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Buying in South Africa

Please contact us, if you would like more information about any of the points below.

 

Non-Residents

There are no restrictions on people wishing to buy property in South Africa. However, in certain cases, there are specific requirements or procedures that need to be followed.

Buying a property

Contracts to purchase land must be completed in writing and signed by both buyer and seller. They must also contain certain prescribed information and take the form of either an agreement of sale or an offer to purchase.

Financial Assistance

Loans to non-resident purchasers do fall under certain restrictions and may require approval by the SA Reserve Bank.

Transfer Procedure

It is customary for the seller to appoint a conveyancer to attend the registration of transfer of a property sold. The conveyancer will prepare the requisite transfer documentation.

Signing Documents

If signed outside South Africa, transfer documentation must be authenticated.

Agreement of Sale

The agreement of sale or an offer to purchase must contain the following provisions: purchase price, occupation, possession, transfer and occupational interest, voetstoots ("as is"), electrical and beetle-free certificates and fixtures and fittings.

Exchange Control

All funds introduced from outside South Africa may be repatriated together with any profit on resale provided the property has been endorsed "non-resident".

Income Tax

South Africa follows a resident-based income tax system. Non-residents are liable for tax on a more limited basis.

Capital Gains Tax

South Africans are liable for CGT on the disposal of any asset, subject to certain limited expectations.