Common pitfalls to avoid during the conveyancing process

Conveyancing is a complex legal process that involves transferring ownership of property from one party to another. In South Africa, conveyancing is governed by various laws and regulations that ensure that property transfers are conducted legally and ethically. However, there are several common pitfalls that can occur during the conveyancing process, which can delay or even derail the transaction. In this blog post, we will discuss some of the common pitfalls to avoid during the conveyancing process in the South African property context.

Failing to do a thorough property inspection

One of the most common pitfalls in the conveyancing process is failing to do a thorough property inspection. It is essential to inspect the property you wish to purchase carefully to ensure that it meets your requirements and is in good condition. Some issues to look out for during a property inspection include structural defects, dampness, plumbing and electrical issues, and the general condition of the property. Failing to do a proper inspection could result in unexpected expenses and could even cause the property sale to fall through.

A seller’s disclosure form is not a substitute for your own inspection. Section 67(5) of the Property Practitioners Act 22 of 2019 expressly preserves the buyer’s right to undertake a property inspection, for his or her own account, to confirm the state of the property before finalising the transaction.

Ignoring zoning regulations

Zoning regulations are laws that determine how the land can be used and developed in a particular area. It is essential to be aware of the zoning regulations in the area where the property is located to ensure that the intended use of the property is allowed. Ignoring zoning regulations could result in the property being unsuitable for the intended use, which could lead to legal issues and even financial losses. A zoning certificate from the local municipality will confirm the permitted use, and it is worth obtaining one before signing if you intend to run a business from the property, subdivide it, or build.

Not disclosing all relevant information

It is crucial to disclose all relevant information about the property to the buyer during the conveyancing process. This includes any defects, disputes, or legal issues that could affect the property’s value or the buyer’s ownership rights. Failure to disclose this information could result in legal action being taken against the seller and could cause the sale to fall through.

Since the Property Practitioners Act 22 of 2019 came into operation on 1 February 2022, this is a statutory requirement. Section 67(1) provides that a property practitioner may not accept a mandate unless the seller or lessor has given them a fully completed and signed mandatory disclosure form in the prescribed form, and must give a copy of it to a prospective purchaser or lessee who intends to make an offer.

The consequence of getting this wrong falls on the seller. Under section 67(2), the completed form signed by all relevant parties must be attached to the sale agreement and forms an integral part of it — and if the form was not completed, signed or attached, the agreement must be interpreted as if no defects or deficiencies of the property were disclosed to the purchaser. In other words, a seller who skips the form loses the protection of anything they thought they had disclosed. Section 67(3) separately allows an affected consumer to hold a non-compliant property practitioner liable.

One limitation is worth knowing: section 67 operates through the property practitioner. A genuinely private sale, concluded without an estate agent, falls outside it, and the parties are left to the common law and whatever the agreement itself says about defects and voetstoots.

Failing to obtain the necessary certificates

Before a property can be transferred, certain certificates must be obtained to ensure that the property meets various legal requirements. It helps to know which of these are imposed by law and which are simply a matter of what the parties agreed:

• Electrical certificate of compliance — required under the Electrical Installation Regulations, 2009 made under the Occupational Health and Safety Act 85 of 1993. Regulation 7(5) prevents the user or lessor from allowing a change of ownership where the certificate is more than two years old, so an older certificate must be renewed before registration of transfer.
• Gas certificate of conformity — regulation 17(3) of the Pressure Equipment Regulations requires an authorised person or approved inspection authority to issue a certificate of conformity after a gas installation, modification, alteration or change of user or ownership. A fresh certificate is therefore needed on every sale of a property with a fixed gas installation, however recent the existing one may be.
• Electric fence system certificate — regulation 12 of the Electrical Machinery Regulations, 2011 requires the user of an electric fence system to hold a certificate of compliance, and a new one is required on a change of ownership of the premises. This one is frequently overlooked.
• Beetle or borer certificate — despite how often it is described as a legal requirement, this is not a statutory one. It is a contractual requirement, customary in the coastal provinces where wood-boring beetles are a real risk, and it applies only because the sale agreement says so. Inland sales, including in Gauteng, ordinarily do not call for it.
• Plumbing or water installation certificate — also not a national requirement. It is imposed by municipal by-law in certain municipalities, most prominently the City of Cape Town, so whether you need one depends on where the property is.

