Home / Africa / South Africa / Real Estate
Real Estate & Conveyancing | South Africa

Real Estate

Real Estate & Conveyancing 

South Africa

The South African real estate sector, although facing a range of challenges, provides opportunities illustrative of a dynamic real estate landscape. Aparthotels, flexible workspaces, mixed-use precincts, green buildings and alternative finance structures are a few examples of the exciting disruption in the market. 

The real estate sector is often at the centre of changes echoed by evolutions of the legislative, regulatory and social frameworks in force exhibiting its important role in society. 

To secure and optimise your real estate projects and assets in this changing and complex environment containing multiple technical subtleties, a commercial acuity of legal and fiscal issues is essential, from the planning of your operations to their execution. 

Whether you are a local or foreign investor, a large company or small to medium enterprise, a local authority, a financial institution or any other operator in the sector, we are able to support you with each stage of your project through to registration.

With skills and expertise ranging from commercial and residential conveyancing, notarial services and mortgage and notarial financing, our lawyers provide decisive, pragmatic solutions allowing clients to react quickly to seize opportunities. 

Broad expertise for diverse clients

We advise and assist national and international market leaders in the real estate industry, financial institutes, property managers and property developers, real estate agents and project managers.

In addition to well-known institutional investors and industrial companies, our references also include public bodies and financial institutions. 

We’re immersed in your world. Your interests and priorities are at the heart of what we do. Our next-generation mindset is woven into all we do. It means we can anticipate the likely challenges, accelerate our pace and create the space to develop innovative solutions. 

Our lawyers are genuine experts in their fields, with a grasp of detail that’s second to none - from real estate, hotels & leisure, financial institutions and services, to energy and telecommunications service providers, transport and infrastructure companies and the pharmaceutical industry.     

Our services

  • Registration of commercial and real estate transfers
  • Registration of mortgage bonds and notarial bonds (special and general notarial bonds) as part of real estate finance, project financing and restructuring transactions
  • Drafting, vetting and negotiation of property-related agreements such as leases, sale agreements, sale of leasing enterprise agreements, annexures/special conditions and all notarial deeds;
  • Attending to real estate due diligence investigations
  • Drafting and registration of notarial deeds such as servitudes, notarial leases and notarial ties
  • Registration of subdivisions and consolidations
  • Notarial attestations such as witnessing the execution of documents, verifying the authenticity of signatures and authenticating copies of documents including Apostille certificates and the legalisation of documents for use outside of South Africa
  • Advising and registration of antenuptial contracts

Talk to us today to find out how our innovative solutions can help you face the future with confidence.
 


Feed

02/02/2022
Re­place­ment of the Es­tate Agency Af­fairs Act 1976 aims to trans­form the...
The Prop­erty Prac­ti­tion­ers Act (PPA), which came in­to ef­fect on the 1st of Feb­ru­ary 2022, will ef­fect­ively re­peal the old Es­tate Agency Af­fairs Act 1976 (EAA Act) to pro­tect the in­terests of con­sumers...
21/01/2022
5 les­sons learnt in real es­tate in 2021 to take in­to 2022
Prop­erty own­er­ship is one of the best forms of long-term in­vest­ment that any per­son can make. For most South Afric­ans, pur­chas­ing a home is a sig­ni­fic­ant mile­stone that af­fords them sta­bil­ity and eco­nom­ic...
10/01/2022
CMS Next
What’s next? In a world of ever-ac­cel­er­at­ing change, stay­ing ahead of the curve and know­ing what’s next for your busi­ness or sec­tor is es­sen­tial.At CMS, we see ourselves not only as your leg­al ad­visers but also as your busi­ness part­ners. We work to­geth­er with you to not only re­solve cur­rent is­sues but to an­ti­cip­ate fu­ture chal­lenges and in­nov­ate to meet them.With our latest pub­lic­a­tion, CMS Next, our ex­perts will reg­u­larly of­fer you in­sights in­to and fresh per­spect­ives on a range of is­sues that busi­nesses have to deal with – from ESG agen­das to re­struc­tur­ing after the pan­dem­ic or fa­cing the di­git­al trans­form­a­tion. We will also share with you more about the work that we are do­ing for our cli­ents, help­ing them in­nov­ate, grow and mit­ig­ate risk.To be able to provide you with the best sup­port, we im­merse ourselves in your world to un­der­stand your leg­al needs and chal­lenges. However, it is equally im­port­ant that you know who we are and how we can work with you. So, we in­vite you to meet our ex­perts and catch a glimpse of what is hap­pen­ing in­side CMS.En­joy read­ing this pub­lic­a­tion, which we will up­date reg­u­larly with new con­tent.CMS Ex­ec­ut­ive Team
08/12/2021
Should suc­ces­sion re­place cus­tom­ary law in town­ships?
People are still fa­cing the re­per­cus­sions of apartheid laws, which im­pact in­her­it­ance claims and re­la­tion­ships.RIGHT OR WRONG? For some, cus­tom­ary law dis­crim­in­ates on the grounds of status or gender.Own­ing...
23/04/2021
Com­mer­cial prop­erty activ­ity sub­dued with va­cancy rates rising in a buy­er­'s...
Con­cerns re­lated to Cov­id-19 and its im­pact on com­mer­cial prop­erty, re­main strong.  Sub­dued com­mer­cial prop­erty rent­al activ­ity could cre­ate down­ward pres­sure on rent­als and even a de­cline in av­er­age...
01/02/2021
Elec­tron­ic sig­na­tures in real es­tate doc­u­ments in South Africa
1. Which doc­u­ments can use an elec­tron­ic sig­na­ture and take leg­al ef­fect? In gen­er­al, an elec­tron­ic sig­na­ture can be used in most trans­ac­tions un­less:the law pro­hib­its the use of elec­tron­ic sig­na­tures...
20/08/2020
New landown­er­ship rights in TB­VC areas set to af­fect de­velop­pers
The sug­ges­ted changes to the Up­grad­ing of Land Ten­ure Rights Act, 1991 (UL­TRA) set out in the Land Ten­ure Rights Amend­ment Bill forms part of a labyrinth of South Africa’s land re­form le­gis­la­tion, says...
17/06/2020
Law and reg­u­la­tion of rent­al agree­ments in South Africa dur­ing Cov­id-19
1. Is a less­ee eli­gible for rent re­duc­tion due to a sig­ni­fic­ant de­cline in foot­fall and con­sequently its turnover as a res­ult of COV­ID-19? The COV­ID-19 Block Ex­emp­tion For The Re­tail Prop­erty Sec­tor...
12/05/2020
Big stan­doff between re­tail­ers and land­lords looms
Shop­ping centres and large re­tail out­lets are bleed­ing. With most hav­ing to keep their doors closed dur­ing the lock­down peri­od, rev­en­ue has slowed to a trickle - or to noth­ing at all. Even for stores...