Sectional Title Scheme Rules under the New Legislation.

In the light of the new sectional titles schemes management legislation, I have re-examined the subject of sectional title body corporate rules.

First I look at  the four types of rules a developer or body corporate can make. Then I examine the law and other legal principles applicable to rules and draw conclusions as to what can and what cannot be regulated in terms of each type of rule.

Then I compare body corporate rules with other types of regulation, particularly title deed conditions and municipal laws such as those that govern town planning and land use. Finally I apply my conclusions to the controversial issue of short-term letting rules in sectional titles schemes.


Graham Paddock is South Africa’s Sectional Title Guru.  Graham advises and drafts legislation for the Government. His advice is valued by all stakeholder groups in the industry.

Article reference: Paddocks Press: May 2019 special edition.

This article is published under the Creative Commons Attribution license.

Back to Paddocks Press – May 2019 special edition.

2 Comments.

  • Damien Laine
    10/09/2019 17:40

    Good day,
    I used to be the Chairperson of my complex. In the last AGM, serious questionable move was mède by few owners that decided to take over. In just few days, they have started a mess running the complex.
    I have serious questions about how the AGM was run and I would like to know who I could approach to have answer. The managing agent felt that I am the only one complaining and do not want to reply to my request.

    I will appreciate any help

    Kind regards

    Damien Laine

    • Paddocks
      13/09/2019 09:04

      Hi Damian,

      Thank you for your comment.

      We would love to help, however we do not give free advice.We do offer private consulting. You’re welcome to send us an email at consulting@paddocks.co.za and we can provide you with a no-obligation quote.

      Kind regards,
      Paddocks