The General Procedure Followed in Most Full Title Residential Sales
Transferring the ownership of a property from the seller to the buyer can sometimes be a complicated and misunderstood process. Below are some typical steps required to transfer a residential property.
01
Instruction & Appointment
An estate agent, private seller, or purchaser can instruct a TRANSFER ATTORNEY (a conveyancer) of choice to attend to the registration of the property from the seller to the purchaser.
The basis of the instruction is the DEED OF SALE (sale contract between the seller and purchaser).
As soon as the purchase price is secured — via finance obtained through a bond (loan) and/or a cash payment — the conveyancer opens a file.
The transfer will therefore proceed when the bond has been granted for the purchaser.
The bank that approved the bond then appoints a BOND ATTORNEY (also a conveyancer) to register the bond on behalf of the purchaser.
If the seller has an existing bond registered over the sold property, it must be cancelled (settled) with the bank.
The bank in whose favour this bond is registered will then appoint a CANCELLATION ATTORNEY (also a conveyancer).
02
Admin & Compliance
The TRANSFER ATTORNEY applies for the Building Completion Certificate from the relevant local authority.
They also apply for the seller’s bond cancellation figures (the amount required to settle the seller’s bond, if applicable). Once these figures are received from the bank, the TRANSFER ATTORNEY communicates with the BOND ATTORNEY and requests a guarantee, which is an assurance to provide finance against the security of a mortgage bond.
Thereafter, the bank sends the original Title Deed to the BOND CANCELLATION ATTORNEY.
If there is no bond registered, the seller will provide the TRANSFER ATTORNEY with the original Title Deed.
03
Signing & Taxes
The seller and purchaser sign the transfer documents drafted by the TRANSFER ATTORNEY.
The invoice for transfer costs is issued to the purchaser. This includes government taxes such as transfer duty and stamp duty (note: property under N$600,000.00 is exempt from these taxes).
These taxes must be paid before lodgement (the day when all signed documents are officially submitted to the Deeds Office system).
Upon receipt of payment, the TRANSFER ATTORNEY applies on behalf of the purchaser at the Minister of Finance (Receiver’s Office) for the transfer duty receipt and stamp duty receipt.
These receipts are then affixed to the transfer documents to be lodged.
04
Bond Finalization
The bond documents are drafted by the BOND ATTORNEY.
The purchaser is called in to sign the bond documents and to pay their bond registration costs.
05
Lodgement & Registration
The TRANSFER ATTORNEY lodges all required documents in the Deeds Office. This process takes approximately 7–10 working days for the transaction to register.
The TRANSFER ATTORNEY coordinates with the BOND ATTORNEY and the CANCELLATION ATTORNEY to ensure that all documents are lodged on the same day.
All documents are registered simultaneously because the seller’s bank holds guarantees to ensure it will be paid upon cancellation of the bond. The bank will not cancel the bond until the new bond is registered.
On the date of registration, the purchaser becomes the rightful owner of the property.
Additional Information
Legal Costs
Legal costs are typically payable to the following appointed conveyancers:
  • Transfer Attorney – appointed by and paid for by the purchaser
  • Bond Cancellation Attorney – appointed by and paid for by the seller
  • Bond Attorney – appointed by and paid for by the purchaser
Note: The costs payable may vary depending on the agreement between the seller and purchaser. These can be discussed and negotiated before finalising and signing the contract.
Signature of documents
Although the seller and the purchaser have signed the contract, certain other documents must still be signed at the office of the TRANSFER ATTORNEY to comply with the formalities in order to effect the registration of the transfer.
The purchaser must also sign the bond documents at the office of the BOND ATTORNEY attending to the registration of the purchaser's bond.
Purchase price
The TRANSFER ATTORNEY collects the purchase price and accounts to the seller when registration takes place.
Marital status
The Conveyancer is required to disclose the full names, identity number and marital status of the purchaser and the seller in the transfer and bond documents. Copies of Identity documents, Marriage Certificates and any Antenuptial Contracts must, therefore be obtained.
Rates clearance and transfer duty
Before the transfer can be registered the TRANSFER ATTORNEY must have the original Building Compliance Certificate on file. The outstanding clearance (settlement) figures are requested from the local authority (e.g. City of Windhoek) on or before lodgement.
The original Building Compliance is required to request these figures, that included all outstanding rates, taxes, water and electricity payable by the seller who is the current registered owner of the property.
Time period until registration
From the above it will be seen that the conveyancing process is a fairly complicated one. There are a number of parties, institutions and officials involved, and delays are possible at any stage.
Provided everything runs smoothly, transfer should take approximately two to three months from the time the TRANSFER ATTORNEY receives the instruction to attend to the transfer.
Unforeseen difficulties could extend this period. Sometimes transfer is delayed to coincide with the date of occupation.
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With BVL, you're not just navigating the property transfer process — you're guided by a trusted team that understands Namibia’s legal landscape, market dynamics, and your personal goals.
From the very first consultation to the final registration, we ensure that nothing is overlooked, no question goes unanswered, and no detail is too small. It's not just about paperwork — it's about peace of mind.