WANT TO ALTER YOUR SECTIONAL TITLE UNIT?

Life in a sectional title complex comes with clear advantages like shared costs and a lock-up-and-go lifestyle, but on the flip side, there are certain restrictions associated with communal living, one of them is playing by the rules.

The rules about altering your sectional title property have been quite clear for many years, but it’s not uncommon to move into a unit and find out by accident that alterations were made without the owner having followed the correct procedure. This has implications for you, the new owner, and indeed, for the entire sectional title complex.

When you buy into a sectional title scheme, you are subject to the rules and regulations of the Body Corporate – their regulations are in turn governed by the Sectional Titles Act, Act 95 of 1986 and the Sectional Titles Schemes Management Act 8 of 2011. In a nutshell, says Maria Davey of Meumann White Attorneys, “your unit consists of a section as shown on the Sectional Title Plan for the Scheme, together with an undivided share in the common property.

“The boundaries of your unit or section, are the centre lines of the walls, floors and ceilings that surround it – if you want to make sure as to what parts of land and buildings fall into your section, you need to check the registered sectional plan of your complex – your Body Corporate is likely to have a copy.

What is the process if you want to add on or alter your section?

Simple answer, you cannot proceed as if you’re in a freehold home – whether it’s a hut or a patio you want to add, you need the consent of the Body Corporate first. Extensions to a unit include any alteration to your section which increases its boundaries and/or floor area.  You have to comply with a specific procedure set out in the Act before you can consider any alterations. Consent from the Body Corporate is given in one of two ways:

• the trustees hold a general meeting and members pass a special resolution to agree to your alteration. You need the consent of 75% of the owners present at the meeting, OR
• You can get that special consent by approaching all owners individually and obtaining the consent of 75% of them.If your extension is onto Common Property, even if it is your exclusive use area, you need the consent of each and every owner.

Davey explained the process thereafter: “When you have this consent, you need the plans drawn up and approved by the local authority. Thereafter, a land surveyor is appointed to draw new Sectional Title Plans of the entire scheme in which you live, to incorporate your extensions - these plans must be approved by the Surveyor General.

“When those plans are approved, you must apply for registration of the amended Sectional Title Plan in the Deeds Office. Alongside that, a transfer duty receipt needs to be lodged based on the increase in value of the property caused by your alteration. You’ll generally achieve this by obtaining two estate agent valuations of the pre and post-alteration value of the property.”

Another thing. If, according to the plan, your extension causes a deviation of more than ten percent in the participation quota of any section in the scheme, then you’ll also need to get the consent of every mortgagee of every unit in the scheme.

WHO PAYS FOR THIS PROCESS?

You do, and it can add up.

IS IT CRITICAL TO FOLLOW THIS PROCEDURE?

It is. If you don’t, you are likely to face major issues when you want to sell your unit. Your unit – or plan of your unit - won’t match up to that of the Sectional Title plan of the scheme.

You should also bear in mind that insurance covers buildings which are on the plan. Should you have extended illegally, that means areas of your home are not covered by insurance, and this increases the chances of an insurance claim not being paid out.

DO EXTENSIONS AFFECT MY LEVY?

They can do. When the new Sectional Plans are drawn there will be new Participation Quotas. Levies are calculated on the basis of the participation quota.  If each of the, say, 10 owners, in the complex have a 10 percent share, you’ll each pay a 10 percent portion of the levy. But if your property becomes 12 percent of the entire scheme, your levy needs to reflect that, just as the other nine owners should reflect a reduction.