Author: Tasneem Lodewyk
If the idea of an exquisite patio, luscious garden, nifty storage room or the mere idea of an additional room enlivens you, consider extending your section but remember to adhere to the following procedures as envisaged in the Sectional Titles Act 95 of 1986.
In order to extend the boundaries and/or floor area of a section, the owner must obtain approval by the Body Corporate, authorised by special resolution of all owners; the consent of at least 75% of members must be obtained in order to proceed. Why you may ask? As the body corporate (made up of all owners) have a common interest in the sectional scheme and your possible addition could impact their participation quota (their share percentage of floor ownership registered against their title deed at the Deeds Office).
The owner must then proceed to submit through a land surveyor or architect the draft sectional plan of extension of the section as well as an addendum reflecting the affected participations quotas, to the Surveyor General for approval. Once the aforementioned is approved, registration thereof may take place.
In the event that the extension of the section causes a deviation of more than 10% in the participation quota, notice must be sent to each mortgagee in the sectional title scheme. Yes, even if your section is not mortgaged however your neighbour’s is. The conveyancer herein shall provide a certificate confirming that each mortgagee has consented to the registration of the sectional plan of extension.
If the deviation is less than 10%, the land surveyor or architect shall provide a certificate confirming that the deviation is not more than 10% therefore mortgagees are not required to consent thereto. The existing title deed shall be endorsed accordingly reflecting that the floor area has been increased.