Real Estate in South Africa

Property Ownership for Non-Residents of SA

Non-residents may own property in South Africa, provided they have the legal right to enter the country, though there are certain restrictions on purchases made through a legal entity rather than an individual and also some restrictions on loans to non-resident purchasers. Procedures are the same as for residents, except that the contract to purchase will need to be authenticated when the purchaser is outside of South Africa. Also, if the buyer is married, there are conditions on the contract or mortgage bond which may be subject to the matrimonial law of their country of marriage.

There are tax and Capital Gains Tax implications for non-residents which should be investigated, both on any rental earned and on resale of the property, and repatriation of funds brought into the country to purchase property is possible, once the property has been sold, with certain conditions.

If it is an individual's intention to remain in the country for any length of time, they will be expected to apply for their South African Permanent Residence in accordance with the given requirements and procedures of South African law.