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Primary Transfer Toolkit
Beneficiary Administration & Transfer Toolkit
Beneficiary Administration & Transfer Toolkit
  • Beneficiary Administration & Transfer Toolkit
  • How to use this resource
    • Feedback
  • Toolkit Approach
    • Maturity Roadmap
  • Guiding principles
  • Target Operating Model
    • Stakeholder Matrix
      • Members of the Public
      • Government
      • Private Sector
      • Project Team
  • DATA COLLECTION & VALIDATION
    • Overview
    • Collate existing administrative data on beneficiaries
      • Step 1: Extract data on project beneficiaries from the HSS
      • Step 2: Identify Additional Project Records
      • Step 3: Enrich Data
        • Home Affairs Data
        • Deed Registry Data
      • Step 4: Secure Data in Database
    • Extract Property and Subsidy Data
      • Step 1: Obtain project general plan/layout
      • Step 2: Extract subsidy values
      • Step 3: Extract data from the deeds registry
      • Step 4: Secure all Data in a Database
    • Collect data by Occupancy Survey
      • Required Data
      • Data Collection Platform
      • Data Collection Hardware
      • Fieldwork Team
        • Recruitment
        • Training
      • Community and Household Engagement
      • Data Collection
      • Data extraction and storage
  • CATEGORISATION
    • Overview
    • A. All self-classified owners are beneficiaries: Perfect match
    • B. Some self-classified owners are beneficiaries, but some are not
    • C. Self-classified owners are beneficiaries, but some beneficiaries are missing
      • Co-beneficiary is deceased
      • Beneficiaries are divorced
        • The divorce order specifies what should happen to the property
        • The divorce order does not mention the property
    • D. Self-classified owners are not beneficiaries but are the original occupants of the property
      • Submit or re-submit a subsidy application
      • Subsidy cannot be accessed
    • E. Self-classified owners are not beneficiaries - inherited the property from a deceased beneficiary
      • Self-classified owner is the spouse of a deceased beneficiary
      • Self-classified owners are other heirs (not a spouse)
    • F. Self-classified owners are not beneficiaries - purchased the property informally
      • Property purchased from a beneficiary who is alive and contactable: No dispute
        • Back to Back Transfer
        • Direct transfer to new owner
          • Self-classified owner to apply for a subsidy in his / her own right
          • Self-classified owner does not qualify for a subsidy and regularisation is required
      • Property purchased from a beneficiary who alive and contactable: Disputed transaction
      • Property purchased from a beneficiary who is alive but who cannot be traced
      • Property purchased from a beneficiary who is deceased
    • G. Occupant is Caretaker / Renter
    • Enabling Processes
      • Adjudicating disputes
      • Locating missing beneficiaries
      • Submit or re-submit a subsidy application
  • VALIDATION, REGULARISATION AND TRANSFER
    • Overview
    • Core Registration Process
    • Dealing with deceased estates
    • Regularising non-beneficiaries
    • Contracting with Conveyancers
  • TITLE DEED HANDOVER
    • Overview
  • Additional Resources
    • Case Studies
      • That's Mine!
      • Deceased Beneficiary
      • Owner, but not beneficiary
      • Formal Dispute Resolution
      • Beneficiaries with more than one property
    • POPIA: The Protection of Personal Information Act
    • Community Information
    • Sample Survey
    • Sales Agreement
    • Dispute Resolution
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  1. CATEGORISATION
  2. F. Self-classified owners are not beneficiaries - purchased the property informally
  3. Property purchased from a beneficiary who is alive and contactable: No dispute

Back to Back Transfer

PreviousProperty purchased from a beneficiary who is alive and contactable: No disputeNextDirect transfer to new owner

Last updated 3 years ago

Process Overview

In this case, the housing authority transfers the property to the original beneficiary, who then immediately transfers the property to the new owner. The original beneficiary would sign two sales agreements, the first as a buyer with the housing authority as the seller, and the second as the seller with the occupant as the buyer.

In order to enable the second transfer (from the beneficiary to the current occupant), the beneficiary needs to obtain a waiver or 'no objection' letter from the provincial human settlements department in line with Section 10A of the Housing Act. This letter states that the provincial department has no objection to the sale and must accompany the transfer documents.

In the case of delayed transfer, these no-objection letters should be requested by the housing authority and provided by the provincial authority as a matter of course; the occupant lives in the property and there is no dispute about ownership. As per the (Principle 1: Avoid evictions and Principle 4: The household's perspective matters), the housing authority and the provincial authority should enable the formalisation of existing informal ownership arrangements.

In practice the title deed for the primary registration is required before the subsequent transaction can be registered. When the primary registration is complete, the transferring attorneys should retain the title deed and not hand it back to the original beneficiary, but should rather deliver it to the conveyancer who is facilitating the second transfer.

The key steps in the back to back process are:

  1. Occupant indicates that they purchased the property from the original beneficiary

  2. Housing authority traces and contacts the beneficiary

  3. Beneficiary confirms the sale of property

  4. Housing authority requests a no objection letter from the provincial authority, which is duly granted and sent to the conveyancer dealing with the secondary transfer

  5. The beneficiary signs a sale agreement with the housing authority

  6. The beneficiary signs a sale agreement with the new owner / occupant

  7. Conveyancer follows the for the first sale

  8. Primary transfer is registered and title deed is returned to the conveyancer of the housing authority

  9. Conveyancer of the housing authority sends the title deed to the conveyancer who is processing the secondary transfer

  10. Conveyancer prepares transfer documents for the secondary transfer and lodges at the deeds registry following the usual registration process for the transfer of the second sale

Guiding Principles
core registration process