Real Estate Law Services
The CDH Real Estate Law team's abilities are multidimensional. Our team has the breadth and depth of expertise on bonds, transfers,township planning, sectional titles, property developments, property financing, subdivisions and consolidations as well as green energy development initiatives. Meet the Cape Town and Johannesburg team behind making our Real Estate Law Practice, the largest in the country.
We act for businesses and private individuals, and our comprehensive real estate services include:
Commercial Property Agreements
- Development and Development Management Agreements
- Joint Venture Agreements, Co-owners Agreements and Shareholders Agreements
- Memorandum of Understanding or Heads of Agreement and Sale Agreements
- Land Availability Agreements
- Sale of shares or members interest in property owning company or close corporation Agreements
- Partition Agreements
- Agreements for Retirement Villages, Time Share and Share Block Schemes
- Mixed Use Development Agreements
- Property Due Diligences
- B-BBEE Sale and Leaseback Agreements
- Leasehold Developments
Commercial and Property Structuring
Various kinds of mixed-use developments – all aspects of including financing structure and corporate structuring.
- Advise on how best to realise a given real estate asset to best commercial effect
- Advise on most appropriate structure considering land use rights, market demands, funding requirements, flexibility and title deed restrictions
- Associated advise in respect of tax, environmental, competition, employment and dispute resolution laws
Due Diligence Investigations
Land Use Rights
- Township establishment
- Advise on disposal of existing title conditions
- Conveyancer’s Certificates
- Co-ordinate township establishment process with municipality
- Opening townships registers
- Facilitate proclamation and issue of service certificates required for transfer
- Extension of township boundaries
- Subdivisions
- Consolidations
- Road closures
- Rights related to Air space
- Town-planning Advice and Interpretation of Town-planning Schemes
Leases
- Bespoke Leasehold Structuring where "leasehold rights" are akin to "ownership rights" for a period
- Long term leases, extensions and notarial registrations thereof
- Commercial leases
- Option to lease
- Triple net leases
- Operating cost leases
- Bespoke leases
- Residential Lease
Mortgage Bonds
- Commercial bonds:
- Act for all major Financial Institutions and attend to Islamic Financing bond work
- Draft all shareholder and board resolutions required by borrower and guarantors
- Draft bond documents including power of attorney as well as related security documents
- Obtain confirmations in respective of legislative compliance such as applicability of section 34 of The Insolvency Act, Competition Commission approvals, Takeover Regulations and Section 112 and 115 of The Companies Act
- Aircraft and Maritime bonds
- Bonds over long term leases and leasehold rights
- Residential Bonds:
- Act for all major Financial Institutions and attend to Islamic Financing bond work
- End user bonds in respect of developments
- Securitization Bonds:
- Draft all bond documents including power of attorney as well as related security documents;
- Cession of securitization bonds
Notarial Work
- General Notarial Bonds and Special Notarial Bonds
- Usufructs
- Servitudes
- Notarial tie agreements
- Notarial Cessions
- Notarial Leases
- Antenuptial contracts
Owners Associations
- Advising , drafting, preparing and facilitating approval of constitution of owners' associations
- Preparing rules, advise on preparation and implementation of architectural guidelines
- Registering non-profit companies
Real Estate Investment Trusts (REITS)
Sectional Title Developments (all aspects)
- Advise and draft management and conduct rules for retail, offices, residential and mixed use schemes and obtain Ombud's approval
- Advise on management structures, exclusive use areas and phasing of development
- opening of sectional title registers
- Registration of real rights of extension and exclusive use areas delineated on sectional plans
- Prepare sale agreements for sales off and on plan
- Cancellation of sectional plans
Transfers
- Drafting sale agreements (both commercial and residential)
- Commercial
- Transfers from developer to purchaser
- Letting Enterprises as going concerns
- Asset for share transfers
- Intragroup transfers
- Exchange (land swop) transfers
- Rectification transfers
- Partition transfers
- Auction transfers
- Residential
- Transfers from developer to purchaser (bulk and otherwise)
- Residential transfers
- Estate transfers
Renewable Energy
- Have acted as advisors to all parties to these transactions
- Experience in solar, hydro, wind and biomass projects both in South Africa and Southern Africa
- Property due diligence
- Draft and review:
- Lease Agreements, option to lease agreements
- Servitudes
- Bond documentation
Real Estate Law Brochures
Services
Real Estate Law Services
The CDH Real Estate Law team's abilities are multidimensional. Our team has the breadth and depth of expertise on bonds, transfers,township planning, sectional titles, property developments, property financing, subdivisions and consolidations as well as green energy development initiatives. Meet the Cape Town and Johannesburg team behind making our Real Estate Law Practice, the largest in the country.
