buyers and sellers can do to speed up this stage, an experienced conveyancing attorney ensures that all documents are in perfect order before submission, reducing the risk of rejection or further delays.

Aucamp Attorneys – Conveyancing in South Africa

A property transaction can unravel quickly when the conveyancing process isn’t handled with precision. Missing documents, financing delays, and legal issues can all cause unnecessary setbacks, turning what should be a smooth transfer into a drawn-out frustration. Having the right conveyancing attorneys on your side ensures that every legal requirement is met and that the transfer moves forward without delays.

At Aucamp Attorneys, we oversee the entire conveyancing process, from preparing legal documents and coordinating with banks to ensuring timely lodgement at the Deeds Office.

Contact us to find out more about our conveyancing services.