If you’ve ever asked yourself what is a conveyancing lawyer, especially in the South African property market, you’re not alone. For many people buying or selling a home, this legal role remains misunderstood—until something goes wrong. A conveyancing lawyer is your behind-the-scenes hero, working to ensure that property transfers are legally sound, efficiently processed, and stress-free.
What is a conveyancing lawyer and what exactly do they do?
A conveyancing lawyer is a qualified attorney in South Africa who specialises in the legal process of transferring property ownership from one person to another. Their job includes drafting sale agreements, conducting property searches, ensuring municipal rates and taxes are paid, and lodging documents at the Deeds Office. Without a conveyancer, your property transaction can be delayed, rejected, or even declared invalid. They play a vital role in protecting your investment, ensuring compliance with local laws, and avoiding legal pitfalls.
Is a conveyancing lawyer required by law in South Africa?
Yes, in South Africa, property transfers must be handled by a conveyancer—a lawyer who has passed an additional examination in conveyancing and is admitted by the High Court. This requirement is in place to ensure that all legal aspects of property registration are completed correctly. Without a registered conveyancer, the Deeds Office will not accept your transaction. You can read more about how we assist buyers and sellers through this process on our conveyancing service page.
How does the conveyancing process work?
The conveyancing process typically involves several steps:
- Drafting and signing the Offer to Purchase
- Obtaining bond approval (if applicable)
- Conducting property title and municipal clearance searches
- Drafting transfer documents and obtaining signatures
- Paying transfer duty and fees
- Lodging documents at the Deeds Office
- Final registration of property in the buyer’s name
Each of these steps requires attention to detail and legal accuracy—areas where a conveyancing lawyer is indispensable.
How long does it take to transfer property in South Africa?
On average, the conveyancing process takes between 6 to 12 weeks, depending on factors such as bond approval delays, municipal clearance certificates, or errors in documentation. A proactive conveyancing lawyer helps manage these timelines, keeps clients informed, and pushes for swift resolution of issues. Their experience can make the difference between a deal closing on time or falling apart entirely.
Can a conveyancing lawyer help if a deal falls through?
Absolutely. When property transactions don’t go as planned—perhaps a buyer pulls out, financing falls through, or a seller breaches the agreement—a conveyancing lawyer steps in to provide legal advice, assist with dispute resolution, or initiate legal proceedings if necessary. At Andrew Scott Attorneys, our legal team often works alongside our conveyancers to protect our clients’ interests in such cases.
What risks do you face without a conveyancing lawyer?
Without a skilled conveyancing lawyer, you expose yourself to numerous legal and financial risks, including:
- Delays due to incomplete or incorrect documentation
- Transfer being rejected by the Deeds Office
- Paying incorrect amounts in transfer duty or fees
- Undetected property encumbrances
- Title deed errors or delays
- Exposure to fraud
These issues can result in significant financial losses or the complete failure of a property transaction.
What are the fees and costs associated with conveyancing?
Conveyancing fees are based on the purchase price of the property and are regulated by guidelines from the Legal Practice Council. These fees typically include:
| Fee Category | Approximate Cost |
|---|---|
| Conveyancer’s fee | R6,000 – R50,000+ |
| Transfer duty | Based on SARS threshold |
| Deeds Office fee | R70 – R4,000+ |
| Postage & petties | R1,000 – R2,000 |
| Rates clearance | Varies by municipality |
Your conveyancing lawyer will provide a detailed cost estimate upfront, allowing you to budget for the transaction effectively.
What documents does a conveyancing lawyer need?
To begin the process, a conveyancing lawyer will typically need:
- A signed Offer to Purchase
- Identity documents from buyer and seller
- Proof of residence
- Bond approval letter (if applicable)
- Tax numbers
- Marriage certificates (if applicable)
- Company registration documents (for legal entities)
These documents help the lawyer verify the legal standing of all parties and comply with FICA regulations. You can also get personalised guidance via our legal advice page.
Can a conveyancing lawyer assist with estate or inherited property?
Yes, if a property forms part of a deceased estate, a conveyancing lawyer will coordinate with the executor to manage the transfer. This often involves working closely with an estate planning attorney to ensure that all legal and tax obligations are fulfilled before the property can be registered in the beneficiary’s name. Special care must be taken to adhere to inheritance laws and avoid delays with the Master of the High Court.
Where can I find a reliable conveyancing lawyer in South Africa?
If you’re buying, selling, or transferring property, the experienced team at Andrew Scott Attorneys is ready to assist. Our dedicated conveyancers handle everything from start to finish, ensuring your transaction is seamless and stress-free. With expertise across property, contract, and family law, we offer comprehensive legal support tailored to your needs. For recent legal insights and updates, visit our news section.
