A glossary of South African property law and conveyancing terms — voetstoots, transfer duty, FICA, suspensive condition, sectional title, mortgage bond, accession, and more — written by an admitted Pretoria conveyancing attorney.
Written by admitted attorneys — plain language, no legalese
This glossary defines the South African property law and conveyancing terms that appear most often in residential property transactions — from voetstoots and suspensive conditions to transfer duty and FICA. Every definition is written by an admitted conveyancer and references its statutory or common-law source. Definitions are deliberately self-contained so they can be quoted or extracted without requiring surrounding context.
Use the alphabetical index below to jump to a term, or read through the categories — Conveyancing process, Documents, Legal concepts, Statutes & regulators, Costs & taxes, Property types & structures, Compliance certificates, Bond & finance, OTP & contract, and Marriage & estates. Where a term has its own in-depth guide on this site, you will find a "See also" link below the definition.
Legal concepts
Accession is the South African common-law principle that whatever is permanently attached to land becomes part of the land — captured in the maxim superficies solo cedit ("what is on the surface yields to the soil"). Fixtures pass automatically with the property at transfer; movables (fittings) do not. The principle is the legal basis for the fixtures-and-fittings test.
See also: Fixtures and fittings
Statutes & regulators
Alienation of Land Act 68 of 1981 is the South African statute requiring every contract for the sale or alienation of immovable property to be in writing and signed by both parties (section 2(1)). Verbal agreements and unsigned electronic communications do not transfer property and are unenforceable in court.
See also: What must be in an OTP
Marriage & estates
An antenuptial contract is a notarially executed agreement signed before marriage that excludes the marriage from community of property. Without an ANC, South African couples are married in community of property by default, which means joint ownership of all assets and joint liability for debts. The ANC may include the accrual system, which shares growth in estates during the marriage.
Bond & finance
Bond approval is the bank's formal commitment to grant a buyer a home loan, issued in writing after credit, affordability, and property-valuation checks. Most South African Offers to Purchase contain a suspensive condition that the sale is subject to bond approval within 21–45 days; if approval is not obtained, the sale lapses.
Statutes & regulators
A beneficial owner is the natural person who ultimately owns or controls a legal entity (company, trust, close corporation) and on whose behalf a transaction is conducted. Conveyancers must identify and verify beneficial owners under the Financial Intelligence Centre Act 38 of 2001 (FICA) before processing any property transfer.
Property types & structures
A body corporate is the juristic person that comes into existence automatically when the first unit in a sectional title scheme is transferred to an owner other than the developer. It owns the common property, manages the scheme, levies contributions, and is governed by the Sectional Titles Schemes Management Act 8 of 2011.
See also: Sectional title vs freehold
Conveyancing process
The bond attorney is a conveyancer appointed by the buyer's bank to register the new mortgage bond at the Deeds Office. The bond attorney works in parallel with the transfer attorney and the cancellation attorney, and all three lodge documents simultaneously. The buyer pays the bond attorney's fees, even though the bank does the appointing.
See also: Bond costs explained
OTP & contract
A breach is a failure by one party to perform a material obligation under a signed Offer to Purchase. The aggrieved party must usually serve written notice giving the defaulting party seven days (or 20 business days where the Consumer Protection Act applies) to remedy the breach before cancelling the agreement and claiming damages or specific performance.
Conveyancing process
The cancellation attorney is a conveyancer appointed by the seller's bank to cancel the seller's existing mortgage bond at the Deeds Office. Cancellation occurs simultaneously with the transfer of ownership and the registration of any new bond. The seller pays the cancellation attorney's fees.
See also: Cancelling a mortgage bond when selling
Costs & taxes
Capital gains tax is the tax payable to SARS on the profit realised from selling immovable property in South Africa. For natural persons, the first R2 million of gain on a primary residence is excluded; an annual exclusion of R40,000 also applies. The remaining gain is included at 40% (individuals) or 80% (companies and trusts) in taxable income and taxed at the applicable rate.
Legal concepts
A caveat is a formal written warning lodged at the Deeds Office to alert the Registrar that a third party has a claim or interest in a property. Once a caveat is registered, the Registrar will not register a transfer or bond against the property without first notifying the caveator. Caveats are commonly used to protect spousal claims, pending court orders, and disputed transfers.
