Best Real Estate Lawyers in Cape Town

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BDP Attorneys
Cape Town, South Africa

Founded in 2013
30 people in their team
English
BDP Attorneys is a full-service South African law firm with a strong presence across the Western Cape, serving clients from offices in Tyger Valley, Rondebosch, and a Garden Route branch opened in George in August 2023. Established in 2013, the firm advises financial institutions, property...
NORDIEN LAW
Cape Town, South Africa

Founded in 2014
10 people in their team
Afrikaans
English
ABOUT USNordien Law is a boutique law firm conveniently located in Milnerton along Cape Town’s scenic West Coast.We are passionate about what we do and offer peace of mind to every client through the delivery of optimum legal services.No client is too large or too small. Whether a...
STBB Tygervalley
Cape Town, South Africa

Founded in 1900
English
STBB Tygervalley is the Rosenpark branch of South African firm STBB, a long established practice with roots dating to 1900. The office serves clients across Cape Town’s northern suburbs, drawing on firmwide resources while maintaining a focused, partner led approach. Matters are staffed by...
STBB Helderberg
Cape Town, South Africa

English
STBB Helderberg, located in Somerset West, is a prominent branch of STBB, one of South Africa's largest law firms with over 120 years of legal expertise. The firm offers a comprehensive range of legal services, including Property Law and Conveyancing, Corporate and Commercial Law, Family Law,...
Bester & Lauwrens Attorneys
Cape Town, South Africa

English
Bester & Lauwrens Attorneys, located in Somerset West, South Africa, offers a comprehensive range of legal services tailored to meet the diverse needs of their clients. Their practice areas encompass Divorce & Family Law, Trusts, Wills & Estate Administration, and Conveyancing & Property Law. In...
Hamdulay S Attorney
Cape Town, South Africa

Founded in 2005
English
Hamdulay S Attorney is a specialist property law firm established in 2005 in Cape Town. Led by Shameer Hamdulay, a duly admitted attorney and conveyancer whose core specialty is conveyancing and all aspects of property law, the firm provides clear guidance for buyers, sellers and lenders.The firm...
Claassen Attorneys Inc
Cape Town, South Africa

Founded in 2008
English
Claassen Attorneys Inc, located in South Africa, is a distinguished legal firm renowned for its exceptional service in multiple legal domains, including conveyancing, family law, and real estate. As a leading law firm, Claassen Attorneys Inc excels in navigating the complexities of legal...
Lindi Smith Attorneys
Cape Town, South Africa

English
Lindi Smith Attorneys is led by Lindi Smith, a B. Comm LLB graduate who was admitted as an attorney in 2004, and the firm specializes in conveyancing and related property matters. The practice covers property transactions, antenuptial and postnuptial contracts, divorces, the preparation of last...
Schrueder Incorporated
Cape Town, South Africa

14 people in their team
English
Schrueder Incorporated Attorneys is a Cape Town based law firm known for a dynamic and disciplined approach to delivering legal services. The firm operates a full civil litigation department, staffed by four litigation attorneys, with support staff to handle larger matters efficiently and cost...
VisagieVos Inc. Attorneys
Cape Town, South Africa

Founded in 1986
English
VisagieVos Inc. Attorneys, established in 1986, operates from its main office in Goodwood, Cape Town, with a network of correspondent firms across the Western Cape, South Africa, and internationally. The firm offers a comprehensive range of legal services, including conveyancing, family law, estate...
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South Africa Real Estate Legal Questions answered by Lawyers

Browse our 2 legal questions about Real Estate in South Africa and read the lawyer answers, or ask your own questions for free.

Landlord can he charge extra for visitors
Real Estate
This is a caravan park on a farm, but the landlord also said we could build a building to live in instead of a caravan/ tent. If we do that we must pay for the building each building is a different price it depended on it size which we paid... Read more →
Lawyer answer by mohammad mehdi ghanbari

Dear Sir/Madam, Thank you for explaining your situation in such detail; from what you describe there are several possible legal issues, including the terms of your agreement about the building and monthly fee, the new charge for your children to...

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1 answer
Landlord harssing me
Real Estate
I recently moved out where I stayer because For 5 years nothing was fixed, eligal elictricity meters were installed hardly had water was treated like shit. I moved without notice cause I was tired off al this shit. No the landlord is harassing me at work wanting money for the... Read more →
Lawyer answer by mohammad mehdi ghanbari

Hello, good morningBased on the information you've provided, it appears your landlord may have violated several of your rights as a tenant. You may have grounds for a "constructive eviction" claim, and the landlord's current actions could be considered harassment.Your...

