SECTIONAL TITLES: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Sectional Titles (Conduct) Rules

Sectional Titles (Management) Rules

Sectional Titles Regulations

SECTIONAL TITLES REGULATIONS

(under section 56)

(23rd September, 2002)

ARRANGEMENT OF REGULATIONS

REGULATIONS

   1.   Citation

   2.   Interpretation

   3.   Notification of tenants about development scheme

   4.   Sectional plans

   5.   Submission of sectional plan to Director

   6.   Field measurements

   7.   Accuracy and correctness of sectional plan

   8.   Application for opening of sectional title register

   9.   Certificates of registered sectional title

   10.   Numbering of sectional plans on registration

   11.   Conditions for registration of sectional plan and opening of sectional title register

   12.   Certificates of real right

   13.   Amendment, etc, of registered sectional plan

   14.   Registration of transfer of ownership and other rights

   15.   Preparation of certificate of registration, etc

   16.   Preparation of and form of documentation for registration

   17.   Responsibility for correctness of facts stated in documents

   18.   Dealings with common property

   19.   Registration of sectional plan of subdivision, consolidation, etc

   20.   Registration of plan of extension of common property

   21.   Exclusive use areas

   22.   Destruction of or damage to buildings

   23.   Sectional mortgage bonds

   24.   Endorsement or entries on registered deeds or other documents

   25.   Arbitration proceedings

   26.   Certified copies

      Schedule

S.I. 77, 2002,
S.I. 8, 2003.

1.   Citation

   These Regulations may be cited as the Sectional Titles Regulations.

2.   Interpretation

   In these Regulations-

   (a)   a word or expression to which a meaning has been assigned in the Act shall bear that meaning unless the context otherwise requires;

   (b)   "sectional title file" means the file referred to in regulation 11; and

   (c)   "the Act" means the Sectional Titles Act.

3.   Notification of tenants about development scheme

   (1) Where a developer intends to convert an existing building into a development scheme in terms of section 6(2) of the Act, he shall furnish, to the tenants occupying that building as required by section 6(2)(b), full parparticulars of the development scheme.

   (2) The particulars shall indicate the following-

   (a)   the name of the scheme;

   (b)   the description and extent of the land upon which the building or buildings comprising the proposed scheme are situated, as reflected in the title deed of such land;

   (c)   the full name and address of the developer;

   (d)   the number or description of every separate category of units in the buildings comprised in the scheme;

   (e)   the number of garages and the number of parking places which are provided in the scheme;

   (f)   any facilities available as common property under the scheme;

   (g)   a copy of a report by an architect or a professional engineer in respect of the common property relating to the general physical condition of the building or buildings comprised in the scheme, with specific reference to any defects in the buildings and the services and facilities relating thereto;

   (h)   a specified estimate by the developer or his agent of the annual expenditure in respect of-

      (aa)   the repair, upkeep, control, management and administration of the common property;

      (bb)   the payment of rates and taxes and other local authority charges in respect of the building or buildings and land concerned;

      (cc)   the charges for the supply of electricity, gas, water, fuel and sanitary and other services to the building or buildings and land concerned;

      (dd)   insurance premiums; and

      (ee)   all other costs in respect of the common property which are normally recovered from the owners of units as contemplated in section 40(1) of the Act.

4.   Sectional plans

   (1) A sectional plan prepared in terms of section 7(1) of the Act and lodged with the Director for approval in terms of section 9(1) for registration in the Deeds Registry shall comply with the following requirements-

   (a)   it shall be prepared on a drawing medium of durable and good quality approved by the Director, of any of the following sizes: 297 x 210 mm; 297 x 420 mm or 297 x 841 mm and in black ink of a good quality:

      Provided that any departure from these requirements shall require the prior written approval of the Director;

   (b)   only one side of the sheet shall be used;

   (c)   the binding margin shall be along the 297 mm side and sheets larger than 297 x 210 mm shall be folded to that size with the folds clear of the binding margin:

      Provided that sheets required by the Director shall not be folded;

   (d)   margins 40 mm wide along the 297 mm binding side of the sheets and 10 mm wide along the other sides shall be provided and such margins, subject to the provisions of paragraph (h), shall be left free of any writing or drawing;

