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Transfer Duty in South Africa: Key Facts for Property Buyers

13 April 2026,  Maritza du Preez

Transfer duty is the tax you pay when buying property in South Africa, governed by Section 2 of the Transfer... Duty Act 40 of 1949 (TDA). It applies to immovable property and certain real rights, like long-term leases. As the buyer (transferee), you're responsible for paying it within six months of signing the offer to purchase. A clear understanding of how transfer duty is calculated, when exemptions apply, and how it interacts with VAT is essential to ensure a smooth and compliant transfer process.

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64
Article
Seller Appoints the Conveyancer; Purchaser Pays the Fees

07 August 2025,  Meerushini Govender

There is currently no legal framework in South Africa that mandates the common practice where the seller appoints the conveyancer,... and the purchaser pays the transfer fees. However, this arrangement has become deeply embedded in South African conveyancing practice over many years, if not decades, due to a range of practical and legal reasons outlined below.

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1960
Article
A Step-by-Step Guide to Buying a House in South Africa

29 May 2025,  Debbie Ndlovu

Purchasing a home is an exciting milestone, but without proper guidance, the process can be daunting. South Africa’s property market... has unique legal and financial steps that buyers must follow. Whether you’re a first-time buyer or an experienced investor, this guide will walk you through each stage, from securing financing to transferring ownership, ensuring a seamless and legally sound transaction.

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1281
Article
Property Ownership Transfer and the Abstract Theory

07 February 2025

South African courts have adopted the abstract theory, which means that the validity of transferring ownership is not affected by... whether the original transaction is valid.

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1063
Article
Claiming Ownership Through Acquisitive Prescription

08 November 2024

One way to acquire property in South Africa is through acquisitive prescription. This method does not rely on the transfer... of rights from a predecessor in title; instead, it acknowledges specific factual criteria that, when met, grant legal rights and title to ownership. This article will outline the requirements necessary for successfully claiming ownership through acquisitive prescription, with a focus on the Prescription Act 18 of 1943 and the Prescription Act 68 of 1969.

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15373
Article
Should Sellers Provide Approved Building Plans When Selling Property?

04 September 2023,  Meerushini Govender

The simple answer is no. However, the National Building Regulations and Building Standards Act mandates that local authorities approve building... plans for the construction, alteration, or conversion of a building. Consequently, if approved plans are absent, the property owner would be committing a statutory offence.

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7103
Article

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