We act for businesses and private individuals, and our comprehensive real estate services include:
Commercial Property Agreements
- Development and Development Management Agreements
- Joint Venture Agreements, Co-owners Agreements and Shareholders Agreements
- Memorandum of Understanding or Heads of Agreement and Sale Agreements
- Land Availability Agreements
- Sale of shares or members interest in property owning company or close corporation Agreements
- Partition Agreements
- Agreements for Retirement Villages, Time Share and Share Block Schemes
- Mixed Use Development Agreements
- Property Due Diligences
- B-BBEE Sale and Leaseback Agreements
- Leasehold Developments
Commercial and Property Structuring
Various kinds of mixed-use developments – all aspects of including financing structure and corporate structuring.
- Advise on how best to realise a given real estate asset to best commercial effect
- Advise on most appropriate structure considering land use rights, market demands, funding requirements, flexibility and title deed restrictions
- Associated advise in respect of tax, environmental, competition, employment and dispute resolution laws
Due Diligence Investigations
Land Use Rights
- Township establishment
- Advise on disposal of existing title conditions
- Conveyancer’s Certificates
- Co-ordinate township establishment process with municipality
- Opening townships registers
- Facilitate proclamation and issue of service certificates required for transfer
- Extension of township boundaries
- Subdivisions
- Consolidations
- Road closures
- Rights related to Air space
- Town-planning Advice and Interpretation of Town-planning Schemes
Leases
- Bespoke Leasehold Structuring where "leasehold rights" are akin to "ownership rights" for a period
- Long term leases, extensions and notarial registrations thereof
- Commercial leases
- Option to lease
- Triple net leases
- Operating cost leases
- Bespoke leases
- Residential Lease
Mortgage Bonds
- Commercial bonds:
- Act for all major Financial Institutions and attend to Islamic Financing bond work
- Draft all shareholder and board resolutions required by borrower and guarantors
- Draft bond documents including power of attorney as well as related security documents
- Obtain confirmations in respective of legislative compliance such as applicability of section 34 of The Insolvency Act, Competition Commission approvals, Takeover Regulations and Section 112 and 115 of The Companies Act
- Aircraft and Maritime bonds
- Bonds over long term leases and leasehold rights
- Residential Bonds:
- Act for all major Financial Institutions and attend to Islamic Financing bond work
- End user bonds in respect of developments
- Securitization Bonds:
- Draft all bond documents including power of attorney as well as related security documents;
- Cession of securitization bonds
Notarial Work
- General Notarial Bonds and Special Notarial Bonds
- Usufructs
- Servitudes
- Notarial tie agreements
- Notarial Cessions
- Notarial Leases
- Antenuptial contracts
Owners Associations
- Advising , drafting, preparing and facilitating approval of constitution of owners' associations
- Preparing rules, advise on preparation and implementation of architectural guidelines
- Registering non-profit companies
Real Estate Investment Trusts (REITS)
Sectional Title Developments (all aspects)
- Advise and draft management and conduct rules for retail, offices, residential and mixed use schemes and obtain Ombud's approval
- Advise on management structures, exclusive use areas and phasing of development
- opening of sectional title registers
- Registration of real rights of extension and exclusive use areas delineated on sectional plans
- Prepare sale agreements for sales off and on plan
- Cancellation of sectional plans
Transfers
- Drafting sale agreements (both commercial and residential)
- Commercial
- Transfers from developer to purchaser
- Letting Enterprises as going concerns
- Asset for share transfers
- Intragroup transfers
- Exchange (land swop) transfers
- Rectification transfers
- Partition transfers
- Auction transfers
- Residential
- Transfers from developer to purchaser (bulk and otherwise)
- Residential transfers
- Estate transfers
Renewable Energy
- Have acted as advisors to all parties to these transactions
- Experience in solar, hydro, wind and biomass projects both in South Africa and Southern Africa
- Property due diligence
- Draft and review:
- Lease Agreements, option to lease agreements
- Servitudes
- Bond documentation
Brochures
Real Estate Law Brochures
Real Estate Lawyers
With a team of over 100 real estate partners, directors, associates, candidate attorneys, secretaries and consultants across Johannesburg, Cape Town, Nairobi and Stellenbosch, our Real Estate Law practice is unmatched in South Africa and Kenya. Our team has the depth of resources to handle large volumes of real estate transactions whatever their size or nature.
