Dr Carryn Melissa Durham

I often get asked what process needs to be followed when an owner wishes to extend their section. The most common examples are where an owner encloses a common property patio, which then becomes part of the living area of the section, or where an owner adds a mezzanine floor in their section.

If the alteration extends past the median line as shown on the sectional plan and results in extending the boundaries or floor area of the section, then the owner will have to comply with section 24 of the Sectional Titles Act 95 of 1986 (“the Act”) that deals with the extensions of sections.

These are the steps that must be followed, by the owner, in order to extend their section:

1. The owner must obtain the approval of the body corporate, authorised by a special resolution. It is not uncommon for the body corporate, before giving consent by way of special resolution, to require proof that the local authority will approve the building plans.

2. An amending sectional plan of extension showing the section extension must be drawn, approved by the Surveyor-General and registered at the Deeds Registry. The owner will therefore need to appoint a land surveyor or architect to submit a draft plan of extension to the Surveyor-General for approval.

3. The submission of a draft sectional plan of extension of a section to the Surveyor-General must be done as prescribed, and must be accompanied by:
a. a certificate issued by an architect or land surveyor stating that the proposed division into sections and common property is not contrary to any operative town planning scheme, statutory plan or conditions subject to which the development was approved in terms of any law, that may affect the development; and
b. an adjusted participation quota schedule, as the extension of any section will affect the participation quotas allocated to all sections.

The Surveyor-General will not approve a draft sectional plan of extension, unless it was prepared in accordance with the Act and the applicable documents have been submitted to him or her in terms of the the provisions of the Act.

4. Regulation 23 deals with the registration of approved sectional plans of extensions of sections, and states that the application must be submitted to the Registrar of Deeds under prescribed Form O, contained in Annexure 1 to the Regulations.

5. An application to the Registrar of Deeds for the registration of a sectional plan of extension of a section must be accompanied by:
a. two copies of the sectional plan of extension of the section;
b. the sectional title deed of the section to be extended;
c. any sectional mortgage bond to which the section may be subject, together with a certificate by a land surveyor or architect stating that there is not a deviation of more than ten percent (10%) in the participation quota of the relevant section as a result of the extension; or if there is a deviation of more than 10%, a certificate by the conveyancer stating that the mortgagee of each section in the scheme has consented to the registration of the sectional plan of extension of that section; and
d. any other documents that may be prescribed.

6. If the extension of the section causes a deviation of more than 10% in the participation quota of the section, then the owner must send a notice by registered post to each mortgagee giving details of the mortgage bond; the mortgagor and the reference number of the mortgage loan (if any); the proposed extension in relation to its size and location; and the impact on the security of such mortgagee as to the diminution of the participation quota allocated to the mortgage unit. If a response, to the notice, is not received by the owner within 30 days of the posting of the notice by registered post, it shall be deemed that the mortgagee does not have any objection to the proposed extension, and that the mortgagee consents thereto.

7. When the requirements of section 24 of the Act, and of any other relevant law have been complied with, the Registrar of Deeds must register the sectional plan of extension, and must make an appropriate endorsement on the title deed. The Registrar will allot a distinctive number to the plan.

8. The Registrar must then furnish a copy of the sectional plan of extension to the local authority concerned, and must notify the Surveyor-General of the registration of the plan. The Surveyor-General must then amend the original sectional plan, and the copy held at the Deeds Office to reflect the extension of a section.

9. The sectional plan of extension of a section will, upon the registration, be deemed to be incorporated in the registered sectional plan of the scheme. Furthermore, such plan is deemed to be part of the sectional title deed, and an owner’s title to his or her section and his or her undivided share in the common property is subject to, or benefited by, the servitudes, other real rights or conditions (if any) which burden or benefit the land shown on the sectional plan, and to any registrable condition imposed by a developer.

In my next article, I will address the various considerations a body corporate should make before authorising an owner’s request to extend their section by special resolution. If you are experiencing any problems in your scheme in this regard, please contact us at consulting@paddocks.co.za.


