Legal Support for Sectional Title Purchase in South Africa
Buying a sectional title unit in South Africa runs through a defined sequence of steps that determine when ownership actually passes and what it costs to get there. It begins with the Offer to Purchase: a written, signed agreement that usually carries suspensive conditions for bond approval and, where relevant, the sale of the buyer's existing property. The seller then appoints the transferring attorney — an admitted conveyancer — while the bank appoints a separate bond attorney and, where the seller still has a bond, a cancellation attorney. The transferring attorney conducts Deeds Office searches on the title deed and the sectional plan, checking for servitudes, endorsements, interdicts and the existing bond that must be cancelled. For a unit in a sectional title scheme the due diligence widens to the scheme's conduct and management rules (PMR and CR under the STSMA), the body corporate's budget and levy roll, the reserve fund required by the STSMA, trustee and general meeting minutes, and any special levy that has been raised or is being contemplated. Before lodgement the file must gather a rates clearance certificate from the municipality, a levy clearance certificate from the body corporate, an electrical compliance certificate (CoC) and, depending on the property and the municipality, plumbing, gas, electric fence and beetle certificates. Transfer duty is paid to SARS unless the seller is a VAT-registered developer, in which case VAT applies instead of transfer duty — never both. FICA verification of both parties is compulsory. vindarop explains these checkpoints and the order they happen in, without promising outcomes for any particular transaction.
Deeds Office Searches
Sectional Title Records
Clearance Certificates