   (e)   all linear measurements recorded on such plan shall be in metres to two decimal places;

   (f)   where angles or angles of direction are required to be shown on such a plan they shall be recorded to 10 seconds;

   (g)   the scale to which any plan is prepared shall be one of the following

      1/1 000, 1/1 250, 1/1 500, 1/2 000, 1/2 500, 1/3 000, 1/4000, 1/5 000, 1/6 000 or 1/7 500, or shall be to any of the said scales in which the denominator can be multiplied or divided by ten to any integral power:

      Provided that-

      (i)   the size of the figure shall be sufficiently large to show all the required details, and

      (ii)   if necessary, block plans, floor plans and cross-sections of a building may be shown on more than one sheet;

   (h)   any addition, alteration or interlineation on a sectional plan shall be initialled by the preparer thereof and for this purpose, the margin on the right hand side of the sheet opposite such addition, alteration or interlineation shall be used;

   (i)   the Director may refuse to approve a sectional plan if, in his opinion, that plan is dilapidated, has been prepared in a careless manner, or the appearance thereof is spoilt by additions or alterations, or the writing or any drawing thereon does not, owing to faintness or other reason, ensure durability;

   (j)   the developer shall furnish the architect or land surveyor with all documents and particulars required by him to prepare the sectional plan;

   (k)   (i)   where the scheme comprises more than one building, the buildings on the sectional plan shall be consecutively numbered commencing with the figure "1",

      (ii)   all sections in a scheme shall be numbered consecutively on the sectional plan commencing with the figure "1",

      (iii)   the number allocated to a section on the sectional plan shall be allocated to all parts of that section,

      (iv)   the number allocated to a section on a sectional plan of subdivision, consolidation and extension shall continue from the last number used for the scheme:

         Provided that if a section is extended it shall retain the same number, and

      (v)   an exclusive use area shall be uniquely numbered;

   (l)   where the boundaries of a section or of a part thereof cannot be defined by reference to its floor, walls and ceiling, such boundaries shall be defined in a manner acceptable to the Director;

   (m)   the common boundary between an exclusive use area created in terms of section 29(1) or 29(2) of the Act, and a section or common property shall be, in the case of physical features, the median line of the dividing floor, wall, ceiling, fence or other similar feature, unless boundaries have been described in a different manner on the sectional plan; otherwise a boundary which is not a physical feature shall be described in a manner acceptable to the Director, or in terms of beacons determined in accordance with the provisions of the Land Survey Act, which beacons shall be described, and sufficient data given on such plan to define the area and to determine the location thereof in relation to the building, section or boundaries of the land; and

   (n)   each sheet shall contain the following-

      (i)   the title of the sheet,

      (ii)   the sheet number and, in addition thereto, an indication of the number of sheets of which the sectional plan shall consist as follows-

            "Sheet .............. of ............ sheets",

      (iii)   the name and address of the architect or land surveyor concerned or, if he is practising with a firm of architects or land surveyors, his name and the name and address of the firm, all in block letters, the signature of the architect or land surveyor, and his professional designation,

      (iv)   the date on which the architect or land surveyor signed the sheet,

      (v)   a space which shall be provided for the approval certificate of the Director, and

      (vi)   such notes as the architect or land surveyor may wish to make.

   (2) A sectional plan shall consist of the following sheets which, subject to the provisions of the Act and subregulation (3), shall contain the particulars prescribed by this regulation:

   Provided that if such plan is intended for the purposes of a subdivision, consolidation or extension of a section or sections, for the extension of a scheme or common property, in the circumstances referred to in section 29(5) of the Act, for the amendment of a scheme due to the destruction of or damage to a building or buildings, or for the amendment of a sectional plan in terms of section 15(1) of the Act, it need only comprise such sheets as are affected by such amendments, and the heading of such plan shall be styled as an amending sectional plan-

   (a)   a first sheet which shall be in the form of Form A in the Schedule, and which shall contain, in addition to the particulars mentioned in subregulation (1)(n), the following-

      (i)   the name of the scheme,

      (ii)   the description of the land as reflected on the relevant approved general plan or approved diagram of the land,

      (iii)   the number of the relevant approved general plan or of the approved diagram of the land;

      (iv)   the number of the section or part of a section that is found in every building:

         Provided that if a building consists only of common property, it shall be described as such,

      (v)   the nature of any encroachment on the land to which the scheme relates,

      (vi)   a certificate signed by the architect or land surveyor that the sectional plan has been prepared from actual measurements taken by him or under his direction:

         Provided that where the responsibility for the preparation of the sectional plan is carried by more than one person, each of such architects or land surveyors shall affix a certificate to this sheet, and such certificate shall disclose to what extent he accepts responsibility for the preparation of the sectional plan,

      (vii)   the name of the local authority,

      (viii)   the sheet number on which every exclusive use area can be found,

      (xi)   space for-

         (aa)   the signature of the Registrar and his reference number, and

         (bb)   the signature of the Director and his reference number;

   (b)   a sheet or sheets on which a block plan is prepared, which shall, in addition to complying with the provisions of section 7(3)(a) of the Act and subregulation (1)(n), contain or indicate the following-

      (i)   a description of contiguous land, and the names of contiguous streets, if any,

      (ii)   (aa)   the position at ground level of the external surfaces of the walls of all buildings shown as a solid line, together with the horizontal distances between each rectilinear cadastral boundary and the buildings nearest to such boundary:

            Provided that where such external surfaces of any walls are interrupted at ground level by features such as archways, doorways or similar openings, such external surfaces shall likewise be shown as a solid line,

         (bb)   the greatest extent to which the external surfaces, excluding roof overhangs, unless any such over-hang encroaches over the cadastral boundary, protrude beyond the external surfaces of the building at ground level shown by distinctive broken lines, together with the horizontal distance between each rectilinear cadastral boundary and the nearest protrusion to such boundary:

            Provided that if a basement area determined by the internal surfaces of the walls projects beyond the external surface of the building at ground level, such projection shall likewise be shown separately by a distinctive broken line:

            Provided further that a brief description shall be given of all parts of the building indicated by a distinctive broken line,

      (iii)   any encroachment on the land to which the scheme relates, and

      (iv)   a sign indicating the true north direction;

   (c)   a sheet or sheets on which the diagrammatic floor plan in respect of each story in the building or buildings referred to in section 7(3)(c) and (d) of the Act are shown and which shall contain, in addition to the particulars mentioned in subregulation 4(1)(n), the following-

      (i)   the boundaries of the sections shown as a solid line,

      (ii)   the common property areas by means of distinctive broken lines,

      (iii)   an indication of the position of the diagrammatic cross-sections when required in terms of subregulation 4(3),

      (iv)   the number of each section or part of such section,

      (v)   a sign indicating the true north direction,

      (vi)   such other information as may be necessary to define each section, and

      (vii)   an exclusive use area as referred to in subregulation 4(1)(m), which shall be delineated by means of distinctive broken lines and shall express the area to the nearest square metre:

            Provided that if details cannot clearly be shown on the sheet, such details may be shown in an inset or on an additional sheet as contemplated in paragraph (f),

   (d)   a sheet or sheets containing in numerical sequence-

      (i)   the floor areas of the sections as referred to in section 7(3)(e) of the Act, and

      (ii)   the participation quotas in respect of the sections in the schedule referred to in section 7(3)(g) of the Act:

            Provided that the participation quotas of the separate sections shall be made up in such a way that the total participation quota is equal to 100,00; and

   (e)   a sheet or sheets containing the insets referred to in paragraphs (b)(vi) and (c)(vii).

   (3) A sectional plan shall, where uncertainty or ambiguity about the boundaries of a section, as defined in the Act, may exist, shall contain an additional sheet or sheets that contain diagrammatic cross-sections of the building or buildings of every floor in the building or buildings, detailed sufficiently to indicate the boundaries of every section, and that contain, in addition to the particulars specified in subregulation 4(1)(n), the following-

   (a)   the number of the building and the name or number of every floor; and

   (b)   such other information as may be necessary to define every section.

5.   Submission of sectional plan to Director

   (1) The submission of a sectional plan to the Director for his approval in terms of section 9 of the Act shall be in the form of Form AB in the Schedule and shall be accompanied by one paper copy and two copies of the sectional plan concerned on durable drawing material approved by the Director.

