Jennifer_Paddock As the owner of a unit in a sectional title scheme you are subject to more restrictions than you would be if you were the owner of a freehold property. When you want to make alterations to your section you may well need body corporate approval as well as that local authority consent before you can start. A freehold property owner is not subject to the additional level of governance exercised by sectional title bodies corporate. Sectional owners therefore need to be aware of the correct procedures, so as to ensure that they comply with the applicable legislative requirements before effecting alterations to their sections.In this article we look at the requirements set out in section 24 of the Sectional Titles Act 95 of 1986 (“the Act”) which deals with extensions of sections.

What is an ‘extension’ of a section?

Any alteration to your section which increases its:

boundaries, or
floor area
is considered an extension of the section.Where are your sections boundaries?

In terms of section 5(4) of the Sectional Titles Act 95 of 1986 (“the Act”) a section is owned to the median line or midpoint of its dividing floors, walls and ceilings. The scheme’s sectional plan filed at the Deeds Registry indicates the boundaries of each section, shown as solid lines.

So if your section is on the ground floor and you decide to push out your bedroom into the garden area, you are almost certainly going to be extending the boundaries and floor area of your section and will be hit by the provisions of section 24 of the Act.

Extending the floor area of your section

It is possible to extend your section without actually extending the boundaries of your section. For example, if your section has a double volume ceiling and you decide to build a mezzanine loft area within your section, you will be extending the floor area of your section and section 24 of the Act will apply. Even if you just use the loft area for storage space, you will have effectively extended the floor area of your section.

What authorization do you need to get before you can legally extend your section?

Section 24(3) of the Act stipulates that an owner must first obtain a special resolution of the body corporate authorizing his proposed extension before he is allowed to effect the alterations. This would involve putting a proposal to owners, normally via the trustees, and perhaps asking them for a general meeting where your proposal can be considered and voted upon. Alternatively you could send or take your proposed resolution to each owner individually and get written consents.

How is a special resolution passed?

A special resolution can be passed in one of two ways:

  1. at a general meeting of the body corporate; or
  2. by the necessary majority of owners agreeing in writing in what is known as a ‘round robin’ procedure.

A special resolution at a meeting requires the following:

  • notice of the meeting, specifying the proposed resolution, must be sent to all persons entitled to attend general meetings and at least thirty days notice must be given unless the trustees have decided that shorter notice is appropriate;
  • At the meeting a quorum of persons entitled to vote must be present or represented; and
  • Of those present or represented and entitled to vote, seventy-five percent in number (by show of hands) and in value (seventy-five percent of the participation quotas present or represented at the meeting) must vote in favour of the resolution.
A special resolution by round robin procedure requires the following:Seventy-five percent in number and value of all owners must agree to the resolution in writing.

Once the special resolution has been passed, what else needs to be done from a sectional title perspective?

The special resolution might only be approved if it contains conditions that apply to your building operations, such as an obligation to pay a deposit to cover the body corporate against any damages it may suffer in the process. It may also approve the extension on the condition that you pay the body corporate a capital amount as compensation to other owners for the loss of the use of the common property that your extension will cover. The trustees should not sign any building plans for submission to the local authority until the required special resolution is obtained.

Your next step is to get the buildings completed to the point they can be measured. During this process you will need to liaise with the local authority and ensure that all their requirements are met. You will need to instruct a land surveyor or architect to draw up a draft sectional plan of extension and submit this plan to the Surveyor-General for approval. Once the Surveyor-General has approved this plan application must be made to the Registrar of Deeds to register the plan.

If according to the plan your extension causes a deviation of more than ten percent in the participation quota of any section in the scheme, then you will also need to get the consent of the mortgagee of every unit in the scheme. You may be able to simplify this process by requesting general consents from the major banks which hold mortgage bonds over the units in the scheme.

Article reference: Volume 4, Issue 09, Page 3.

This article is published under the Creative Commons Attribution license

 

15 Comments.

  • Hi there,

    The part about building a loft is applicable to our situation, except that we’re extending an existing loft. I think that should be no different in adding floor space…

    However, can the trustees decide to add floor space contributed from the loft extension when they’ve never included the floor space that was contributed by the existing and original loft?

    Thanks

    • Paddocks
      01/09/2016 11:29

      Dear Norman,

      Thank you for your comment. 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

  • Christina
    30/05/2017 11:34

    Hi There

    I Live In A Townhouse Complex And It Is rather small , What some owners have done
    is convert their garage into a lounge or storage space and some unit have lapa’s
    We have since gone to body corp and asked if can also convert our garage into a TV room by taking out
    the garage door and installing a patio door,They refused To Allow Us To do this and the reason for that is they have
    stopped any alterations , so those who have it that’s fine and who wants it ,is no longer possible ,and if I want a Lapa
    the insurance goes up for my neighbour

    please advise

  • fiona smith
    29/09/2017 12:53

    What are the rules applying to enclosing balconies in a Sectional Title property? Does every owner have to comply or can that be a resolution made by the trustees?

    • Paddocks
      08/12/2017 11:04

      Dear Fiona,

      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. Alternatively, join us on http://www.paddocks-club.co.za.

      Kind regards,
      Paddocks

  • I like how you talked about having to extend your floor sections to match the boundaries of your loft or ceiling space. I’m considering using fibrecrete to add some ground to my home and am trying to decide if that’s necessary. Thank you for the information about how the Act may come into play when you make decisions and adjustments.

  • Harriet Copelyn
    08/05/2018 14:06

    Please would you update this useful article, to refer to the new ‘Sectional Title Schemes Management Act.

  • Louis Maritz
    16/05/2018 16:17

    What to do when already purchased section was approved by bank and had an extended loft

  • Paddocks
    21/05/2018 17:02

    Hi Harriet,

    Thanks for the positive comment – I’ve passed this on to the team for consideration.

    Thanks!
    Paddocks

  • Michelle Harrison
    15/06/2018 21:11

    The body corporate gave me permission to change my normal straight door to a stable door they even paid half of the door, now all of a sudden the Trustees sent me a email and said I need building plans, the stable door opens inside my Unit.

    • Paddocks
      19/06/2018 10:38

      Hi Michelle,

      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 have a large kitchen and would like to split the kitchen. Build a wall down the middle, have a smaller kitchen and have a second bedroom – it does not affect the overall size. I’ll still only have the same square meterage – can this be done ?

    • Paddocks
      06/07/2018 13:33

      Hi Melanie,

      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

  • Does the act specify what kind of alterations need to be approved by the trustees for the inside the unit, aside from those impacting structural integrity of the unit? Or is this controlled by the conduct rules?

    • Paddocks
      30/04/2021 16:58

      Hi Juliana,

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

      Kind regards
      Paddocks Team