Amendment to definitions of “architect”, “developer” and “land surveyor”. This is essentially updating these to bring them in line with modern legislative changes.
Amendment here relates to giving tenants notice when converting to sectional title.
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.
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.
Amendment to regulate the issuing of a certificate of registered sectional title in respect of a fraction of an undivided share in a section.
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.
Amendment to provide for the cession of a mortgaged real right of extension and a mortgaged real right of exclusive use.
Amendment to provide for the cancellation of part of a section pursuant to an expropriation.
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.
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.
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.
Kate Blake is the dedicated Paddocks Club facilitator. To become a member and join the Paddocks Community please visit www.paddocksclub.co.za or contact Emma on 021 447 4130 to find out how the Club can benefit you.
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