Property types & structures
In a sectional title scheme, common property is the part of the building and land not included in any individual section — for example corridors, lifts, gardens, parking areas, and structural elements. Owners hold an undivided share of the common property in proportion to their participation quota and contribute to its upkeep through monthly levies.
Compliance certificates
A compliance certificate is a certificate issued by an accredited inspector confirming that an installation on a property meets safety standards. South African residential property sales require an Electrical Certificate of Compliance always, plus Gas and Electric Fence certificates where those installations exist. The seller pays for compliance certificates and the conveyancer cannot lodge transfer documents without them.
See also: Compliance certificates (Pretoria)
OTP & contract
A continued marketing clause permits the seller to keep marketing the property while a suspensive condition (typically bond approval) is pending. If the seller receives a better unconditional offer, the first buyer is given 72 hours to waive all outstanding conditions and proceed unconditionally; failing that, the agreement lapses and the seller may accept the competing offer.
Conveyancing process
A conveyancer is an admitted attorney of the High Court of South Africa who has passed the conveyancing board examination and is registered with the Legal Practice Council. Only conveyancers may prepare deeds of transfer, register mortgage bonds, and lodge documents at the Deeds Office. The role is reserved by the Deeds Registries Act 47 of 1937.
See also: Who appoints the conveyancer
Conveyancing process
Conveyancing is the legal process of transferring ownership of immovable property from one person to another in South Africa. It involves drafting the deed of transfer, paying transfer duty to SARS, obtaining rates and levy clearance certificates, lodging documents at the Deeds Office, and registering the new ownership. Only an admitted conveyancer may carry out conveyancing.
OTP & contract
The South African property cooling-off period is a five-day right granted to a buyer to revoke a written offer where a property practitioner (estate agent) was involved, under section 67 of the Property Practitioners Act 22 of 2019. There is no general cooling-off right in private sales without an agent; the OTP is binding from mutual signature.
See also: Cancelling an Offer to Purchase
Documents
The deed of sale (also called an Offer to Purchase or agreement of sale) is the written, signed contract between buyer and seller for the sale of immovable property. The Alienation of Land Act 68 of 1981 requires it to be in writing; the deed of sale is the source document the conveyancer uses to prepare the deed of transfer.
Documents
The deed of transfer is the formal document prepared by the conveyancer and registered at the Deeds Office that transfers ownership of immovable property from the seller to the buyer. Once executed by the Registrar, the buyer becomes the registered owner. The original deed is then issued — to the buyer if cash, or to the bondholder bank if a bond was registered.
Conveyancing process
The Deeds Office is the South African government registry that maintains the official record of all immovable property ownership. There are 11 Deeds Offices nationally; Pretoria-area transfers are lodged at the Pretoria Deeds Office in the Berea Building. The Deeds Office examines and registers transfers, mortgage bonds, and other real rights, governed by the Deeds Registries Act 47 of 1937.
Statutes & regulators
Deeds Registries Act 47 of 1937 is the South African statute regulating the registration of deeds — including transfers, bonds, servitudes, and conditions of title. It defines the role of the Registrar of Deeds, prescribes lodgement and execution formalities, and reserves the lodging of deeds to admitted conveyancers.
Costs & taxes
Donations tax is a 20% tax payable to SARS on the value of any property donated by a South African resident, levied in terms of section 54 of the Income Tax Act. The first R100,000 of donations per tax year is exempt for natural persons. Selling property to a related party below market value can trigger a deemed donation on the difference.
Compliance certificates
An Electrical Certificate of Compliance is a certificate issued by a Department of Employment and Labour-registered person confirming that the electrical installation of a property meets the requirements of the Electrical Installation Regulations, 2009. It is required for every South African residential property sale, is valid for two years, and must be lodged with the transfer documents.
See also: Seller compliance certificates
Property types & structures
An erf (plural: erven) is a registered land parcel in a South African township, identified by an erf number on a township general plan. The terms "erf" and "stand" are used interchangeably in everyday speech but "erf" is the term used in the title deed and at the Deeds Office.
Costs & taxes
Estate duty is the South African death tax, levied at 20% on the dutiable value of a deceased estate above R3.5 million and 25% on amounts above R30 million, under the Estate Duty Act 45 of 1955. Property registered in a properly structured inter vivos trust does not form part of the deceased founder's estate for estate-duty purposes.
Property types & structures
An exclusive use area is a portion of the common property in a sectional title scheme that one or more owners have the exclusive right to use — typically a parking bay, garden, or balcony. Exclusive use areas are registered against the unit and can be sold or ceded together with the section, but not separately from it.
Marriage & estates
An executor is the person formally appointed by the Master of the High Court to administer a deceased estate in South Africa. The executor identifies and collects assets, settles debts, prepares a Liquidation and Distribution account, and distributes the remainder to heirs. Executor's remuneration is capped at 3.5% of the gross estate plus VAT under the Administration of Estates Act 66 of 1965.
See also: Deceased estate property transfer
Statutes & regulators
The Financial Intelligence Centre Act 38 of 2001 (FICA) requires conveyancers, banks, and estate agents to verify the identity, address, and beneficial ownership of every party to a property transaction before processing it. South African buyers and sellers must provide certified ID, proof of address under three months old, and a SARS tax number.
Marriage & estates
A fideicommissum is a testamentary direction in which property is left to one beneficiary (the fiduciary) on condition that, on a stated event, it passes to a further beneficiary (the fideicommissary). It restricts the fiduciary's ability to deal with the property and is registered against the title deed at the Deeds Office.
Legal concepts
A fixture is an item that has become part of immovable property because it is permanently attached or intended to serve the property permanently — for example built-in cupboards, fitted lights, and bolted security gates. Fixtures pass automatically with the sale unless expressly excluded. The South African test is the threefold test from MacDonald Ltd v Radin NO 1915 AD 454.
Bond & finance
FLISP is a once-off South African government subsidy for first-time home buyers earning between R3,501 and R22,000 per month, administered by the National Housing Finance Corporation. The subsidy reduces the bond amount required and can be up to roughly R130,000 depending on income bracket. Applicants apply through their bank or directly to the NHFC.
See also: First-time buyer transfer costs
Property types & structures
Freehold is the most extensive form of property ownership in South Africa. The freehold owner holds title to the land (the erf) and everything permanently attached to it, subject only to municipal building regulations and any conditions of title registered against the erf. Freehold contrasts with sectional title, where the owner holds a section and a share of common property.
Compliance certificates
A Gas Certificate of Conformity is issued by a registered gas installer under the Pressure Equipment Regulations, 2009, confirming that a gas installation on a property meets safety standards. It is required for every South African property sale where a permanent gas installation exists. A new certificate is required on every change of ownership.
Property types & structures
A homeowners association is a juristic person that governs a freehold estate or gated complex under its constitution and conduct rules. The HOA controls common property, services, security, and aesthetic standards, and levies monthly contributions on owners. A levy clearance certificate from the HOA is required before transfer of any property in the estate.
Marriage & estates
In community of property is the default South African marriage regime where the spouses' assets and liabilities are merged into a single joint estate, owned in equal undivided half-shares. Under section 15(2)(b) of the Matrimonial Property Act 88 of 1984, neither spouse may sell or mortgage immovable property without the written consent of the other.
Marriage & estates
An inter vivos trust is a South African trust created during the founder's lifetime by means of a registered trust deed. It is governed by the Trust Property Control Act 57 of 1988, registered with the Master of the High Court, and managed by trustees acting under Letters of Authority. Trusts are commonly used for estate planning and asset protection.
See also: Buying property in a trust
Legal concepts
A latent defect is a hidden defect in a property that is not visible on reasonable inspection — for example structural cracks behind a finished wall, plumbing leaks in a slab, or rising damp behind plaster. A voetstoots clause protects the seller from liability for latent defects the seller did not know about; deliberate concealment of a known latent defect voids that protection.
Marriage & estates
Letters of Executorship is the formal authorisation issued by the Master of the High Court to a nominated executor, empowering them to administer a deceased estate. Until Letters of Executorship are issued, the deceased's property is effectively frozen — no transfer or sale may take place. Issue typically follows the reporting of the death and lodgement of the will.
Compliance certificates
A levy clearance certificate is issued by a body corporate or homeowners association confirming that all monthly and special levies on a property are paid up. It is required before the Deeds Office will register a transfer of a sectional title unit or a property in a freehold estate. The seller pays for the certificate and any outstanding levies.
