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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.
 

26/06/2023
Tenants' needs will inform how building owners and developers comply with...
South Africa is under growing internal and external pressure to rein in its carbon emissions, particularly as the effects of the climate crisis become ever clearer. That's unsurprising, given that the...
21/06/2023
Reinvigorating property development through the right laws and approach
Stakeholders must stay informed and seek professional advice to ensure compliance and make well-informed decisions. The SA property market has recently experienced significant changes in property laws...

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16/01/2024
Beyond inconvenience: poor infrastructure is hurting SA's ability to attract...
You don’t have to be an expert on urban infrastructure to know that South Africa could be doing a much better job than it currently is. Weeks after a deadly gas explosion wreaked havoc in the Johannesburg...
11/12/2023
What’s the deal with title deeds? Everything homeowners need to know
If you’ve ever bought a property, you’ll also have received a title deed (which your bank or home loan provider will hold onto until the home is fully paid off). And even if you haven’t had that...
26/06/2023
Tenants' needs will inform how building owners and developers comply with...
South Africa is under growing internal and external pressure to rein in its carbon emissions, particularly as the effects of the climate crisis become ever clearer. That's unsurprising, given that the...
21/06/2023
Reinvigorating property development through the right laws and approach
Stakeholders must stay informed and seek professional advice to ensure compliance and make well-informed decisions. The SA property market has recently experienced significant changes in property laws...
20/10/2022
Culture of authenticity needed to achieve diverse workplaces
South Africa – the “Rainbow Nation”. That is the ideal that this country, in its new age, has been built on. And it’s true. South Africa is a melting pot of diverse cultures, races, ethnicities...
08/09/2022
New Deadline Looms For Non-Residential Property Owners
Come 7 December 2022, a substantial proportion of South Africa’s non-residential buildings will be required to submit and display an Energy Performance Certificate (EPC). The requirement, which was...
01/06/2022
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
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...
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...
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...