   (2) The certificate issued by an architect or a land surveyor in terms of section 9(2) shall be in the form of Form B in the Schedule.

   (3) In addition to the requirements of section 9(2) of the Act, the submission shall also be accompanied by the other documents and plans listed in Form AB referred to in subregulation (1).

   (4) The field book or field plan shall contain the original record of all measurements taken in the field, the name of the person who took the measurements, and the date on which the measurements were taken.

   (5) The calculations shall include the following-

   (a)   the calculations of the dimensions of the sections to the median lines from the field measurements;

   (b)   sufficient calculations to indicate how the area of each section or exclusive use area was determined and how it was checked;

   (c)   the calculations of the participating quota of each section;

   (d)   a list of co-ordinates of at least two corners or identified permanent features of each building:

      Provided that the distances between such corners or features shall be adequate to provide an accurate determination of the position of each building:

      Provided further that the co-ordinates may be listed on the copy of the block plan;

   (e)   a copy of the block plan on which the corners or identified permanent features are indicated and described; and

   (f)   the calculations relevant to the fixing and checking of the buildings to the boundaries of the land and exclusive use areas in relation to the building, section or boundaries of the land.

   (6) The median dimension plan shall indicate the boundaries and the final dimensions of each section as derived from the field measurements and the consistency adjustments.

6.   Field measurements

   (1) Measurements by a land surveyor or architect for the preparation of a sectional plan shall be made in the field to two decimal places of a metre and recorded, at the time of the measurement in the field, in the field book or on the field plan.

   (2) Sufficient measurements shall be made to enable all median dimensions to be calculated and checked, so as to be consistent with the dimensions of the building as a whole, and the sections and other details on the sectional plan to be correctly depicted.

   (3) The provisions of the Land Survey Act and the regulations made thereunder shall apply to the manner in which, and the accuracy to which, the survey of buildings and exclusive use areas whose boundaries are not represented by physical features of permanent nature, shall be performed, and to the manner and the form in which the records of such surveys shall be prepared and lodged with the Director.

7.   Accuracy and correctness of sectional plan

   (1) The Director may at any time check, in the field, the accuracy or correctness of a sectional plan, or any measurement recorded by a land surveyor or architect.

   (2) Where the Director finds a sectional plan, or measurement to be incorrect, he may take such action as he considers appropriate in terms of the Act.

8.   Application for opening of sectional title register

   (1) An application for the opening a sectional title register in terms of section 12(1) of the Act shall be in the form of Form C in the Schedule.

   (2) The application referred to in subregulation(1) shall be accompanied by the title deed to any registered real right, if the land is subject to such a right, excluding rights to minerals, which title deed shall be suitably endorsed to indicate that the land described therein is subject to a development scheme and is registered in the sectional title register:

   Provided that where a certificate has been submitted by a conveyancer to the effect that the title deed to such real rights is not available, the Registrar shall endorse the Registry duplicate of such title deed, and, if the original title deed is at any time lodged with the Registrar for any purpose, he shall make a similar endorsement thereon.

   (3) The schedule contemplated in section 12(3)(b) of the Act shall, in addition to the particulars prescribed in the section, contain the following-

   (a)   the name of the scheme;

   (b)   the full name and address of the developer;

   (c)   the number of the title deed of the land concerned; and

   (d)   in the case of land defined on an approved diagram, the number of the title deed with which the diagram is filed.

9.   Certificates of registered sectional title

   (1) A certificate of registered sectional title referred to in section 12(3)(f) of the Act shall be prepared by a conveyancer and be in the form of Form D in the Schedule, and shall be signed and dated by the Registrar and be sealed with his seal of office.

   (2) Certificates of registered sectional title shall be on paper of durable and good quality of size A4 standard paper and shall be written, typed or printed in size not less than 2 mm, with black ink of good quality.

   (3) A certificate of registered sectional title that does not comply with the requirements of subregulation (2) shall be rejected by the Registrar.

   (4)(a) Subject to the provisions of paragraph (b), a certificate of registered sectional title shall be lodged in duplicate with the Registrar.