Conveyancing process
Lodgement is the formal submission of transfer, bond, and cancellation documents to the Deeds Office for examination and registration. Lodgement triggers a 3–5 working day examination period in Pretoria; if the documents pass examination, the Registrar registers them. Where bonds and transfers must register together (a bonded purchase), all sets are lodged simultaneously.
Compliance certificates
The Mandatory Disclosure Form is the prescribed form a seller must complete and sign before or together with the Offer to Purchase, disclosing all known defects and material facts about the property. Required under section 67 of the Property Practitioners Act 22 of 2019 (effective 1 February 2022) for every residential property sale in South Africa, including private sales.
See also: Mandatory Disclosure Form
Statutes & regulators
The Master of the High Court is the South African office that supervises the administration of deceased and insolvent estates, trusts, curatorships, and the affairs of minors. The Master appoints executors and trustees, issues Letters of Executorship and Letters of Authority, and approves Liquidation and Distribution accounts.
Bond & finance
A mortgage bond is a real right registered over immovable property at the Deeds Office that secures repayment of a debt — typically a home loan from a bank. Until the underlying debt is settled and the bond is formally cancelled by a cancellation attorney, the bond remains registered against the property even if the loan is fully repaid.
OTP & contract
Occupational rent is a daily rent payable when a buyer takes occupation of a property before transfer is registered, or when a seller remains in occupation after transfer. The amount is agreed in the Offer to Purchase and is typically equivalent to the bond repayment or fair market rental. It is calculated daily and paid monthly in advance.
OTP & contract
An Offer to Purchase is the written, signed contract between buyer and seller for the sale of immovable property in South Africa. Required by section 2(1) of the Alienation of Land Act 68 of 1981 to be in writing, the OTP becomes binding from the moment of mutual signature. It must identify the parties and property, state the price and payment terms, and contain any suspensive conditions.
See also: What must be in an OTP
Marriage & estates
Out of community of property is the South African marriage regime where the spouses retain separate estates. It must be created by a notarially executed antenuptial contract signed before the marriage. Couples may further elect the accrual system, which shares growth in their respective estates during the marriage on dissolution by death or divorce.
Property types & structures
A participation quota is the proportional share assigned to each section in a sectional title scheme, calculated from the floor area of the section relative to the total scheme. The PQ determines the section's share of common property, the owner's monthly levy contribution, and the weight of the owner's vote at body corporate meetings.
Documents
A Power of Attorney to pass transfer is a notarially signed authority by which the seller authorises the conveyancer to sign the deed of transfer at the Deeds Office on the seller's behalf. It is the standard mechanism in every South African property transfer and is one of the documents lodged at the Deeds Office alongside the deed of transfer.
Statutes & regulators
The Property Practitioners Act 22 of 2019 regulates estate agents and other property practitioners in South Africa. It established the Property Practitioners Regulatory Authority, introduced the Mandatory Disclosure Form (section 67), prohibits referral kickbacks (section 58), and provides a five-day cooling-off period for buyers in agent-mediated sales.
Compliance certificates
A rates clearance certificate is issued by the local municipality (Tshwane Municipality for Pretoria properties) confirming that all rates, taxes, and service charges on a property are paid up. Section 118 of the Local Government: Municipal Systems Act 32 of 2000 prohibits the Deeds Office from registering a transfer without it. The certificate is valid for 60 days.
See also: Rates clearance (Tshwane)
Legal concepts
A real right is a right enforceable against the world (in rem) over immovable property — for example ownership, a registered mortgage bond, or a registered servitude. Real rights are created by registration at the Deeds Office and bind successive owners. They contrast with personal rights, which are enforceable only between the contracting parties.
Conveyancing process
Registration is the moment the Deeds Office officially records the transfer of ownership in the title-deed registry. Until registration occurs, the seller remains the legal owner regardless of whether the buyer has paid or taken occupation. From registration onward, the buyer is the registered owner and bears all risk and responsibility for the property.
Statutes & regulators
The South African Revenue Service is the national tax authority responsible for collecting transfer duty, VAT, capital gains tax, donations tax, and estate duty on property transactions. Conveyancers submit transfer-duty declarations and obtain transfer-duty receipts from SARS before lodging transfer documents at the Deeds Office.
