Deeds Registries Act, 1937 (Act No. 47 of 1937): Amendment of Regulations

CHIEF REGISTRAR’S CIRCULAR NO. 1 OF 2026

COMMENCEMENT OF AMENDED REGULATIONS

The amended regulations to the Deeds Registries Act, 1937 (Act No. 47 of 1937), published under Government Notice No. 7056, in Government Gazette No. 54039 dated 30 January 2026, shall be effective from 01 March 2026.

• NATURE AND/OR IMPACT OF THE AMENDMENTS
  • Amendment of Regulation 30
    • Regulation 30 has been amended by the insertion of sub-regulation (2) to read as follows:

“(2) Where immovable property is held by or is transferred to two or more persons in undivided shares, and where the shares held by such persons are not equal, in the description of the shares of such persons, the provisions of sub-regulation (1) must be complied with to express the share held by each person.”

• Above amendment was necessary due to regulation 30, prior to amendment, not providing for the description of shares in the name of persons in instances where such shares were not held equally in one deed.
  • Amendment of Regulation 73
    • Regulation 73 has been amended by the insertion of sub-regulation (2B) to read as follows:

“(2B) The Registrar must inform the Surveyor General of the registration of a servitude that has been registered by description without a supporting diagram, as contemplated in sub-regulation (2).”

• Regulation 73(2) permits the registration of a servitude by description, without requiring that a servitude diagram be attached to the notarial deed upon registration. This results in the said servitude not being captured within the National Spatial Data Infrastructure. Regulation 73 (2B) now addresses this problem by providing for the Registrar of Deeds to inform the Surveyor General of the registration of such servitudes.

2.3      Amendment of Regulations 80 and 84

2.3.1 . The amendment of regulations 80 and 84 is consequential to the amendment of section 7 of the Act by the Deeds Registries Amendment Act No. 20 of 2024, that provides for the inspection of the registers on the deeds registration system and provision of information by the Chief Registrar of Deeds.

CHIEF REGISTRAR OF DEEDS
DATE: 19 February 2026
REFERENCE:              14/ AND 10/2/3
RINGBINDER: 54
CHIEF REGISTRAR OF DEEDS
REGISTRARS OF DEEDS
DEEDS TRAINING LAW SOCIETY OF SOUTH AFRICA:
PRETORIA LEGAL PRACTICE COUNCIL OF SOUTH AFRICA