By Kate Blake, in consultation with Graham Paddock.

Kate Blake The 2012 Proposed Amendments to the Sectional Titles Act, 1986, were made available for comment earlier this month; although the period for comments has recently closed, we wanted to provide you with a brief outline of the proposed amendments to 11 sections of the Act.

Section 1

Amendment to definitions of “architect”, “developer” and “land surveyor”. This is essentially updating these to bring them in line with modern legislative changes.

Section 4
Amendment here relates to giving tenants notice when converting to sectional title.

Paddocks ClubSection 7
Amendment is to give more responsibility to the Surveyor-General. Amendment to provide for the Surveyor-General to investigate draft sectional plans and prescribed documentation – to take responsibility for the examination of sectional plans of consolidation, subdivision and extension of schemes.

Section 14
Amendment to cater for the cancellation of a sectional plan on the authority of an order of court. This has always been available but there has not been specific  provision in the Act for this.

Section 15B
Amendment to regulate the issuing of a certificate of registered sectional title in respect of a fraction of an undivided share in a section.

Section 17
Amendment to provide for the registration of a transfer of a part of the common property with the consent of the owners of the sections and the holders of the registered real rights, etc.

Section 18
Amendment to provide for the cession of a mortgaged real right of extension and a mortgaged real right of exclusive use.

Section 19
Amendment to provide for the cancellation of part of a section pursuant to an expropriation.

Section 24
Amendment to increase the “threshold” percentage participation quota deviation on extension of a section. Deviation percentage increased from 10% to 20%: if it exceeds 20% or 1/5 of floor area, all bondholders’ consents are required.

Section 25
Deals with the extension of schemes. Amendment to further provide for the consent of bondholders on registration of a sectional plan of extension. To provide for the draft sectional plans and prescribed documentation to be lodged with the Surveyor-General as well as to provide for the deviation from the particulars of the plans (to scale) upon unanimous resolution.

Section 27
Amendment proposed to provide more fully for the issuing of more than one certificate of real right off extension and more than once certificate of real right of exclusive use.

Please note the above are only proposed amendments. Once we have the text of the amended Sectional Titles Act, 1986 we will inform you.

Article reference: Paddocks Press: Volume 7, Issue 10, Page 3

Kate Blake is the dedicated Paddocks Club facilitator. To become a member and join the Paddocks Community please visit or contact Emma on 021 447 4130 to find out how the Club can benefit you.

This article is published under the Creative Commons Attribution license