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1 answer

About Real Estate Law in Cape Town, South Africa

Real Estate law in Cape Town, South Africa, encompasses a broad spectrum of legal activities related to the buying, selling, leasing, and development of property in and around the city. Renowned for its scenic beauty and strategic importance as a commercial and cultural hub, Cape Town's real estate market is diverse and dynamic. It involves residential, commercial, and industrial properties, each of which is governed by specific legal frameworks. As one of South Africa's most vibrant real estate markets, Cape Town attracts both domestic and international investors, necessitating a deep understanding of local laws to navigate transactions successfully.

Why You May Need a Lawyer

There are numerous situations where you might require legal assistance in real estate transactions in Cape Town. These include:

  • Buying or selling property: Ensuring that all legal documents and processes are correctly followed.
  • Title Deed issues: Resolving disputes regarding property ownership and registration.
  • Leasing agreements: Drafting and reviewing agreements for rental properties to protect your rights.
  • Property disputes: Addressing boundary disputes or disagreements over property terms and conditions.
  • Zoning laws and development: Navigating the complexities of zoning regulations and planning permissions.
  • Foreclosure proceedings: Understanding your rights and responsibilities in cases of default on property loans.

Legal professionals can offer guidance and representation to ensure compliance with relevant laws and protect your interests in such situations.

Local Laws Overview

The real estate sector in Cape Town is primarily governed by various local and national laws. Key aspects include:

  • The Deeds Registries Act, which regulates the registration of real rights to land.
  • The Alienation of Land Act, governing the sale of immovable property.
  • Sectional Titles Act, handling the subdivision of buildings into sections and ownership arrangements.
  • The National Building Regulations and Building Standards Act dictates building and construction standards.
  • Local zoning and land-use bylaws enforced by the City of Cape Town affect property development and usage.

Due to the complexity of these laws, consulting with a knowledgeable attorney is often necessary to clarify any legal obligations or rights.

Frequently Asked Questions

What is the process for buying property in Cape Town?

The process involves several steps including finding a property, making an offer to purchase, securing financing, conducting due diligence, and finalizing the transaction with the registration of sale at the Deeds Office.

How are property taxes calculated in Cape Town?

Property taxes, or municipal rates, are based on the market value of the property as determined by the City of Cape Town's valuation roll. These are payable annually or monthly.

Can foreign nationals buy property in Cape Town?

Yes, foreign nationals are generally allowed to purchase property in Cape Town, although certain restrictions and considerations apply, especially if financing is involved.

What is an offer to purchase?

An offer to purchase is a legal document that outlines the buyer’s intent to purchase a property and details the terms and conditions of the sale.

How is property transferred from seller to buyer?

Property transfer involves legal procedures performed by conveyancers, who handle all paperwork and ensure the deed is properly registered in the buyer's name.

What should I consider when leasing property?

Considerations include the length of the lease, rental amount, responsibilities for utilities and maintenance, and clauses for renewal or termination.

What happens if I miss a bond payment?

Missing a bond payment can lead to penalties, affect your credit score, and may eventually result in foreclosure proceedings.

What are zoning laws?

Zoning laws dictate how property in certain areas can be used, such as residential, commercial, industrial, or mixed-use purposes.

How long does it take to register a property transaction?

The registration process can vary but typically takes about 6-8 weeks from the date of lodging the transfer documents at the Deeds Office.

What are sectional title properties?

Sectional title properties are individual units within a complex, where owners have exclusive ownership of their units and joint ownership of common property areas.

Additional Resources

  • Property24 and Private Property: Online platforms for property listings and market insights.
  • City of Cape Town: Official site containing property-related bylaws and valuation information.
  • South African Council for Property Valuers Profession (SACPVP): Provides guidance on property valuations.
  • Liberalisation and Property Market Monitoring (LPMM): Offers reports on real estate trends and policies.
  • South African Institute of Valuers (SAIV): Represents professionals involved in property valuations and consultancy.
  • Attorney Societies: Find legal professionals for guidance, such as the Law Society of South Africa.

Next Steps

If you require legal assistance in real estate matters, consider the following steps:

  • Research and contact a reputable real estate lawyer or conveyancer licensed to practice in Cape Town.
  • Schedule a consultation to discuss your specific situation and legal needs.
  • Gather all pertinent documents and information related to your property or real estate transaction.
  • Follow the lawyer's guidance on navigating your real estate issue and ensure all legal obligations are met.

Engaging a qualified legal professional will help safeguard your interests and ensure compliance with all applicable real estate laws in Cape Town.

Lawzana helps you find the best lawyers and law firms in Cape Town through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Real Estate, experience, and client feedback.

Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.