An individual

Any natural person over the age of 21 years.

Two or more individuals, not married

Any natural persons over the age of 21 years who wish to purchase a property in their joint names.

Married couple

• Out of community of property
  This is where both partners have full contractual power. The bond can be in joint names, or either name, provided that the applicant qualifies in their individual capacity.
• In community of property
  The bond must be registered in joint names of both partners.
• Foreign matrimonial property system
  The contractual capacities of the marriage partners is viewed according to the law of the country where they were married.
• Customary union (Tribal Law)
  This is not recognised as a legal marriage. A woman may purchase property in her own right - except for a Zulu woman who is married in accordance with Section 46 of the Natal Code of Zulu Law. This states that she is unable to enter into a contract without her husband's consent. The bond may be in joint names, or in either name, provided the applicant qualifies in their own capacity.
• Customary union (Religious, for example, Hindu or Muslim)
  This is not recognised as a legal marriage unless the marriage was conducted by a magistrate or commissioner. If it is not legal then the bond may be in joint names or either name, provided that the applicant qualifies in his/her own capacity. If it is legal, then the bond must comply with the terms laid down in the marriage contract. The registering attorney will ensure that all documents are signed in accordance with the Matrimonial Property Act.

Minor

An unmarried person younger than 21 years must obtain consent from the Supreme Court in terms of Section 80 of the Administration of Estates Act 60 of 1965 before buying property.

Contract worker or worker seconded or recruited from abroad

Such a worker can buy a property only after being placed on record with the exchange control authorities.

Official or employee in the public sector

An applicant who qualifies for the Government Guarantee Scheme and is a government employee - for example, a member of the police or navy - may buy property as a civil servant.

Close corporation

A close corporation can buy a property provided that Section 40 of the Close Corporations Act will not be contravened. This sets out the conditions under which a close corporation may finance the purchase of a member's interest. The close corporation should be aware of the implications of Capital Gains Tax.

Company

A company may buy a property provided that Section 38 of the Companies Act will not be contravened. This prohibits a company from financing the purchase of its own shares.

Informal body

Recognised churches and associations may buy a property.

Trusts

Inter vivos and testamentary trusts qualify to register a property in their name.