CONVEYANCING: CONVENTIONAL DEEDS (ACT 47/1937)
GUIDELINE OF FEES
IMPLEMENTATION DATE: 1 JULY 2020
(CPI reference date used for calculations: January 2020)
Conveyancing fees are negotiable. These are merely guidelines and not minimum or maximum fees.
1. GENERAL NOTES:
The fees recommended in this guideline are in respect of and include inter alia the 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 thereof or cancellation thereof, as the case may be, as well as the
responsibility placed on him 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; for ensuring that copies of any deeds and
documents are identical as at the date of lodgement, that all applicable conditions of title are correctly
brought forward in any deed of transfer or certificate of title, that any person signing a document as
principal or representative has been appointed and is acting in accordance within the powers granted to
him and 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, that the transaction in question is authorised by and in accordance with the
constitution, regulations or founding statement or trust instrument of a trust, as the case may be, of any
church, association, close corporation, society, trust or other body of persons, or any institution (whether
created by statute or otherwise) being a party to such document, where applicable, 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; and for this purpose shall include the taking and giving of
instructions, all correspondence, including the perusal of completed deeds of sale; the 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 as well as attendances in
connection with the obtaining, preparation and signature of documents to ensure compliance with the
provisions of the Financial Intelligence Centre Act and the signature of ancillary documents required by a
mortgagee in terms of the National Credit Act; the payment of transfer duty or VAT and of all rates levied
by any lawful authority, the obtaining and making of all clearance and other certificates; including
attendances or consultation with an outside agent to obtain clearance certificates; the perusal of
memoranda and articles of association and trust deeds, the making of all necessary financial
2
arrangements, including the issuing of guarantees on behalf of bondholders or the provision and checking
of guarantees and attending payment in terms thereof; the drawing and preparation of any document,
including all copies thereof, required for execution or registration at a deeds registry and the obtaining of
registration thereof, arranging simultaneous lodgement and registration with another conveyancer or other
conveyancers, where necessary; the giving of all references required by the deeds registry for examination
purposes; and all attendances at the deeds registry, but shall not include —
1.1 any attendance in connection with the drawing and execution of deeds of sale, deeds of donation,
deeds of exchange, preliminary partition agreements, deeds of suretyship and acknowledgements
of debt and documents of a similar nature;
1.2 any separate act of registration of any other document which may be necessary before or in
connection with the first-mentioned act of registration;
1.3 any attendance in connection with the resolution of a dispute between the transferor and the
transferee arising from a deed of sale or any of the other documents referred to in 1.1 above or from
whatsoever cause;
1.4 any attendance arising from negotiations between the parties, resulting in a further agreement or
addendum or amendment to an existing agreement;
1.5 any consultation for the purpose of drafting a marriage contract;
1.6 any attendance or consultation, in addition to taking instructions, relating to the opening of a township
register in terms of Section 46 of the Act; or incisions or excisions;
1.7 any attendance in connection with the preparation and obtaining of documents relating to collateral
security required by a mortgagee;
1.8 any attendance on the issue of additional letters of undertaking and guarantees (other than in favour
of or for bond holders, the seller or transferring attorney or undertakings for cancellation/release of
bond costs in favour of the bond cancellation attorney). Suggested fee: R730 per undertaking /
guarantee;
1.9 any attendance on investments in trust in terms of Section 86(4) of the Legal Practice Act 228/2014.
Recommended fee R730 per investment, alternatively a fee based on the amount and duration of
the investment;
1.10 Any attendance or disbursement paid to a computer software supplier for purposes of receiving or
drafting instructions electronically;
3
1.11 Any attendance or consultation with an outside agent to attend to municipal refunds and
reconciliations on behalf of client. Suggested fee R500. The aforegoing fee excludes the fee payable
to the outside agent;
1.12 Any formal certification to any linked attorney or third party of material facts relating to the transaction
but beyond what is required for registration of the transaction itself and which certification a
conveyancer may, but is not obliged to furnish (such as certification of the sale price, no conditions
or servitudes that adversely affect the value of the property or the security of a mortgage bond, the
disposal not forming a major part of seller’s assets, or compliance with specific sections of the
Companies Act, Insolvency Act or any other Act) and that places the conveyancer at professional
risk: A fee of R1220 per certification or a fee assessed according to the perceived risk and/or
complexity thereof is recommended, payable by the requesting attorney or party.
NOTE: It is recommended that additional charges and disbursements discussed above in 1.1 to 1.12 be
agreed upon in advance with the client.
