South Africans are increasingly purchasing property abroad — whether as an investment, a retirement plan, or a stepping stone to emigration. Countries such as Portugal, Mauritius, Greece, Cyprus, the United Kingdom, and Australia remain popular destinations. What many buyers discover too late is that purchasing property in a foreign country requires a substantial package of official documents, nearly all of which must be notarised and then legalised through an apostille or full embassy legalisation before the foreign authorities will accept them.
Core Documents You Will Need
Certified and Notarised Passport Copies
A notarised copy of your South African passport is the single most commonly requested document. A simple certified copy from a police station is almost never sufficient — the copy must be notarised by a notary public and then apostilled or legalised for use in the destination country.
Proof of Funds and Bank Statements
Most countries require proof that you have the financial means to complete the purchase. This typically involves recent bank statements (three to six months), a bank confirmation letter, or both. These documents often need to be notarised.
SARS Tax Clearance Certificate
The SARS tax clearance certificate confirms that your tax affairs are in order. Foreign exchange dealers and banks will require this. Obtaining one can take several weeks, so apply well in advance.
South African Police Clearance Certificate
Countries offering residency-linked property investment programmes often require a police clearance certificate. Processing times range from two to eight weeks, and the certificate may require notarisation and apostille.
Marriage Certificate or Divorce Decree
The foreign authority will require a copy of your marriage certificate (notarised and apostilled) to determine your marital regime and whether spousal consent is required. Unabridged marriage certificates are available from Home Affairs, where processing delays are common.
Birth Certificates
Some jurisdictions require unabridged birth certificates, particularly where the purchase involves a residency application. These must be obtained from Home Affairs and then notarised and apostilled.
Power of Attorney
If you cannot be physically present to sign documents, you will need a power of attorney (POA) authorising a local representative to act on your behalf.
The Role of a Power of Attorney
Buying property abroad almost always involves a stage where documents must be signed in person. Unless you intend to fly to the destination country for every signing session, a properly drafted POA is essential. The POA must be:
- Specific — clearly describing the property and authorised acts
- Notarised — signed before a South African notary public
- Apostilled or legalised — processed through DIRCO or the relevant embassy
- Translated — if the destination country does not operate in English
A general POA is rarely accepted for property transactions. The foreign authority will insist on a special POA referencing the specific property and transaction.
Notarisation and Apostille: Why Both Are Required
Having your documents notarised is only the first step. For a South African document to be recognised abroad, it must also be legalised:
- Hague Convention countries (Portugal, Mauritius, Greece, Cyprus, UK, Australia) — the document requires an apostille certificate from DIRCO.
- Non-Hague countries — full legalisation involving DIRCO authentication followed by embassy legalisation.
Popular Destination Countries
Portugal
Portugal’s Golden Visa programme has attracted significant South African interest. Expect to provide notarised and apostilled copies of your passport, tax clearance, police clearance, marriage or birth certificates, and a special POA. Sworn translations into Portuguese may be required.
Mauritius
Popular due to its proximity and favourable investment climate. Property purchases require notarised passport copies, proof of funds, police clearance, and a POA. As a Hague Convention member, Mauritius accepts apostilled documents.
Greece and Cyprus
Both have investment residency programmes. Requirements are similar to Portugal — notarised and apostilled identity documents, financial documentation, police clearance, and a specific POA.
United Kingdom and Australia
More straightforward procedurally, but notarised and apostilled documents are still required for identity verification, proof of funds, and POA arrangements. Both are Hague Convention members.
SARB and Exchange Control
Transferring funds out of South Africa is subject to exchange control regulations administered by SARB through authorised dealers (your bank). You will need a foreign investment allowance or single discretionary allowance, plus supporting documents including your tax clearance certificate.
We do not provide financial or tax advice, but we can assist with notarisation and legalisation of the supporting documents your bank or SARB will require.
Practical Tips: Start Early
The single most important advice: start the document preparation process as early as possible.
- Home Affairs — unabridged certificates: up to 8 weeks
- SAPS — police clearance: 2 to 8 weeks
- SARS — tax clearance: 2 to 4 weeks
- DIRCO — apostille: 5 to 10 working days
- Embassy legalisation — 2 to 6 weeks
We recommend beginning at least three months before your anticipated transaction date.
Frequently Asked Questions
Do I need a notary public or can a commissioner of oaths handle this?
A commissioner of oaths cannot notarise documents. For international property transactions, only documents notarised by a notary public will be accepted.
Can I use the same apostille for multiple countries?
Each apostille is attached to a specific document. If you need the same document for multiple countries, you need separate notarised copies and separate apostilles. However, any single apostille is valid in all Hague Convention member countries.
How long is an apostille valid?
South African apostilles do not carry a fixed expiry date. However, the underlying document may have an expiry period imposed by the receiving country. Check with the foreign authority.
Can I complete the entire process remotely?
You must appear before a notary public in person for signature notarisation. Once notarised, we handle the apostille and legalisation process on your behalf.
What happens if a document is rejected?
It will need to be corrected and re-processed from the beginning. This is why using an experienced notary who understands international requirements is important. We have handled document legalisation for property buyers worldwide since 1995.
We Handle the Complete Document Package
At Louwrens Koen Attorneys in Pretoria, we offer a complete document preparation service for South Africans buying property abroad. As an admitted notary public and conveyancer with nearly three decades of experience, our principal personally handles the notarisation. We then manage the entire apostille and legalisation process.
Contact us to discuss your property purchase and let us prepare your documents correctly from the start.