How long does property transfer take? The process step by step

How long does property transfer take? The process step by step

Transfer often takes about 8 to 12 weeks from the signed offer to registration. A cash sale can be quicker, at about 6 to 8 weeks, and complicated matters such as deceased estates, trusts, non-residents or rates arrears can take 12 to 16 weeks or more. No law sets a period, so these are rules of thumb. The transfer attorney (conveyancer) handles the process, but you and the seller can speed things up or hold them up.

The steps in order

  1. The offer is signed. Once both sides have signed and any conditions are met, the file goes to the transfer attorney. The offer says who appoints the attorney; the buyer usually pays the fees.
  2. You provide your documents. Attorneys, banks and agents must verify your identity. Expect to provide your ID and often proof of address. If you are married, they will also ask for details of your marital regime. Send everything quickly and completely.
  3. You apply for the bond. The bank assesses your application and, if it approves, issues a grant. A bond attorney, appointed by the bank, usually prepares the bond documents. See suspensive conditions explained for how the bond deadline affects the sale.
  4. The attorney asks for clearances. The Deeds Office will not register transfer without a municipal certificate that rates and other charges for the previous two years are paid. The certificate is valid for 60 days. Many municipalities also ask for a few months of estimated charges up front; the amount varies, so ask your attorney.
  5. Levy clearance, if relevant. In sectional title, the body corporate must confirm that all money due is paid or provided for. For an estate, the homeowners association may need to issue a clearance under the title deed conditions and its rules.
  6. Compliance certificates are arranged. The seller usually arranges and pays for the electrical certificate, and other certificates if the contract or the municipality requires them. See compliance certificates when selling.
  7. Bond cancellation, if the seller has a bond. The seller’s bank must cancel its bond. The seller should give notice early, because many bank agreements ask for 90 days.
  8. You sign the transfer documents. You and the seller sign at the attorney’s office or by arrangement. You pay transfer duty, fees and any balance of the deposit into the attorney’s trust account.
  9. Lodgement at the Deeds Office. The attorney lodges the documents, and the Deeds Office examines them. If anything is wrong, they are rejected and must be corrected.
  10. Registration. The property is registered in your name. This is the date you become the owner. The attorney then pays the seller, and the agent is paid commission.

What can slow things down

  • Documents that arrive late or incomplete.
  • Delays in bond approval, or the bank asking for more information.
  • Slow rates clearance from the municipality, particularly where there are arrears.
  • Body corporate or homeowners association delays.
  • A seller’s bond cancellation that was started late.
  • A missing or out-of-date compliance certificate, or repairs needed to get one.
  • Estates, trusts, companies and non-resident parties, which need extra documents.
  • Errors in names, ID numbers or property descriptions.

What you can do to help

  • Have your ID, payslips, bank statements and proof of address ready before you sign.
  • Apply for the bond the same day or the next day.
  • Answer your attorney’s emails and calls quickly.
  • Keep the transfer costs ready. Estimate them with the transfer costs calculator.
  • Ask the attorney for a timeline and for an update at each stage.

Moving in before registration

You may be allowed to move in before the property is registered in your name. If so, you usually pay occupational rent to the seller until registration, and the date and amount belong in the offer. One figure sometimes quoted is 1% of the price a month, but it is negotiable. Moving in early carries risk if the deal fails, so have the terms in writing. See the offer to purchase: what to check.

What to do next

This article is general information for South African readers, not legal, financial or tax advice. Rules and rates change, so check your own situation with an attorney, your bank or a tax practitioner. Our property calculators can help you work out the numbers.

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