Property Law and Sectional Title

 

 

Yes, it is common and reasonable for the trustees to request a deposit. This is to cover any potential damage your contractors might cause to the common property, such as lawns, lifts, stairwells, or paving. The deposit is typically refundable after the renovation is complete, provided no damage has occurred.

Not for everything, but it's essential to know the difference. The need for approval depends entirely on the nature and scale of the work. Your first point of reference should always be your scheme's specific Management and Conduct Rules, as these can vary.

The process typically follows these steps:

  • Consult Your Rules: Read your scheme's Conduct and Management Rules to understand the specific process, restrictions, and any required building standards.
  • Submit a Written Application: Provide a detailed proposal to the trustees (usually via the managing agent). This should include plans, drawings, and specifications of the materials you intend to use. For structural work, an engineer's report will be required.
  • Await Trustee/Body Corporate Decision:
    • For minor alterations, the trustees may be able to approve the request directly.
    • For major alterations or changes to common property, the trustees will likely need to follow a more formal process which may require a resolution from the Body Corporate.
       

Generally, as long as your scheme’s rules don't state otherwise, you can proceed without approval for purely internal, cosmetic upgrades. This includes painting, retiling, re-carpeting, and replacing internal fixtures like cupboards and taps, provided this work doesn't alter the structure or plumbing/electrical infrastructure shared by the complex.

Best Practice: Even for cosmetic changes, it's courteous to inform the trustees or your neighbours if the work will generate significant noise or mess.
 

The trustees have the right to set reasonable conditions for how the renovation is carried out to minimise disruption to other residents. This often includes:

  • Working Hours: Restricting work to specific times (e.g., 8:00 AM to 5:00 PM on weekdays).
  • Rubble Removal: Dictating how and when building rubble must be removed.
  • Contractor Conduct: Requiring contractors to adhere to the scheme's rules.
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Renovations in a Sectionsal Title Scheme

Navigating Renovations in Your Sectional Title Unit

As a homeowner in a sectional title scheme, you appreciate the benefits of shared community living. When considering refreshing your living space, it's important to understand the guidelines for renovations. At VDM Attorneys, we understand you want your projects to proceed smoothly. This guide outlines what you need to know about internal renovations in your sectional title unit.

What Constitutes a "Renovation"?

In a South African Sectional Title Scheme, renovations typically involve the internal redecoration or refurbishment of your unit's existing interior. These are generally cosmetic changes that do not alter the structure or external appearance of your section, like retiling bathrooms or kitchens or repainting interior walls or installing new cupboards or sanitary ware. 

While renovations generally have fewer restrictions compared to alterations, it's important to note that even for internal cosmetic changes, you will likely still need to communicate with the Trustees and may require their permission regarding the timing and manner in which the work can be carried out. This ensures harmonious living within the scheme by managing potential disruptions to neighbours.

Key Considerations for Renovations

While internal renovations are generally less restrictive than alterations, it's vital to be aware of the following:

1. Trustee Communication and Permitted Hours:

  • Informing Trustees - Even for purely internal, cosmetic renovations, it is always best practice to inform the Body Corporate Trustees of your plans. This allows them to anticipate any potential short-term impacts on neighbours.
  • Permission for Timing - You will likely require the Trustees' permission regarding the specific timing and duration of the work. This is primarily to manage potential noise and disruption for other residents.
  • Working Hours - Most Body Corporates have established Conduct Rules specifying the permissible hours during which contractors are allowed on the premises to carry out renovation work (e.g., weekday hours, no weekends or public holidays for noisy work). Adhering to these rules is crucial to avoid disputes with neighbours and the Body Corporate.

2. Managing Disruptions and Common Property:

  • Noise and Dust - Renovations, even internal ones, can generate noise and dust. Plan to mitigate these as much as possible and communicate anticipated disruptions to your neighbours and the Body Corporate.
  • Disposal of Building Refuse - There will likely be guidelines in your scheme's rules on how building refuse and debris should be disposed of to maintain the cleanliness and order of the common property. Improper disposal can lead to fines.
  • Common Property Protection - Ensure your contractors take precautions to protect common property (e.g., hallways, elevators, gardens) from damage during the transport of materials and debris. Any damage caused will be your responsibility.

Improvements in Terms of the Sectional Titles Schemes Management Act (STSMA)

The STSMA also addresses improvements, providing further context for renovations:

1. Improvement of Your Unit:

You are generally permitted to make improvements or alterations to your section with the consent of the Body Corporate (usually via an ordinary resolution), provided the Body Corporate is satisfied that the work does not require compliance with specific building regulations (beyond general safety) and they can prescribe reasonable conditions regarding its use and appearance.

2. Improvement of Your Exclusive Use Area:

An owner with exclusive use rights over an area (e.g., a specific garden plot or parking bay) can improve that area by adding structures or making building improvements. This also requires the consent of the Body Corporate, typically via an ordinary resolution.

3. Improvements to Common Property (for Context):

While not directly about your internal unit renovations, it's useful to understand how improvements to common property are handled, as your work might indirectly affect or interact with it:

  • Reasonably Necessary Improvements - If the Body Corporate proposes alterations or improvements to the common property that are reasonably necessary, they must provide all members with at least 30 days' written notice detailing the estimated costs, how these costs will be met (including any special levies or loans), and a motivation for the proposal with accompanying drawings. If a member requests a general meeting to discuss the proposal, it must be approved by a special resolution.
  • Luxurious or Non-Necessary Improvements - For luxurious improvements to common property, a unanimous resolution (100% owner approval) is required. For non-luxurious improvements that are not reasonably necessary, a special resolution is needed if any owner requests a special general meeting to discuss the Trustees' proposal.

Conclusion - Plan Your Renovations Wisely

Even for seemingly minor internal renovations, understanding and respecting your scheme's rules and communicating with the Body Corporate Trustees is key to a smooth project. Ignoring these guidelines can lead to inconveniences for your neighbours and potential disputes.

At VDM Attorneys, we possess extensive experience in sectional title law. We are here to provide expert legal advice and assistance regarding your renovation plans, helping you navigate the scheme's rules and ensure your project proceeds without issues.

Contact VDM Attorneys today for professional and efficient service to ensure your renovation project proceeds smoothly and in full compliance with the relevant legislation and your scheme's rules.