CHIEF REGISTRAR’S CIRCULAR NO. 2 OF 2025
AMENDED SCHEDULE OF FEES OF OFFICE – PRESCRIBED BY REGULATION 84 OF THE DEEDS REGISTRIES ACT, 1937 (ACT NO. 47 OF 1937)
1. DATE OF COMMENCEMENT OF AMENDED SCHEDULE OF FEES OF OFFICE
The amended Schedule of Fees of Office, as published under Notice No. 5917, in Government Gazette No. 52191, dated 28 February 2025, will come into operation on 1 April 2025.
2. CHANGES /ADDITIONS TO THE SCHEDULE OF FEES OF OFFICE
The numbering of the paragraphs in Item 1 has changed due to the addition of the following Fees (only new additions /substantial changes are herein discussed):
2.1 LODGEMENT FEE PER DEED / DOCUMENT (EXCLUDING RDP HOUSING)
2.1.1. Item 1(a) is added and reads as follows:
“1. For services rendered regarding the registration of –
(a) Lodgement fee (excluding RDP Housing) – 50.00 lodgement per deed/ document”
2.1.2. A lodgement fee is payable each time a deed/document is lodged for purposes of registration in a deeds registry. In other words, the fee is also payable upon the re- lodgement of deeds / documents after rejection / withdrawal, etc. (Note: The fee is payable per lodgement cover, and not on the number of deeds / documents contained in such a cover. For example, where a batch of 3 is lodged, then the fee is payable per cover (R50 x 3 covers)).
2.2 FEE FOR THE REGISTRATION OF A NOTARIAL LEASE/ SUB- LEASE/ CESSION OF LEASE
Item 1 (d) is added and provides for the payment of a fee for the registration of a notarial lease, sub-lease, and a cession of a lease. This fee is payable based on the consideration / value of the lease.
2.3 FEE FOR CONSENT TO ANY OTHER ACT OF REGISTRATION IN RELATION TO THE SECURITY HYPOTHECATED UNDER A REGISTERED MORTGAGE BOND
Item 1 (f) is added and provides for the payment of a fee for consents in respect of any other acts of registration in relation to the security hypothecated under a registered mortgage bond (for example: consent to consolidation / subdivision, part-payment, cessions, substitutions, etc). See regulation 39 of the Deeds Registries Act, 1937 in this regard.
(Note: Consents as contemplated in Item 1(f) must be lodged in separate lodgement covers).
2.4. FEE PAYABLE FOR OBTAINING A COPY OF A DEED / DOCUMENT IN TERMS OF REGULATIONS 66, 67 AND 70
Item 4(a) is amended to provide for the payment of a fee for obtaining a copy of a deed document through ‘any other electronic system or issued by a registrar in terms of regulations 66. 67 and 70’. The amendment now provides for payment per deed / document, and no longer per page of a document only.
2.5. FEE PAYABLE FOR VIEWING AND / OR DOWNLOADING A DEED / DOCUMENT
Item 5(f) is amended to provide for the payment of a fee for viewing and / or downloading a deed / or document through any electronic system.
2.6. FEE PAYABLE FOR TRANSMITTING DEEDS / DOCUMENTS / OTHER INFORMATION
Item 6 is amended to provide for the payment of a fee for ‘transmitting any certificate, deed, document or any other information by using fax or any other electronic media.’ The relevant fee is payable per copy transmitted, and not per page of such deed / document.
3. PAYMENT OF PRESCRIBED FEE PRIOR TO SERVICE BEING RENDERED
Regulation 4A is to be amended to provide for the Fees of Office to be paid prior to services being rendered. Regulation 4A (2) reads as follows:
“(2) The prescribed fees as referred to in the Schedule of Fees of Office as prescribed by regulation 84, must be paid prior to any service being rendered.”
4. EXEMPTIONS FROM PAYMENT OF FEES OF OFFICE
The Fees of Office as prescribed by Regulation 84 are not payable in instances where legislation specifically provides for transactions to be exempted from the payment of office / registration fees.
CHIEF REGISTRAR OF DEEDS
DATE: 28 February 2025
REFERENCE: 14/P
RINGBINDER: 43