Our Real Estate LawyersPRACTICE HEAD
Muhammad Ziyaad Gattoo
Practice Head, Sector Head, Director +27 (0)11 562 1174muhammad.gattoo@cdhlegal.com
Real Estate Law News
More newsAccelerate Action – The state of gender equality in the African legal sector – Part 2
In celebration of International Women’s Day, we gathered a powerhouse panel of women in law to discuss the evolving role of women in the African legal sector.
The rise of the construction mafia in South Africa: Impact on developments and the real estate sector
In recent years, South Africa has witnessed a troubling rise in the phenomenon known as the “ construction mafia ”. This term refers to organised groups that have infiltrated the construction industry, using intimidation, violence, and extortion to force their way into lucrative projects. The impact of these groups has been profound, leading to delays, increased costs, and a chilling effect on investment in the real estate sector.
Extend your lease before it is too late: An Analysis of the Supreme Court’s Decision in Harcharan Singh Sehmi and Another v Tarabana Company Limited and Five Others (Petition E033 of 2023)
In our experience, the most prudent approach is to apply for a lease extension at least five years before expiry. This rule of thumb exists for good reasons. In Kenya, there is a legal distinction between a lease extension and a lease renewal. An extension, if applied for before the lease expires, preserves the leaseholder’s legal interest and ensures continuity of title. Renewal, on the other hand, occurs after expiry, by which time the land has already escheated to the Government, the lessee’s rights have lapsed, and any new grant is subject to reallocation risks and fresh terms. When you factor in persistent delays at the land registry and the complications that can arise when life happens (such as the death of a co-tenant activating a procedural burden in the form of succession proceedings before any land dealings can occur), it becomes clear that waiting too long transforms a manageable administrative process into a precarious legal one.
Market recognition
Our Real Estate team is externally praised for its depth of resources, capabilities and experience.
- Chambers Global 2017–2025 ranked us in Band 1 for real estate.
- The Legal 500 EMEA 2014–2025 recommended us in Tier 1 for real estate.
- CDH was shortlisted for the IFLR Africa Awards 2025 for 'Team of the Year | Regional' for Real Estate.
Market recognition
Our Real Estate team is externally praised for its depth of resources, capabilities and experience.
- Chambers Global 2017–2025 ranked us in Band 1 for real estate.
- The Legal 500 EMEA 2014–2025 recommended us in Tier 1 for real estate.
- CDH was shortlisted for the IFLR Africa Awards 2025 for 'Team of the Year | Regional' for Real Estate.
Happy Clients
"Cliffe Dekker Hofmeyr has handled very complex matters for us, always in a meticulous and solution-driven way."
Chambers Global 2024
"Cliffe Dekker Hofmeyr always deals professionally with any kind of matter. Its responses are quick and issues are resolved as per expectations."
Chambers Global 2024
"Cliffe Dekker Hofmeyr team is experienced in this field and provides excellent service no matter the complexity of the matter."
Chambers Global 2023
"The lawyers are well versed with the economic state and its impact on business decisions."
Chambers Global 2023