Mc Naught & Co
Extending your Sectional Title Unit
Altering your home with an extension is a real opportunity to create the space you have always wanted, and it further adds value to your property.
However, owners of sectional units who intend on extending their unit without following the correct procedures could find themselves in a predicament, especially since owners in a sectional title scheme are subject to more restrictions than owners of freehold property.
Section 24 of the Sectional Titles Act, 1986 (“the Act”) regulates the extension of a sectional title section.
What is regarded as an extension in terms of the Act?
An extension of your section is regarded as any alteration to your section which increases its boundaries or floor area. Therefore, if an owner wishes to extend his sectional unit by adding a balcony which extends past the median line as shown on the sectional plan, the owner will be required to comply with the provisions of Section 24 of the Act.
The steps to be followed:
Section 24 (3) of the Act stipulates that the owners are required to first obtain the consent of the body corporate. This is done at a general meeting. It is a requirement that the members pass a special resolution passed by at least 75% of the members of the body corporate who are present or represented at a general meeting; or agreed to in writing by members of a body corporate holding at least 75% of all the votes calculated both in value and number.
Once the owner has obtained consent by the body corporate, proposed plans of the extension should be drawn up by a qualified architect. The architect will thereafter submit the plans for extension for approval by the local authority.
A land surveyor is appointed by the owner in order to draw up new sectional title plans of the scheme to incorporate the extension.
The Land Surveyor will issue a certificate confirming whether the extension caused a deviation of more than 10% in the participation quota or not. If your extension causes a deviation of more than 10% in the participation quota of any unit in the scheme, then you will also need to attain the consent of the bondholder of every unit in the scheme. The plans are thereafter delivered to the Surveyor general for approval.
Due to the extension the owner’s participation quota the owner can expect an increase in levies which will only be enforceable from the date of registration of the extensions in the Deeds Office.
We, as the Conveyancers attend to the application for the registration of the amended sectional title plan in the Deeds Office.
It is imperative that Sectional owners follow the correct procedures in order to ensure that they are compliant with the applicable legislative requirements before effecting alterations to their sections and to further avoid delays when selling their property.
For more information on the topic or any related matter, call us today or visit our offices for personal, professional and efficient service.
Share this article
SA Divorces up by 20% since Lockdown Level 4
Courts around South Africa are battling a surprising divorce backlog. This is such a problem that a plan to fast-track annulments of more than 11 000 failed marriages in Limpopo alone has had to be devised. Limpopo is not the only province with a heavy load of divorce applications. The South Gauteng High Court heard 33 unopposed divorces last Friday.
Are Mothers’ rights more equal than Fathers’?
Parental Responsibilities and Rights are under the spotlight today. The Children’s Act 38 of 2005 has attempted to focus our society and courts’ attention on the interests of the child which are paramount in any custody or contact dispute between parents.
Has COVID-19 Become a Convenient Excuse for Dismissals?
After being on a lock down for a substantial period, the South African economy is finally getting into the swing of things, however businesses have had to do some serious internal restructuring, which for some, unfortunately, include the retrenchment of its employees. Have employers followed the correct procedure as set out in the Labour Relations Act or are employers using the pandemic as an unfair advantage and hiding behind the pretext of “flattening the curve” ?