Extension of a Section in a Sectional Title Scheme

One is often confronted with questions relating to the process that needs to be followed when an owner wishes to extend his section. The most common examples of the extension of a section are where an owner encloses a common property patio, which then becomes part of the floor area of the section, or where an owner adds a mezzanine floor to his section.
If the alteration extends past the median line as shown on the sectional plan and results in extending the boundaries or floor area of the section, then the owner will have to comply with section 24 of the Sectional Titles Act 95 of 1986 (“the Act”) that deals with the extensions of sections.

These are the steps that must be followed, by the owner, in order to extend the section:

• The owner must obtain the approval of the body corporate, authorised by a special resolution. It is not uncommon for the body corporate, before giving consent by way of special resolution, to require proof that the local authority has approved the building plans.
   
• An amending sectional plan of extension showing the section extension must be drawn and approved by the Surveyor-General and registered at the Deeds Registry. The owner will therefore need to appoint a land surveyor or architect to submit a draft plan of extension to the Surveyor-General for approval. 
   
• Once the sectional plan is approved by the Surveyor General an application to the Registrar of Deeds for the registration of a sectional plan of extension of a section must be lodged and accompanied by:
   
  • two copies of the sectional plan of extension of the section; 
  • the sectional title deed of the section to be extended;
  • any sectional mortgage bond to which the section may be subject, together with a certificate by a land surveyor or architect stating that there is not a deviation of more than ten percent (10%) in the participation quota of the relevant section as a result of the extension; or if there is a deviation of more than 10%, a certificate by the conveyancer stating that the mortgagee of each section in the scheme has consented to the registration of the sectional plan of extension of that section. 
  • Transfer duty receipt for the acquisition of the common property.
     
• Where the extension of the section causes a deviation of more than 10% in the participation quota of the section, then the owner must send a notice by registered post to each mortgagee giving details of the mortgage bond; the mortgagor and the reference number of the mortgage loan (if any); the proposed extension in relation to its size and location; and the impact on the security of such mortgagee as to the diminution of the participation quota allocated to the mortgage unit. If a response, to the notice, is not received by the owner within 30 days of the posting of the notice by registered post, it shall be deemed that the mortgagee does not have any objection to the proposed extension, and that the mortgagee consents thereto.
   
• When the requirements of section 24 of the Act, and of any other relevant law have been complied with, the Registrar of Deeds must register the sectional plan of extension, and must make an appropriate endorsement on the title deed. The Registrar will allot a distinctive number to the plan.

For any queries please contact our property law division at the details below:
 

Tel: 012 425 3549