South Africans selling their homes face six-month delays

Selling property in Johannesburg could take six months or longer due to severe delays at the city’s Deeds Office, compounded by building damage, staff shortages, and unapproved building plans.

On 25 February 2025, Johannesburg’s Deeds Office closed after the Department of Employment and Labour shut down the building’s elevators due to non-compliance. On 6 March, the office officially reopened.

Despite the Department of Agriculture, Land Reform, and Rural Development (DALRRD) asserting that it was not officially closed, access to essential services at the Deeds Office was severely hindered by substantial building challenges.

VDM Law director Cor van Deventer explained that the fire and flood-damaged Johannesburg Deeds Office is also battling with reduced staff numbers, building safety issues, and disorganised records.

This has resulted in cash flow issues and significant delays in property transfers. Registrations, which should take 6 to 12 weeks now face further delays of at least two to three months.

“We are aware of plans by the Johannesburg Deeds Office to relocate to another building, but that’s only going to be in September 2026 (or later),” Van Deventer said, urging serious sellers to get their properties on the market as soon as possible.

One key to a successful sale is having approved municipal plans for swimming pools, garages, and other extensions and changes to the property.

“We recently had a situation where a seller brought us his building plans, which he’d stored safely in his cupboard,” he said. While an architect had professionally drawn them up, the municipality had not approved the plans.

This meant they had to be submitted at a cost of more than R10,000, causing a lengthy delay in the transfer process. “Without approved plans, a property sale cannot be registered,” he said.

Sellers forced to wait

Van Deventer explained that delays caused while waiting for plans to be approved can also impact rates and levy clearances, as well as bond cancellation figures.

“Rates clearances are valid for 60 days; levy clearances and bond cancellation figures for 90 days. When these expire, we will have to reapply for new documents,” he said.

“In normal circumstances, we’re able to align the transaction to register before these dates are due.”

Unlike the 6 to 8 working day turnaround time currently experienced in the Pretoria Deeds Office, the Johannesburg office can take weeks or even months.

Unfortunately, sellers do not have the option of choosing which deeds office they want. “Depending on where in Johannesburg you live, your area could fall under Johannesburg or Pretoria,” Van Deventer said.

“As a rough guideline, the more northern suburbs such as Vorna Valley, Lonehill, and Sandton, fall under the Pretoria Deeds Office, whereas Springs, Benoni, Brakpan, Germiston and other more southerly areas fall under the Johannesburg Deeds Office.”

The municipal plan approval process is standardised throughout South Africa in accordance with the National Building Regulations and Building Standards Act.

However, Van Deventer said there can be differences from area to area when it comes to altering or adding to heritage buildings.

Again, sellers need to factor potential delays around these approvals and the accompanying expenses into their plans and budgets.

When it comes to urgent or distressed sales, he said there are a couple of options. “One is that we draw up an addendum or annexure to the sales agreement, allowing for the seller to pay for approved plans with the proceeds of the sale.”

This is restricted to cases where the bank does not require these plans for a bond approval. “Another option is bridging finance, but that’s expensive and should ideally be regarded as a last resort,” he said.

To be safe, Van Deventer recommended working on the assumption that it will take six months. “That should give you enough time to have your plans approved, and for the sales process to go through to registration,” he said.