Property & Real Estate

Property & Real Estate

Over the past decade, rapid legislative change has swept the property market, affecting planning and development, land use, tenant debt, municipal services, transfer duties and deeds registration, among others. The Werksmans Property & Real Estate practice provides innovative solutions to the ever-changing circumstances in the market, whether from a legal or commercial perspective.

Acting for property developers and financial institutions, the team offers the collective expertise of some of South Africa’s most experienced contractual and transactional real estate lawyers.

Team members specialise in all aspects of commercial property transactions and conveyancing, including advice on property development in relation to commercial, urban, coastal, residential and agricultural areas. Advice is also provided on cluster and sectional title developments, sale and purchase agreements, options, leases, development agreements and building contracts. Where required, the Property & Real Estate team assists in setting up special purpose vehicles for property investors and developers.

More recently, the Property & Real Estate team has been involved in structuring transactions aimed at enabling previously disadvantaged individuals or groups to acquire ownership in commercial or agricultural property ventures. In the case of indirect ownership, such as through trusts or companies, the necessary structures have been devised, developed and put in place through a process of mentoring and guidance.

Advice is readily available on the laws and regulations affecting zoning, land usage, the environment, mining and minerals and the like. The team also has an in-depth understanding of the intricacies of water law in South Africa.

The tax implications of property transactions are comprehensively addressed in collaboration with other practice areas within the firm, as are the property aspects of mergers and acquisitions. Where disputes arise from property related matters, the team draws on the expertise of the firm’s litigation and dispute resolution professionals to ensure that disputes are efficiently and effectively resolved.


  • Legislative and regulatory advice
  • Commercial property transactions
  • Conveyancing
  • Advice on property development: in commercial, urban, residential, coastal, industrial and agricultural areas
  • Sale and purchase agreements
  • Development agreements
  • Building contracts
  • Litigation and dispute resolution
  • Water law


Director Hendrik Kotze, Head of our Property & Real Estate practice area (Western Cape)

Director Fátima Rodrigues, Head of our Property & Real Estate practice area (Johannesburg).

View our Property & Real Estate practice area overview