Guide to Sectional Title Management | Silkon Property Management

1.1 Introduction to the Sectional Titles Act 95 of 1986

This guide is based on the Sectional Titles Act 95 of 1986 and any amendment thereof

Purpose of the ACT

To provide for the division of buildings into sections and common property and for the acquisition of separate ownership in sections coupled with joint ownership in common property; the control of certain incidents attaching to separate ownership in sections and joint ownership in common property; the transfer of ownership of sections and the registration of sectional mortgage bonds over, and real rights in, sections; the conferring and registration of rights in, and the disposal of, common property; the establishment of bodies corporate to control common property and for that purpose to apply rules; and the establishment of a sectional titles regulation board; and to provide for incidental matters.

1.2 Common Sectional Title Definitions

‘body corporate’, in relation to a building and the land on which such building is situated, means the body corporate of that building referred to in section 36 (1)

‘building’ means a structure of a permanent nature erected or to be erected and which is shown on a sectional plan as part of a scheme

‘Chief Surveyor-General’ means the Chief Surveyor-General appointed in terms of section 2 of the Land Survey Act, 1997 (Act 8 of 1997)

‘common property’, in relation to a scheme, means -
(a) the land included in the scheme;
(b) such parts of the building or buildings as are not included in a section; and
(c) land referred to in section 26

‘conveyancer’ means a conveyancer as defined in the Deeds Registries Act

‘Deeds Registries Act’ means the Deeds Registries Act, 1937 (Act 47 of 1937), and any regulation made thereunder

‘deeds registry’ means a deeds registry as defined in the Deeds Registries Act

‘developer’ means a person who is the registered owner of land, situated within the area of jurisdiction of a local authority, on which is situated or to be erected a building or buildings which he has divided or proposes to divide into two or more sections in terms of a scheme, or the holder of the right referred to in section 25 to extend a scheme, or his successor in title, and includes -
(a) for the purposes of sections 10 and 15B (3) (c), also the agent of any such person or his or her successor in title, or any other person acting on behalf of any of them; and
(b) for the purposes of rebuilding any building that is deemed to have been destroyed, as contemplated in section 48, the body corporate concerned

‘development scheme’ means a scheme in terms of which a building or buildings situated or to be erected on land within the area of jurisdiction of a local authority is or are, for the purposes of selling, letting or otherwise dealing therewith, to be divided into two or more sections, or as contemplated in the proviso to section 2 (a)

‘draft sectional plan’ means a sectional plan prepared in accordance with the provisions of section 5, but not yet approved by the Surveyor-General; and ‘draft
sectional plan of subdivision’, ‘draft sectional plan of consolidation’ and ‘draft sectional plan of extension’ have a corresponding meaning…

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