Property Law and Sectional Title

 

 

This depends on how much the PQ changes:

  • If the PQ deviation is 10% or less: You generally only need a certificate from your land surveyor or architect confirming this for the Deeds Office registration. If only your unit is bonded, your bond just needs to be lodged for endorsement. 
  • If the PQ deviation is more than 10%: Yes. You need the consent of the mortgagee (bondholder) for every section in the scheme that has a mortgage bond registered over it. There's a specific notification process outlined in Section 24(6A) of the STA. Obtaining these consents can take time.

Yes, absolutely. You cannot simply start building. You need formal permission from both the Body Corporate of your scheme and usually the local Municipality.

Because the PQ is based on the floor area of your section relative to the total floor area of all sections, increasing your floor area increases your PQ. Consequently, the PQs of all other sections in the scheme decrease slightly. This means your share of the levies will increase, and your voting weight (when calculated according to PQ) will also increase.

Yes, it can be lengthy and costly. It involves fees for professionals (architect/surveyor, conveyancer), municipal plan submission fees, Surveyor-General fees, Deeds Office fees, and potentially costs associated with calling a Special General Meeting. The step involving mortgagee consents (if needed) can significantly add to the timeline. It's best to start the process well in advance

Ask the seller or estate agent for proof that the extension was done legally. This includes:

  • Approved municipal building plans.
  • Proof of the Body Corporate's special resolution.
  • Confirmation that the scheme's sectional plans have been amended by a land surveyor, approved by the Surveyor-General, and registered at the Deeds Office, reflecting the unit's current size. Compare the physical size to the registered size on the Title Deed or official plans.
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Extending Your Sectional Title Unit - What You Need to Know by VDM Attorneys

Dreaming of more space in your sectional title unit? Expanding your property within a sectional title scheme is possible, but it involves a specific legal process. VDM Attorneys provides this guide to help you understand the key steps and considerations before you start any building work.

The legal definition of an Extension of a Section in sectional title in South African law, as outlined in the Sectional Titles Act 95 of 1986 and further regulated by the Sectional Titles Schemes Management Act 8 of 2011, refers to the process by which a registered owner of a section in a sectional title scheme increases the boundaries or the floor area of their existing section.

Why is Extending a Section Legally Complex?

Unlike freehold properties, extending a sectional title unit affects the entire scheme because:

  • Participation Quotas (PQ) Your section's PQ (its percentage share of ownership in the common property, influencing levies and voting rights) will increase. This proportionally decreases the PQs of all other sections.
  • Common Property Extensions often involve enclosing or building onto areas previously considered common property, requiring collective owner approval.
  • Other Owners' Rights The body corporate must ensure extensions don't impair building stability or unreasonably interfere with other owners' use and enjoyment of their sections or the common property.
     

The Essential Legal Steps for Extending Your Section (Section 24)

If you wish to extend the boundaries or floor area of your section, the STA mandates the following steps:

1. Obtain Body Corporate Approval (Special Resolution)

  • You must formally apply to the body corporate for permission.
  • This requires a Special Resolution, meaning approval from members entitled to vote holding at least 75% of the total PQ, and passed by at least 75% (in number and value) of the members present or represented at a properly convened general meeting. Alternatively, written agreement from members holding at least 75% (in number and value) of all votes is needed.
  • The body corporate may impose conditions or refuse the request. They often require proof of municipal plan approval before the special resolution meeting.

2. Prepare and Approve Amended Sectional Plans

  • You must appoint a professional land surveyor or architect to draft an amending sectional plan showing the extension.
  • This draft plan, along with necessary certifications (e.g., compliance with town planning schemes), must be submitted to the Surveyor-General for examination and approval.
  • The plan must include an adjusted schedule detailing the new PQs for all sections in the scheme.

3. Address Mortgagee Consent (If Applicable)

  • The impact on the section's PQ dictates the requirements for bondholder consent:
    • Deviation ≤ 10%: If the extension causes your section's PQ to deviate by 10% or less from its original PQ, only a certificate from the land surveyor or architect confirming this is needed for the Deeds Office. If only your section is bonded, the bond must simply be lodged for endorsement.
    • Deviation > 10%: If the deviation exceeds 10%, the process is more complex. A conveyancer's certificate is required, confirming that the mortgagee (bondholder) of every bonded section within the scheme has consented.
    • Obtaining Consent (>10% Deviation - Section 24(6A)): To get these consents, the owner must notify each mortgagee (usually via registered post to their head office) with specific details of the proposed extension, its impact, the PQ changes, and relevant bond/mortgagor details. If a mortgagee doesn't object within 30 days of posting the notice, their consent is deemed to have been given. This can be a time-consuming step.

4. Register the Extension at the Deeds Office

  • Once the Surveyor-General approves the plan and any necessary mortgagee consents are addressed, you (typically via a conveyancer) must apply to the Registrar of Deeds to register the sectional plan of extension.
  • The application (prescribed Form O) must include:
    • Two copies of the Surveyor-General-approved sectional plan of extension.
    • The original Sectional Title Deed of your section.
    • Any mortgage bond registered over your section.
    • If other sections are bonded: The surveyor/architect certificate (≤10% PQ deviation) OR the conveyancer's certificate regarding mortgagee consents (>10% PQ deviation).
    • A Transfer Duty receipt reflecting the new extent (though a rates clearance certificate is generally not required for the extension itself).
  • The Registrar examines the documents, registers the plan if compliant, endorses your title deed to reflect the extension and new floor area, and notifies the Surveyor-General and local authority. The registered extension plan is then deemed part of the scheme's official sectional plans.

Practical Considerations

Beyond the core STA requirements, remember:

  • Municipal Plans You almost certainly need approved building plans from the local municipality before construction. As mentioned, the body corporate often requires these before granting their approval.
  • Certificate of Occupancy After construction, obtain an Occupancy Certificate from the municipality and provide it to the body corporate for insurance purposes.
  • Trustee Liaison While formal approval is via special resolution, engaging with the trustees early (often via the managing agent) is a practical first step.

Warning - Ensure Compliance!

Extending a section correctly is a detailed, potentially lengthy, and costly process involving surveyors, architects, conveyancers, the body corporate, municipality, Surveyor-General, and Deeds Office. Failing to complete all steps, especially the final plan registration and title deed endorsement, means the extension is not legally recognised. This can lead to:

  • Incorrect levy calculations (as PQs aren't updated).
  • Difficulties selling the unit later.
  • Bond applications being refused due to scheme non-compliance.
  • Potential legal action from the body corporate or other owners.
  • Prospective Buyers: If buying a sectional title unit that appears to have been altered or extended, insist on proof that the extension was done legally and the sectional plans were properly amended and registered.

Find Assistance with VDM Attorneys?

Navigating the legal requirements for extending a sectional title unit requires careful attention to detail. If you are considering an extension or have discovered a potentially non-compliant past extension, contact VDM Attorneys. Our property law experts can guide you through the process, ensure compliance, and protect your interests.