Title Deeds in South Africa: What They Are, Why Delays Happen, and How to Fix Them (Fast)

When you’re buying, selling, transferring to an heir, or registering a bond, one document stands at the centre of it all: the title deed. It’s more than just a piece of paper - it’s the legal backbone of the transaction. Without it, ownership can’t change hands. In South Africa, the Deeds Registries Act governs how deeds are created, recorded, replaced, and delivered.

Why Title Deeds Matter

A title deed proves legal ownership of a property and records conditions, restrictions, and encumbrances (like servitudes or bonds). It is the authoritative record, relied on by banks, buyers, sellers, heirs, and municipalities alike. Without the title deed in order, a property transaction can’t move forward.

What a Title Deed Actually Is

Every registered property has a registry duplicate kept safely at the Deeds Office. The original deed is usually handed to the owner or the bank holding the bond. Alongside the original, there are two common types of copies you may come across:

• Information copy: useful for due diligence, confirming ownership, or checking conditions quickly.

• Certified copy: a regulation-driven replacement for a lost original, issued formally by the Deeds Office under Regulation 68.

It’s important to know the difference. Not all copies serve the same purpose, and using the wrong one can waste time and money.

Lost Your Original? The Regulation 68 Route

When the original title deed has been lost or destroyed, the registrar can issue a certified copy - but only after a specific legal process. This is where a conveyancer steps in.

The process includes:

• Preparing an affidavit confirming the loss.

• Publishing a notice in the Government Gazette (and, where applicable, a newspaper circulating in the property’s district).

• Allowing a set inspection period before the registrar issues the certified copy.

In 2022, Chief Registrar’s Circular 2 simplified the rules, allowing publication at administrative district level rather than insisting on a “local newspaper” where none exists. These practical changes help reduce unnecessary bottlenecks, but the process still takes time.

How Long Does It Take?

A typical certified copy application involves:

• At least two weeks of inspection after the notice is published.

• The Deeds Office’s internal checks once the application is lodged.

• Around 10 working days for the Deeds Office to deliver deeds after a property transfer registers, thanks to quality assurance, numbering, scanning, and sealing.

That means weeks can be added to your transaction timeline if a deed is missing or delayed. Planning ahead is critical.

What Will It Cost?

The official Deeds Office fee for issuing a certified copy under Regulation 68 is R624 per copy (from 1 April 2025). Additional costs apply for Gazette/newspaper notices and the attorney’s fees for preparing and lodging the application.

By contrast, an information copy costs much less but cannot be used to replace a missing original for transfer or bond purposes. Knowing which document you need upfront prevents unnecessary expense.

“Information Copy” vs “Certified Copy”

It’s easy to confuse the two. An information copy is quick, affordable, and perfect for due diligence. A certified copy is the legally binding replacement used when the original deed is lost or destroyed.

Banks, buyers, and conveyancers will not accept an information copy in place of a certified copy for a transfer or bond registration. That distinction makes all the difference in avoiding delays.

Why Transfers Stall (and How to Prevent It)

Title deeds are not the only reason transfers slow down. Common stumbling blocks include:

• Missing or outdated FICA documents.

• Unpaid municipal rates, levies, or clearance certificates.

• Outstanding bond cancellations.

• Incorrect or mismatched personal details between documents.

• Delays in advertising and inspection periods for certified copies.

Good preparation - checking details early, lining up clearances, and securing required documents - helps avoid most of these pitfalls.

When the Registry Duplicate Is Also Missing: Section 38

In rare cases, both the original and the registry duplicate can be lost, destroyed, incomplete, or unserviceable. In these situations, the Deeds Registries Act allows the registrar to issue a certificate of registered title in place of the deed.

This is a more complex process with stricter publication and inspection requirements, but it ensures that property transactions can still move forward legally.

What Changed in Recent Years?

Over the years, Chief Registrar’s Circulars have updated and clarified how Regulation 68 applications are handled. These changes were designed to solve real-world issues, like what to do if no local newspaper circulates in a property’s district.

The lesson? Be cautious when relying on outdated online guides. Your conveyancer will always follow the latest circulars and regulations to ensure compliance.

A Practical Checklist

To keep your transfer on track:

• Confirm which copy you actually need (information vs certified).

• If the original is lost, start the Regulation 68 process early.

• Pre-clear FICA, municipal rates/levies, and bond cancellation documents.

• Align timelines with your bank and conveyancer.

• Keep a simple tracker for key dates: advert placement, inspection close, lodgement, registration, delivery.

How PropWiz Helps

While the legal process lies in the hands of conveyancers and attorneys, PropWiz ensures you’re never left in the dark. We work alongside conveyancers, banks, and municipalities to keep the moving parts connected. That means:

• You know upfront what document your transaction requires.

• You’re guided through the steps and timelines.

• You’re updated regularly, reducing stress and uncertainty.

For sellers, heirs, and landlords, our role is to make the transfer process smoother, faster, and more transparent.

The Bottom Line

Title deeds may sound like technical paperwork, but they’re the very foundation of a property transaction. Knowing the difference between an information copy and a certified copy, preparing early, and working with the right professionals keeps deals moving.

At PropWiz, we believe property sales should never be derailed by paperwork surprises.

Selling, buying, or transferring property? Let’s make sure your title deed is never the reason for a delay.
Contact your local PropWiz team today and take the first confident step toward a seamless property transfer.