Swemmer & Levin

Vredenburg & Velddrif: 022 713 2221
|
Saldanha & Langebaan: 022 714 2244

Of all the costs involved in purchasing a home, transfer duty is one of the largest.

Buying a property in South Africa involves more than just the purchase price.

One of the additional costs that many buyers need to budget for is transfer duty, a tax levied by SARS. Understanding how this tax works is essential for anyone entering the property market, whether you are a first-time buyer, an investor, or simply moving to a new home.

What is transfer duty?

Transfer duty is a tax imposed on the acquisition of immovable property, such as land or a house, that is payable to SARS. In simple terms, it is a tax charged when ownership of property is transferred from one party to another. It is different from transfer costs, which are the fees charged by conveyancers (attorneys who handle the legal transfer of property).

The purpose of transfer duty is to generate revenue for the government, while also ensuring that property transactions are properly recorded and regulated.

Who pays transfer duty?

The responsibility for paying transfer duty rests with the buyer of the property. Once an offer to purchase has been accepted, the conveyancing attorney handling the transfer will calculate the duty owed and collect it from the buyer before lodging the transfer documents with the Deeds Office.

It is important to note that transfer duty must be paid before the transfer can be registered. If it is not paid within the required timeframe, SARS may charge penalties and interest.

Exemptions from transfer duty

There are situations where transfer duty is not payable. These include:

  • Properties under a certain value: As per the latest SARS thresholds (2025/26), no transfer duty is payable on properties valued at R1,210,000 or less.
  • VAT-inclusive transactions: If the seller is registered for VAT and the sale is subject to VAT – usually the case for new-build properties or ‘off-plan’ purchases – then VAT is charged instead of transfer duty.
  • Inheritance: Properties acquired through inheritance are exempt from transfer duty. This is largely to mitigate the possibility of double taxation where an estate is subject to estate duty.
  • Divorce settlements: In cases where a property is transferred between spouses as part of a divorce settlement, transfer duty may not be payable.

Transfer duty rates

Transfer duty is calculated using a sliding scale based on the value of the property. The rates are adjusted periodically by the government.

Transfer duty is a ‘progressive’ tax, i.e., the higher the property price, the higher the rate of transfer duty payable.

Practical example

If you purchase a property for R3,500,000, the transfer duty will be calculated as follows:

0% on the first R1,210,000 R0
3% on the next R453,800 R13,614
6% on the next R665,500 R39,930
8% on the next R665,500 R53,240
11% on the remaining R505,200 R55,572
Total transfer duty payable: R162,356

This example highlights the importance of factoring in transfer duty when planning your property budget.

Why transfer duty matters

For many buyers, transfer duty represents a significant cost on top of the purchase price. Being unaware of it can lead to financial strain or delays in the transfer process. Estate agents and conveyancers often advise clients to budget for this expense early on to avoid surprises.

Additionally, understanding whether VAT or transfer duty applies can make a major difference in affordability, particularly for buyers looking at new developments where VAT is usually charged instead. This is because while buyers need to raise the transfer duty in cash, the VAT portion is usually financed by the home loan.

Transfer duty is a key consideration in any property purchase in South Africa. Buyers should ensure that they understand how the tax is calculated, when it is payable, and whether any exemptions apply to their situation.

By doing so, they can plan their finances better and ensure a smooth transfer process.

 

While every reasonable effort is taken to ensure the accuracy and soundness of the contents of this publication, neither writers of articles nor the publisher will bear any responsibility for the consequences of any actions based on information or recommendations contained herein. Our material is for informational purposes.

Jan Fourie

Director |  Attorney, Notary & Conveyancer | BA. LLB

Jan graduated in 1974 with a five-year BA LLB degree from the University of Stellenbosch, whereafter he was admitted as an advocate and prosecuted as such in the Cape Town and Wynberg Courts. In 1974, he joined Swemmer & Levin as the Candidate Attorney of Mr Levin (founding member) and was admitted as an attorney on 7 April 1976, as a conveyancer on 11 January 1978, and as a Notary on 19 December 1984. Since 1974, he has served in various committees, including the West Coast Chamber of Commerce, the Vredenburg School Committee, and the Malgas Lions Club. 

Furthermore, Jan was the author of the first bilingual law book, The New Debt Collecting Procedures (Die Nuwe Skuldinvorderingsprosedures), which was used by all the Magistrate Courts throughout South Africa. With the founding of the Small Claims Court in Vredenburg, Jan served as one of the first Commissioners. He is currently based at Swemmer & Levin’s Vredenburg office and has been with our firm for more than 47 years.