Article reference: Paddocks Press: Volume 11, Issue 08, Page 01.

Dr Carryn Melissa Durham is one of the most highly qualified Sectional Title Attorneys in the country (BA, LLB, LLM and LLD), Carryn forms part of the Paddocks Private Consulting Division.

This article is published under the Creative Commons Attribution license.

Back to Paddocks Press – August 2016 Edition.

11 Comments.

  • […] Posted In: Paddocks Press Newsletter | 24/08/2016 | 0 […]

    • re: “1. The owner must obtain the approval of the body corporate, authorised by a special resolution. It is not uncommon for the body corporate, before giving consent by way of special resolution, to require proof that the local authority will approve the building plans”

      My experience is the reverse of Point 1. The city of cape town required proof that the body corporate had approved the proposed plans before they would even look at them.

  • Please clarify – I bought a property in a sectional title and was never notified of a “resolution” by body corporate of managing agent of “proposed building plan cost” related to a Unit next to mine. I received a charge on my statement for building costs which I do not know about, The plans have not even been approved by municipality or registered at the deeds office, My question is – am I liable to pay for an extension that was not communicated

    • Paddocks
      09/02/2017 10:03

      Dear Janap,

      Thank you for your comment. We are more than happy to help, however we do not give free opinions / advice. Please email us on consulting@paddocks.co.za with regards to your matter, and we can provide you with a no-obligation quote, so that we can assist you.

      Kind regards,
      Paddocks

  • Hi
    My townhouse registered before the 1986 Act – all units have a cement slab in front of their door – this area is included in the PQ are square metres of the unit – can I therefore extend to the end of this area without plans, permission etc I am already paying a levy for this area.

  • Sam Arieff
    21/03/2018 20:15

    Hi Dr Carryn,
    I have a sectional title building, and a section on the ground floor has been sectioned off. Now I, as the owner, want to build over the section.
    My undestanding is that the sectional title owner only have the right to the inner four walls floor and ceiling and nothing beyond this.
    Is this correct?
    Regards
    Sam

    • Paddocks
      10/04/2018 08:21

      Hi Sam,

      Thank you for your comment. We would love to help but unfortunately do not give free advice. Here’s how we can help:
      – We offer a Free Basics of Sectional Title 1-week short course. You’ll be able to ask your course instructor any related questions. Find out more here.
      – We offer consulting via telephone for R490 for 10 minutes. Please call us on +27 21 686 3950.
      – We have Paddocks Club, an exclusive online club, to help you get answers to your questions about community schemes. Find out more here.

      Kind regards
      Paddocks

  • I see this article was written in 2016. Regarding registration/application by/to the Deeds Office – does this still apply or does CSOS become involved in any of this with the Deeds Office coming in later?

    • Paddocks
      18/05/2018 16:51

      Hi Audrey,

      Thank you for your comment. We would love to help but unfortunately do not give free advice. Here’s how we can help:
      – We offer a Free Basics of Sectional Title 1-week short course. You’ll be able to ask your course instructor any related questions. Find out more here.
      – We offer consulting via telephone for R490 for 10 minutes. Please call us on +27 21 686 3950.
      – We have Paddocks Club, an exclusive online club, to help you get answers to your questions about community schemes. Find out more here.

      Kind regards
      Paddocks

  • Helena de Waal
    05/12/2020 18:36

    Good day. Is the Spluma Act applicable for the extention of every unit in an existing complex? Even in the case where no extra communal ground would be used. Eg the court yard wall to be built higher. Thanks

    • Paddocks
      09/12/2020 10:49

      Hi Helena,

      Thank you for your comment. This would be something that our legal team would need to assist with. Please send the relevant details of the matter to consulting@paddocks.co.za and the team will provide a no-obligation quote for their assistance with your matter.

      Kind regards
      Paddocks