Cape Town Registrars Notice 1 of 2015: Restoration Applications
Deeds Office Practice and Procedures
Restoration applications will only be considered where deeds were incorrectly rejected by the senior examiner.
- The conveyancer must first approach the senior examiner to discuss the rejection note/s (see Registrar's Notice 3 of 2013 pertaining to the discussion of notes).
- The senior examiner must confirm in writing whether he/she agrees to the restoration on the standard restoration application template. The standard application template can be obtained from our front counter Section.
- The conveyancer may approach the Assistant Registrar assigned to the Senior, if the senior did not agree that the deed was incorrectly rejected. The Assistant Registrar must then similarly indicate as to his/her decision/opinion.
- The application must then be placed in the box provided in the Registrar’s reception by 9 am. Applications not discussed with the senior examiner and/or ARD will be returned.
- Only applications received by 9 am will be assessed by the Registrar’s panel on that day.
- Applications not supported by the senior examiner or Assistant Registrar and clearly indicated as such, may still be referred to the Registrar for a final decision.
- The deeds, if approved by the Registrar, will be made available to the conveyancer by the 3rd working day of date of approval.
- Those applications not approved will be lodged normally, unless referred back to conveyancer.
Expedition and Regulation time applications
- An application for expedition of registration must be motivated sufficiently to enable the panel to exercise its collective mind. The standard application template can be obtained from our front counter section.
- The application must be placed in the box allocated in the Registrar’s reception by 9 am. It is not required of the conveyancer to motivate in person unless requested by the Registrar.
- Unsuccessful applications will either be referred back to the conveyancer or lodged on behalf of the conveyancer.
- Applications received by 9 am will be considered on that day. Applications received late will stand over for the next day.
- The deeds will be made available to the conveyancer on the 4th working day if expedited for registration and on the 6th working day where Regulation time was granted.
- Requests for rulings or where the Registrar is expected to exercise his discretion must be motivated in writing (on the firm’s letterhead) to enable the panel to familiarise itself with the matter and conduct any enquiry or research.
- Conveyancers will also be required to present themselves in person to the Registrar to discuss the matter. The conveyancer should have sufficient knowledge of the matter to address queries raised by the panel.
- The Registrar may be consulted between 10 am and 11 am during weekdays, except on Thursdays where it will be between 11 am and 12 am.
“Black book" applications
Please see Registrar’s Notice 4 of 2014
Leave a comment: