Can I claim second home stamp duty back?
Andrew Mclaughlin
Published Feb 27, 2026
You can only reclaim Stamp Duty if you’re eligible for a refund. You may be able to claim a Stamp Duty refund if you purchased a new main residence without selling your previous residence, but then sold that previous residence within 3 years. Find out more in our guide: Stamp Duty on Second Homes.
Can you avoid paying stamp duty on a second home?
But, there are a few ways you can avoid it: Gift a deposit – if you aren’t going to be a joint owner then the stamp duty for second homes won’t apply. Act as a guarantor – Guarantors aren’t classed as owning the property. So, you will avoid the additional rate.
Are there people who do not qualify for a land claim?
Conversely, there are some people who do not qualify for a land petition. If you have made a similar request previously and received fair compensation in the form of property or money, then you cannot lodge a complaint.
What happens if you sell your house without approved plans?
If you are selling your house, and don’t have approved plans, you could find yourself in a lot of trouble. And if you are buying a house, and don’t ask whether the seller has approved plans, you might end up inheriting some very expensive problems.
When do you need to lodge a property claim in SA?
According to the government of SA, you can lodge a property petition if you satisfy one simple criterion. You must have lost the property after June 19th, 1913 because of any racial unfairness and did not receive fair compensation for your loss at the time. The law lists five groups of claimants as follows:
What do I need to file a land claim in South Africa?
During the petition, you will be required to have the following documents with you: A list of the parties you represent, if any. If you are an estate executor, then you will need a letter from the Master of the High Court. A certified copy of your South African ID or Smart ID card that is green bar-coded.