Property types & structures
Sectional title is a form of property ownership in South Africa where an owner holds a section (such as an apartment or townhouse unit) within a sectional title scheme, plus an undivided share of the common property. Created and managed under the Sectional Titles Act 95 of 1986 and the Sectional Titles Schemes Management Act 8 of 2011.
Legal concepts
A servitude is a registered real right that limits the rights of an owner of immovable property in favour of another person or property — for example a right of way, a power-line servitude, or a right of habitation. Servitudes are registered against the title deed at the Deeds Office and bind successive owners.
Conveyancing process
Simultaneous lodgement is the practice in a bonded property purchase of lodging the transfer, the new bond, and the cancellation of the seller's existing bond at the Deeds Office on the same day so that they register together. The transfer attorney coordinates with the bond and cancellation attorneys to align all three sets of documents.
Legal concepts
Specific performance is a court order compelling a party who has breached a property sale agreement to perform their obligations — typically forcing the seller to transfer the property or the buyer to pay the price. South African courts have a wide discretion to order specific performance, though they may award damages instead where performance is impossible or inequitable.
OTP & contract
A suspensive condition is a clause in an Offer to Purchase that makes the contract conditional on a future uncertain event — most commonly bond approval within 21–45 days. Until the condition is fulfilled, the agreement exists but does not take full effect. If the condition fails by the deadline, the agreement lapses and the deposit is refunded to the buyer.
Documents
A title deed is the document, registered at the Deeds Office, that records ownership of immovable property in South Africa. It identifies the registered owner, the property description, and any conditions, servitudes, and bonds registered against the property. The original title deed is held by the buyer if the property is unbonded, or by the bondholder bank for the duration of any registered bond.
Conveyancing process
The transfer attorney is the conveyancer appointed by the seller (by long-standing convention) to prepare the deed of transfer, obtain rates and levy clearance certificates, pay transfer duty to SARS, and lodge the transfer documents at the Deeds Office. The buyer pays the transfer attorney's fees.
See also: Who appoints the conveyancer
Costs & taxes
Transfer cost is the total once-off package the buyer pays to transfer property into their name in South Africa: transfer duty (paid to SARS), conveyancing attorney fees (subject to 15% VAT), the Deeds Office registration levy, and disbursements (FICA, postage, search fees). Transfer cost is distinct from transfer duty, which is only one component.
See also: Transfer costs explained
Costs & taxes
Transfer duty is the South African government tax payable to SARS by the buyer on the acquisition of immovable property. For the 2025/2026 tax year (effective 1 April 2025), properties at or below R1,210,000 are exempt; above the threshold, transfer duty is calculated on a sliding scale of 3% to 13% under the Transfer Duty Act 40 of 1949.
Property types & structures
In a sectional title scheme, trustees are the owners elected by the body corporate at its annual general meeting to manage the day-to-day affairs of the scheme. Their duties include collecting levies, maintaining common property, enforcing conduct rules, and reporting to the body corporate. They act under the Sectional Titles Schemes Management Act 8 of 2011.
Marriage & estates
A usufruct is a registered personal servitude granting a holder (the usufructuary) the right to use and enjoy property and its fruits for the holder's lifetime or a stated period, while ownership remains with another. Usufructs are commonly used in estate planning for surviving spouses and are registered against the title deed at the Deeds Office.
Costs & taxes
Value-Added Tax at 15% applies to property sales where the seller is a VAT-registered vendor — typically a property developer selling new units. In such cases, transfer duty does not apply: the buyer is liable for either VAT or transfer duty on a transaction, never both. The VAT, where applicable, is normally included in the purchase price.
OTP & contract
Voetstoots is an Afrikaans legal term meaning "as is". A voetstoots clause in an Offer to Purchase means the buyer accepts the property in its existing condition, including any latent defects the seller did not know about. The clause does not protect a seller who knew of a defect and deliberately concealed it from the buyer; nor does it apply where the Consumer Protection Act covers the sale.
Written by
Martin Kotzé
Admitted Attorney and Conveyancer of the High Court of South Africa — MJ Kotze Inc, Pretoria
Common questions
Our conveyancing fee is R20,000 inclusive of VAT for standard freehold and sectional title residential transfers at the Pretoria Deeds Office. Transfer duty, Deeds Office fees, clearance certificate costs, and disbursements are not included.