1. REPEAL OF CRC 2 OF 2025
Chief Registrar’s Circular No. CRC 2 of 2025 has been reviewed and as a result thereof it is hereby withdrawn and substituted with this Circular, with immediate effect.
2. DATE OF COMMENCEMENT OF AMENDED SCHEDULE OF FEES OF OFFICE
The amended Schedule of Fees of Office as prescribed by Regulation 84 of the Deeds Registries Act, 1937 (Act 47 of 1937) (‘the Act’), and published under Notice No. 5917, in Government Gazette No. 52191, dated 28 February 2025, came into operation on 1 April 2025.
3. 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):
3.1 LODGEMENT FEE PER DEED / DOCUMENT (EXCLUDING RDP HOUSING)
3.1.1. 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”
3.1.2. 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 relodgement 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)).
3.2 FEE FOR 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 cession of a lease. This fee is payable based on the consideration / value of the lease.
3.3 FEE FOR CONSENT TO ANY OTHER ACT OF REGISTRATION IN RELATION TO THE SECURITY HYPOTHECATED UNDER A REGISTERED MORTGAGE BOND
3.3.1. To provide clarity in respect of the relevant fee to be charged, the following must be followed in as far as it relates to bondholder consents:
- Item 1(e):
This fee must be charged for consents referred to in regulation 39(1)(a) (consent to cancellation of bond) and regulation 39(1)(b) (consent to release of property / property and person of a joint debtor or surety from the operation of a bond).
• Note: Applications in terms of section 4(1)(b) also fall under Item 1(e) but does not relate to a Bondholder’s consent as herein discussed. This fee is payable by anyone making an application in terms of section 4(1)(b).
- Item 1(f):
This Item has been added and provides for a ‘Consent to any other act of registration in relation to the security hypothecated under a registered mortgage bond’ (see regulation 39(1)(k) of the Act).
This fee must be charged for all consents not referred to in regulation 39(1)(a) to regulation 39(1)(j);
- Item 1(g):
This fee must be charged for consents referred to in regulation 39(1)(c) to 39(1)(j).
3.3.2. Consents as contemplated in Items 1(e), 1(f) and 1(g) must be lodged in separate lodgement covers.
- Note: Endorsements relating to acts of registration referred to in Item 1(f), must be amplified at the bottom of the endorsement with the words: ‘Bondholder’s consent filed as BC………’.
- The BC number for the consent must be captured as a historical document and not against the property/owner’s and bondholder’s names.
3.3.3. Consents that are not limited to the consent of the bondholder alone, for instance consents in terms of section 4(1)(b)(i), section 93(1)(a) and regulation 68(2) (as far as it relates to the title deed of the property), do not attract a fee under Item 1(f) or Item 1(g). These consents must be filed as supporting documents.
3.4. 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.
3.5. 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.
3.6. 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.
4. PAYMENT OF PRESCRIBED FEE PRIOR TO SERVICE BEING RENDERED
Regulation 4A is 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.”
• Par. 4 must be read with CRC 5 of 2025.
5. 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: 27 August 2025
REFERENCE: 14/P RINGBINDER: 43