   (b) Where the procedure is followed, in the Deeds Registry, of reproducing deeds and documents, and of keeping such reproductions instead of the original such deeds or documents, it shall, notwithstanding anything to the contrary in these Regulations, not be necessary to lodge a duplicate original of such deed or document for filing in the Deeds Registry, and, upon registration, such deed or document shall be deemed to be the copy filed in the Deeds Registry until such time as the reproduction of the deed or document is filed in lieu thereof.

   (5) The provisions of this regulation shall apply mutatis mutandis with reference to any certificate of registered sectional title or sectional title deed issued under any other provision of the Act.

10.   Numbering of sectional plans on registration

   (1) The distinctive number allotted to a sectional plan in terms of section 13(1)(a) of the Act shall be a consecutive number, starting each year with the figure "1", and shall be followed by an oblique line and the year in which the sectional plan is registered.

   (2) The Registrar may refuse to register a sectional plan if, in his opinion, the plan is dilapidated.

11.   Conditions for registration of sectional plan and opening of sectional title register

   (1) The sectional title register as contemplated in section 13(1)(b) of the Act shall be opened by means of a sectional title file as set out in the form of Form D in the Schedule.

   (2) The Registrar shall open a sectional title file in respect of every property to be registered in accordance with the Act and these Regulations, and in that file shall be filed-

   (a)   the documents referred to in section 12(3) of the Act, with the exception of the certificates of registered sectional title, the owners copy of the title deed of the land and the bond;

   (b)   the copy of any notice to the Director and the local authority concerned of the registration or cancellation of the registration of a sectional plan or of the reversion of land to the land register; and

   (c)   correspondence relating to the scheme concerned as a whole.

   (3) Where the procedure is followed, in the Deeds Registry, of reproducing documents and of keeping such reproductions instead of the original such deeds or documents, and of maintaining a register as referred to in section 13(1)(c), the sectional title file referred to in subregulation (3) may be substituted by such reproductions and register:

   Provided that the sectional title file may be maintained for such other documents as the Registrar may determine.

   (4) The file number allotted to the sectional title file shall be the same as the number allotted to the sectional plan.

12.   Certificates of real right

   (1) The certificate of real right referred to in section 13(1)(e) of the Act shall be in the form of Form F in the Schedule.

   (2) The certificate of real right referred to in section 27(6) of the Act shall be in the form of Form G in the Schedule, and shall be accompanied by the written consent of all the members of the body corporate and of every holder of a bond over a unit in the scheme.

   (3) The certificate of real right referred to in section 13(1)(f) of the Act shall be in the form of Form H in the Schedule.

13.   Amendment, etc, of registered sectional plan

   (1) The provisions of subregulation (4) shall apply mutatis mutandis to a sectional plan which is to be substituted for a registered sectional plan.

   (2) The Registrar shall forward a copy of the sectional plan which is substituted for a registered sectional plan to the local authority concerned.

   (3) Whenever the Registrar amends the relative sectional title deed as required by section 15(5) of the Act, he shall endorse thereon that the amendment has been effected in accordance with an alteration, amendment or substitution of the registered sectional plan.

   (4) Whenever the registration of a sectional plan is cancelled on the application of the developer in terms of section 15(6) of the Act, the Registrar shall make the necessary endorsement on-

   (a)   each of the relevant sectional title deeds;

   (b)   the titles to any real right, with the exclusion of mineral rights; and

   (c)   on the schedule referred to in section 12(3)(b) of the Act.

   (5)(a) Whenever the registration of a sectional plan is cancelled, the Registrar shall make the alterations, amendments, endorsements and entries in the relevant land register and records which are necessary to effect the reversion of the land to the land register.

   (b) Any entry referred to in paragraph (a) shall contain a reference to the number of the relevant sectional plan.

   (6) Whenever the registration of a sectional plan is cancelled, the Registrar shall, if a certificate of registered title referred to in section 15(7) of the Act is not issued by him, revive the developer's title deed of the land referred to in section 12(3)(c) of the Act by making an appropriate endorsement on the title deed under his signature and date.

14.   Registration of transfer of ownership and other rights

   (1) The deed of transfer referred to in section 18(1) of the Act shall be in the form of Form I in the Schedule.

   (2) An application referred to in section 18(5) of the Act shall be in the form of Form J in the Schedule.

   (3) A certificate of registered sectional title referred to in section 18(5) of the Act shall be in the form of Form K in the Schedule.

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