Pieter Smit

Director | Attorney & Conveyancer | BA. LLB

Pieter obtained his BA Law degree from Stellenbosch University in 1995 and his LLB degree from the North-West University in Potchefstroom in 1998. He served his articles at Marais Muller Attorneys from 1998 to 1999 and was admitted as an attorney in 2000 and as a conveyancer in 2002. Pieter is the founder of PP Smit Attorneys, which opened its doors in 2004. He also became a director of Swemmer & Levin in 2006. Pieter loves the outdoors and participating in all forms of sport, including tennis, golf, fishing, spearfishing, scuba diving, and hiking. 

Johann Maree

Director | Attorney | BA. LLB

Johann matriculated at Oudtshoorn High School and attended Stellenbosch University, where he obtained his BA Law and LLB degrees. Following his studies, he worked for three years as State Prosecutor at the Magistrate’s Court in Cape Town. Johann completed his legal training with the State Attorney in Pretoria and then moved to his hometown, Oudtshoorn, where he worked as a lawyer for a year. In 1983, he finally moved to Vredenburg and joined Swemmer & Levin, where he is still practising as a director. When he is not in the office, Johann enjoys cycling and in his earlier days, he used to be a long-distance junkie.

Richard Phillips

Director | Attorney | Bcom & BProc

After matriculating at Paarl Boys’ High School, Richard completed his BCom and BProc degrees at the University of Port Elizabeth. He served his articles with Van Wyk Fouchee in Paarl and quickly developed an affinity for litigation. Richard has always had a deep love for the ocean and when he was presented with an opportunity to join Swemmer & Levin on the West Coast, he agreed without hesitation and has been with our firm since 1997. Richard specialises in general litigation and divorces. When he is not in the office or with his family, he tries to spend as much time as possible in or on the water.

Jandré Smith

Director | Attorney | LLB

Jandré grew up and matriculated in the small Klein Karoo town of Oudtshoorn. He furthered his studies at the North-West University in Potchefstroom, obtaining his LLB degree during 2015. He completed his articles at Swemmer & Levin in 2017 and was subsequently appointed as a professional assistant. In 2020, Jandré was promoted to the position of director at the firm, where he practises in the Litigation department at our Langebaan office. When not practising law, Jandré is an avid sports fan. He has a passion for nature and enjoys camping, trail running, and mountain biking with his family.

Andre van der Walt

Director | Attorney | LLB

Andre graduated in 2015 with an LLB degree from the University of Pretoria. He later went on to obtain his NQF 7 Certificate in the Administration of Deceased Estates from the University of South Africa, which allowed him to further his career in deceased estates and the drafting of wills and trusts. Andre served his articles at Barnard & Patel Attorneys under the supervision of Mr YAS Patel. After being admitted as an attorney in 2016, he continued working at Barnard & Patel Attorneys as a professional assistant in the deceased estates department.

Andre joined Van Rensburg Attorneys in 2019 and was head of the deceased estates department until 2021. He then received the opportunity to move to the West Coast, where he joined Swemmer & Levin Attorneys. Andre loves travelling and enjoys the beauty that our country has to offer with his friends, family, and loved ones.

Harmann Potgieter

Attorney | LLB

Harmann graduated in 2018 with an LLB degree from the North-West University’s Potchefstroom Campus. He went on to study and grow in various fields, including doing a course on the Consumer Protection Act and a course at the University of South Africa where he obtained his NQF 7 Certificate in the Administration of Deceased Estates.

Harmann completed his articles of clerkship at Swemmer & Levin under the supervision of Mr Richard Phillips. After being admitted as an attorney in 2020, Harmann continued with Swemmer & Levin as a professional assistant in the deceased estates department as well as the litigation department. He loves to study, possesses a deep curiosity about the world, and is dedicated to giving back to the community.

 

Carla Cloete

 

Director | Attorney, Conveyancer & Notary | LLB  

Carla obtained her LLB at the North West University, Potchefstroom Campus in 2015. She completed her articles in 2017 with Brits Dreyer Inc in Bellville. She is an admitted Attorney, Notary and Conveyancer. After her articles she relocated to Kimberley where she worked as a professional assistant in the Conveyancing department of Van de Wall Inc. Coming back to her Western Cape roots, she now joins the Swemmer & Levin team as a professional assistant.