Failing to obtain the necessary certificates could result in the sale falling through or could even result in legal action being taken against the seller.

Not understanding the costs involved

The conveyancing process involves various costs, including transfer duty, conveyancing fees, Deeds Office registration fees and, where a bond is involved, bond registration fees. These are separate charges payable to different parties, and the buyer generally carries them.

Transfer duty is payable to SARS by the buyer. The first R1 210 000 of the purchase price is zero-rated, with duty then charged on a sliding scale rising to 13% on the portion above R13 310 000. These rates took effect on 1 April 2025 and have been carried forward unchanged. Transfer duty is distinct from VAT: where the seller is a VAT vendor selling in the course of their enterprise, the sale attracts VAT instead and no transfer duty is payable.

Conveyancing fees are charged against the Law Society of South Africa’s Guideline of Fees, the current version of which took effect on 1 July 2026. It is important to understand what that guideline is and is not: it is a recommendation, not a tariff fixed by law, and attorneys’ fees remain negotiable under the Legal Practice Act 28 of 2014. The guideline fee also does not include the Deeds Office registration fee, transfer duty, the bond attorney’s fee or the cost of compliance certificates.

Failing to understand the costs involved could result in financial difficulties and could even cause the sale to fall through. Ask for a written pro-forma statement of account at the outset rather than assuming.

Overlooking the move to electronic deeds registration

The Electronic Deeds Registration Systems Act 19 of 2019 came into full operation on 1 April 2025 by Proclamation 250 of 2025. It empowers the Chief Registrar of Deeds to establish an electronic system for the preparation, lodgement, registration, execution and storage of deeds.

The change is being introduced in phases rather than overnight. A dual registration process is running over a five-year transition, with both manual and electronic lodgement available, and the first release covers online access to deeds information together with a limited set of electronic lodgement transactions. For sellers and buyers this mostly matters in one practical respect: registration timelines during a phased changeover are not always predictable, so build some flexibility into occupation dates rather than assuming a fixed registration day.

Not choosing the right conveyancer

Buying property is one of the biggest financial commitments most people make and is often the most expensive asset they own. Conveyancing is a complex legal process that requires expertise and experience. For a comprehensive overview, see our beginner’s guide to conveyancing. It is essential to use a qualified conveyancer to guide you through the process and ensure that all legal requirements are met. Not using a qualified conveyancer could result in legal issues and could cause the sale to fall through.

A conveyancer’s specialised knowledge enables a smooth transaction as they take responsibility for the correctness of all documents submitted to the Deeds Office. South Africans are fortunate that our deeds office property registration system is one of the best and safest in the world. Our Conveyancing department’s professional team is always available to attend to the transfer of immovable property throughout South Africa.

Pagel Schulenburg Conveyancing services include:

• Attending to property transfers, whether it be commercial property transactions, or property transfers arising from divorce matters and deceased estates and trusts
• Drafting sale agreements and other necessary documents relating thereto
• Providing general legal advice on property-related matters

The conveyancing process is a complex legal process that requires expertise and experience. Failing to avoid the common pitfalls discussed in this blog post could result in legal issues, financial losses, and the sale falling through. For all your property transactions, our firm would be more than willing to assist you in making the transfer process as smooth as possible.

Updated 15 September 2026 — Set out section 67 of the Property Practitioners Act 22 of 2019 in full, including that an agreement without a signed disclosure form is interpreted as if no defects were disclosed, and that a private sale concluded without an estate agent falls outside the section. Gave the statutory basis for each compliance certificate — electrical (valid for no more than two years at transfer), gas (a fresh certificate on every change of ownership) and electric fence systems — and corrected the beetle certificate, which is a contractual requirement customary in the coastal provinces rather than a legal one, as is the plumbing certificate outside the municipalities that require it. Added the current costs: transfer duty zero-rated to R1 210 000, and the LSSA conveyancing fee guideline effective 1 July 2026, which is a recommendation rather than a fixed tariff. Added the Electronic Deeds Registration Systems Act 19 of 2019, in operation since 1 April 2025 with a five-year dual manual and electronic transition.