Transfer of Property

The transfer of property process involves the ownership of a property shifting from one person to another. This typically occurs when a person sells their property, or property has been inherited from someone who is deceased. Transfer of property will require the services of a Conveyancing Attorney who handles the necessary paperwork.

There are other different types of transfers that can be undertaken such as conventional, divorce, and sectional title. Paperwork will differ slightly according to the type of transfer being processed.

Examples of Documents Required for Transfer of Property South Africa

There are various documents that will be required for the transfer of property process. This list serves as an overview, and additional documents should be discussed with your Transfer Attorney. Examples of some of these documents include:

Power of Attorney Document

In order to give the Conveyancing Attorney authority, to act on their behalf at the Deeds Office, the seller must sign a Power of Attorney document. The document is drafted by the Conveyancing Attorney and presented to the seller before any of the transfer proceedings can take place.

Draft Deed

Evidence of ownership can be attained in a document called a ‘Deed of Transfer’. This deed must be registered at the Deeds Office, in the jurisdiction where the property is situated, in order for it to be valid. The deed is drawn up by the Transfer Attorney whom submits it for registration at the Deeds Office.

Transfer Duty Receipt

If you are a VAT registered seller, you’re going to require a VAT clearance certificate. If you’re not a VAT registered seller, you’ll need a transfer duty receipt. Both these documents must be issued by SARS. The Transfer Attorneys will submit a request for such documents to be issued, and the purchaser will be liable for the payment of the transfer duty amount, which is based on the purchase price.

Rates Clearance Certificate

The Transfer Attorney will apply for rates clearance figures after obtaining the relevant, necessary documents from you – they will assist with these so that you don’t have to struggle on your own. The purpose of this certificate is to confirm that the seller’s rates and taxes account is up to date, in order to ensure that there are no delays during the sale.

FICA Documents

Both the seller and buyer must submit FICA documents as set out by the Financial Intelligence Centre Act. The type of FICA documents required by the parties will depend on the type of seller and purchaser. 

SVN Attorneys can assist our clients with the transfer of property process and assist with obtaining the relevant documents on your behalf. We offer the following services:

  • Drafting of the offer to purchase
  • Conveyancing services
  • Eviction applications

For more information on conveyancing services and advice, as well as other legal matters, contact our team!

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