2. DEFINITIONS
For the purpose of these guidelines —
(a) a folio consists of 100 printed or written words or figures or part thereof and four figures shall be
recorded as one word; and
(b) ‘value of property’ means —
(i) where transfer duty is payable, the purchase price or the amount on which transfer duty
is payable, whichever amount is the higher;
(ii) where no transfer duty is payable in terms of section 9(2) of the Transfer Duty Act 40 of
1949, the purchase price or the declared value as determined in the Transfer Duty Act,
whichever amount is the higher;
(iii) where no transfer duty is payable in terms of Section 9(15) of the Transfer Duty Act 40 of
1949, the purchase price plus VAT;
(iv) where no transfer duty is payable in terms of any other provision of section 9 of the Transfer
Duty Act, 1949, but an official valuation (be it municipal, other local authority or by the
Master of the High Court) is available, then such valuation or the compensation paid,
6
for each additional property if the same title conditions apply. Where the title conditions differ,
a fee assessed according to the length and complexity thereof, is recommended.
2. For certificates of consolidated title under section 40, certificates of amended title and uniform
title under sections 41 and 42 and a certificate in terms of section 38 of the Act: R7300 plus
R1460 for every additional constituent property after the first two properties, or alternatively a
fee assessed according to the length and complexity thereof is recommended. The
recommended fee herein excludes the fee contemplated to in item 10(a) of Section Xl.
SECTION V
DE-REGISTRATION OF MINERAL RIGHTS
(This section has been deleted)
SECTlON VI
A. BONDS
1. The recommended fee for mortgage bonds including surety mortgage bonds be as set out in
column B of the Schedule to this guideline.
2. The recommended fee charged for collateral bonds, being mortgage bonds passed as
additional security for another bond irrespective of where the collateral bond is being
registered, be 75% of the recommended fee as set out in column B of the Schedule to this
guideline.
3. For any waiver in terms of regulation 41(7) when included in a bond, an additional fee of
R1850 is recommended.
4. If more than one property is included in any bond referred to in item I or 2 above the
recommended fee as set out in column A of the Schedule of the guideline shall be increased
by 15% for each additional property, subject to a maximum of R3270 for each additional
property
7
B. LEASEHOLD MORTGAGE BONDS
The recommended fee for leasehold mortgage bonds, including surety bonds, be as set out in
Column B of The Schedule to these guidelines.
NOTE: The recommended fee for all mortgage bonds, including surety and leasehold bonds,
includes the fee, if any, payable to another conveyancer in terms of paragraph 1.12 of the
General Notes.
SECTION VII
NOTARIAL BONDS
The recommended fee for notarial bonds, including surety notarial bonds:
1.1 a basic amount of R1250 for bonds securing an amount up to and including R200 000
and a basic amount of R1870 for bonds securing an amount over R200 000.
plus
1.2 the relevant amount as set out in column B of the Schedule to these guidelines.
2. The recommended fee for collateral notarial bonds passed as additional security for a
mortgage bond or other notarial bond irrespective of where the collateral notarial bond is being
registered, be 75% (seventy five percent) of the fee set out in (Column B of the Schedule to
these) this guideline.
SECTION VIII
MARRIAGE CONTRACTS INCLUDING ALL NOTARIAL CONTRACTS UNDER THE
MATRIMONIAL PROPERTY ACT, 1984 (Act No, 88 of 1984)
For drawing contracts and necessary copies, attending on execution, notarial attestation and
registration, including all correspondence R2450. (This fee does not include any consultations for
the purpose of drafting the marriage contract).
8
SECTION IX
OTHER NOTARIAL DEEDS AND ATTENDANCES
1. For the drawing and registering of any notarial waiver of preference by mortgagee,
usufructuary or other holder of a limited interest, or other notarial consent required under
the Act or the Regulations: R3650.
2. For the drawing and registering of any notarial lease, servitude, donation or other notarial
deed or cancellation thereof (other than those elsewhere specially provided for in this
guideline), a fee of R6080 or a fee assessed according to the length or complexity thereof,
is recommended. If more than one property is included in the same notarial instrument, the
recommended fee as set out in the Schedule of the guideline shall be increased by 15% for
each additional property, subject to a maximum of R3260 for each additional property.
3. For any notarially certified copy of a document (but excluding notarial authentication): R190
per document.
4. For a diplomatic Apostille Certificate or similar prescribed international authentication:
R1850 per document.
5. For the notarial authentication of documents, certificates of identity: R1740 per document
including the first page, plus R130 per additional page in the document.
6. For the notarial attestation of identity and signature of a party, including consultation and
notarisation: R1850 per document.
SECTION X
CANCELLATION, CESSION OR VARIATION OF BONDS, RELEASE OF PERSONS OR
PROPERTY FROM BONDS, AND WAIVER OF PREFERENCE IN REGARD TO RANKING OF
BONDS.
1 (a) For drawing consent to cancellation of bond; consent to cancellation of cession of bond;
release of property or person from a bond; consent to reduction of cover; consent to part
payment of capital; framing waiver of preference in regard to the ranking of a bond;
waiver of preference in respect of real rights in land; consent of mortgagee, usufructuary,
lessee or holder of other limited interest required by the Act or the Regulations and not