GUIDELINE OF FEES

CONVEYANCING: CONVENTIONAL DEEDS (ACT 47/1937)

Effective from 27 May 2024

Conveyancing fees are negotiable. These are merely guidelines and not minimum or maximum fees.

The fees recommended in this guideline cover general conveyancing duties performed by a conveyancer for procuring the due and proper execution and registration of the relevant deed or document, or the filing or cancellation thereof, as the case may be. This includes the responsibility placed on the conveyancer for the accuracy of the facts mentioned in deeds or documents or which are relevant in connection with the registration or filing thereof, as contemplated in section 15A of the Deeds Registries Act, Act 47 of 1937 (the Act), as amended.

Conveyancers ensure that copies of any deeds and documents are identical as of the date of lodgement, that all applicable conditions of title are correctly brought forward in any deed of transfer or certificate of title, and that any person signing a document as principal or representative has been appointed and is acting within the powers granted to him or her. They also ensure that any security required has been furnished to the Master, that parties to deeds are correctly reflected, that the necessary authority has been obtained for the signing of any document in a representative capacity, and that the transaction in question is authorized by and in accordance with the constitution, regulations, or founding statement or trust instrument of a trust, as applicable.

Further, conveyancers ensure that the relevant particulars in the deed have been correctly brought forward from the power of attorney, as contemplated in Regulation 44A of the Deeds Regulations. This process includes taking and giving instructions, all correspondence, perusal of completed deeds of sale, preparation and attendance on signature of all powers of attorney, declarations, affidavits, resolutions, status affidavits, company certificates, exchange control certificates, certificates in terms of section 20 of the Alienation of Land Act 68/1981, and other necessary preliminary and ancillary documents.

Additionally, conveyancers handle attendances in connection with obtaining, preparing, and signing ancillary documents required by a mortgagee in terms of the National Credit Act, payment of transfer duty or VAT and of all rates levied by any lawful authority, obtaining and making all clearance and other certificates, including attendances or consultations with an outside agent to obtain clearance certificates. They also peruse memoranda of incorporation and trust deeds, make all necessary financial arrangements, including issuing guarantees on behalf of bondholders or the provision and checking of guarantees and attending payment in terms thereof.

Conveyancers also draw and prepare any document, including all copies thereof, required for execution or registration at a deeds registry and obtain registration thereof, arrange simultaneous lodgement and registration with another conveyancer or other conveyancers where necessary, give all references required by the deeds registry for examination purposes, and attend all necessary meetings at the deeds registry.

However, these duties do not include: