Latest rule amendments under sectional titles act deal mostly with registration aspects, but include some amendments to the standard management rules property management, property rentals and property financial services in south africa. Amendments to regulations of the sectional titles schemes management act of 2011, as published on 7 october 2016. Similarly, a board of trustees is elected to assist with the running of the scheme. Section 25 of the act now allows sectional title schemes to be extended by adding exclusive use areas only.
Apr 20, 2017 this is what these mean to you as a sectional title owner. Basic understanding of sectional title often the only common factor of a sectional title lifestyle is ownership of a unit in the scheme in which they live. Sectional titles act, 1986, and the registration of the attached sectional plan in terms of the provisions of section 12 1 a of the aforesaid act, in respect of the scheme known as sg. Sectional titles schemes management act, 2011 act no. Be it enacted by the parliament of the republic of south africa, as follows.
Latest rule amendments under sectional titles act in south. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. When you buy a property thats part of a scheme, you own the inside of the property i. Some of the managing agents are interpreting the amendment to mean that the seller has to pay all levies which are due up to the financial year end. Amendment of sectional titles act the sectional titles act has recently been amended. Sectional titles act, 95 of 1986 4 1 definitions 4 part i introductory provisions, sections 23 7 2 ownership and real rights in or over parts of buildings, and registration of title to ownership or other real rights in or over such parts 7 3 application of deeds registries act, reproduction of documents, and units deemed to be land 8. When the sectional titles act 66 of 1971 came into effect, south african law had, for the first time, recognised the concept of vertical ownership of land, land previously having been measured only on a horizontal plane in accordance with roman law principles. Recently, video and podcast material has been added to the site, including indepth video interviews with some of south africa s leading opinion makers. Introductory programme in sectional titles management. See how the new sectional title regulations affect you. Furthermore a developer can now agree with the body corporate, if authorised by unanimous resolution, to the further extension of the period of extension of the scheme. With acts you are guaranteed the latest and most up to date resource for your legislative needs. Levy collection in light of the sectional titles act. In south africa, many people live in blocks of flats or complexes that are governed by the sectional titles act 95 of 1986 and the more recent sectional titles.
Everything you need to know about levies in sectional title. Sectional titles schemes management act 8 of 2011 with effect from 7 october 2016. The book is a tribute to the late bob gauld, doyen of sectional title in south africa, and mentor to the authors. Judicial hammer table of contents covered in the act. In this article, i will unpack the similarities and differences between the sectional titles act 95 of 1986 the sta, the sectional titles schemes management act 8 of 2011 the stsma and the community schemes ombud service act 9 of 2011 the csosa, relating to levy collection in sectional title. Sectional title regulations there is a new sectional title schemes management act stsma, this was brought into effect on 7 october 2016. Sectional title update two new pieces of sectional title legislation were signed into law in october 2016. Constitution of the republic of south africa, 1996 act no. When creating the management and conduct rules for a sectional title scheme, due consideration should be paid to the sectional titles act 95 of 1986, the sectional titles schemes management act 8 of 2011 and the community schemes ombud act 9 of 2011. Further and in accordance with the sectional titles schemes management act, no 8 of 2011, bodies corporate are now compelled to make provision for reserve funds on a. Sectional titles schemes management act 8 of 2011 south.
Jul 24, 2017 dealing with smoke and smell disputes in sectional title schemes. Sectional title centre is a hub of information about sectional titles in south africa. A new paragraph ba has been inserted in section 371 of the act. The course, which runs from february to november, costs r25 000. These schemes fall under the control of the sectional titles act, which came into effect on 1 june 1988. Marina is a director of bbm attorneys, a specialist sectional title attorney, and is a well known speaker and qualified arbitrator. Polity offers free access to south african legislation, policy documents and daily political news.
Pdf a guide to sectional title in south africa michael. With most sectional title schemes nearing the end of their financial year many run from the 1 march to the last day of february, the need arises to go through budgets very carefully for the year ahead and to determine the increase in levies with allowance given to the new requirements as set out in the sectional title schemes management act, which came into effect on 7 th october 2016. The new sectional title legislation some noteworthy. Accordingly, there are at present three laws which regulate your ownership of your sectional title unit and the management of the sectional title scheme, namely. Sectional titles act 95 of 1986 south african geomatics. Latest rule amendments a range of amendments to the regulations under the sectional titles act was published on 14th march, coming into effect on 14th april. Sectional titles schemes management advisory council. The sectional titles schemes management act 8 of 2011 aims. Sectional titles act introduction to sectional titles.
Nov 08, 2016 many cashstrapped south africans are already struggling with spiralling consumer inflation and shrinking budgets, but scores of sectional title property owners are now also faced with hefty levy hikes if their body corporates havent made provision for the requirements of new legislation gazetted in october. The purpose of the sectional titles schemes management stsm act, no 8 of 2011 is to provide for the establishment of bodies corporate to manage and regulate sections and common property in sectional titles schemes and, for that purpose, to apply rules applicable to such schemes and a sectional titles schemes management advisory council. Explanatory summary of the sectional titles schemes. A sectional title development scheme, usually referred to as a scheme, provides for separate ownership of a property, by individuals. The sectional titles schemes management stsm act, no 8 of 2011. This guide tries to provide a brief description and.
The sectional titles schemes management act the sectional titles schemes management act 8 of 2011 the act took effect on 7 october 2016. Sectional title body corporate rules and conduct rules. The amendments deal mostly with registration aspects, but include some amendments to the standard management rules. Many cashstrapped south africans are already struggling with spiralling consumer inflation and shrinking budgets, but scores of sectional title property owners are now also faced with hefty levy hikes if their body corporates havent made provision for the requirements of new legislation gazetted in october.
Application under section 11 1 of the sectional titles act, 1986 i, the undersigned, name of developer, hereby apply to the registrar of deeds for 1. Provided that where the state acquires all the units or land held under any sectional title deed, whether by way of expropriation or otherwise, or where a local authority by. A real right of extension is the extension of a sectional title scheme by the addition of sections andor exclusive use areas. This article intends to briefly outline and deal with some of the other relevant changes applicable to sectional title schemes as imposed by the act. Sectional titles act 95 of 1986 south african government. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. Provided that where the state acquires all the units or land held under any sectional title deed, whether by way of expropriation or otherwise, or where a local authority by virtue of the provisions in any other law contained, acquires all. Different legal consequences flow from these two types of exclusive use areas. Definition of sectional title deed substituted by s. Amendments to regulations of the sectional titles act. Sectional titles while the csos act covers all community schemes, sectional title stakeholders must also consider the sectional title schemes management stsma, where recent amendments have. Amendments to regulations of the sectional titles act 1.
Sectional title schemes management act no 8 of 2011. She believes in the free flow of information as a empowerment tool. Maintenance of common property in sectional title schemes. Sectional titles schemes management act 8 of 2011 stsma. Sectional title survival manual property book paddocks.
Sa property latest amendment to the sectional title act. Section 251 of the sectional titles act the act describes a real right of extension as the right to erect, complete or include from time to time, but within a period stipulated in such. Latest rule amendments under sectional titles act in south africa. Dealing with smoke and smell disputes in sectional title. Standard residential property lease for sectional title share block the schedule please complete the following. The sectional title survival manual is a book that covers topics from the basics to the termination of a scheme for anyone involved in property management. Download the sectional titles schemes management act angor. A new provision in the sectional titles schemes management rules may help resolve conflicts arising because of smoke and smells.
While the csos act covers all community schemes, sectional title stakeholders must also consider the sectional title schemes management stsma, where recent amendments have. The landlords details full names physical address postal address email address fax no. Republic of south africa sectional titles amendment bill as proposed to by the portfolio committee on rural development and land reform the english text is the off. Practically however, the rights that the owner has in respect of the exclusive use area, are the same. Dr carryn melissa durham is one of the most highly qualified sectional title lawyers in the country ba, llb, llm and lld, carryn forms part of the paddocks private consulting division this article is published under the creative commons attribution license back to paddocks press may 2016 edition. A guide to sectional title in south africa wits university. The introductory programme in sectional title management is an online course offered through the universitys enterprises subsidiary. Amendment of the sectional titles act, 1986 act no. Whereas in the past, and more particularly in smaller sectional title schemes, owners may have elected to run their scheme informally and by agreement with fellow sectional title owners, without. In effect therefore the seller has to pay the monthly levies in advance for a period of up to 12 months. In collaborating with nama in the development of this programme, it is possible to ensure that the content of the programme addresses the special. Sectional titles act and prescribed rules chas everitt. There are many similarities between this new piece of legislation and the sectional title act of 1986.
This legislation repeated previous laws, which required a body corporate to maintain common property, essentially the land and all improvements other than the owners sections shown on the sectional plans. Sectional titles schemes management act trafalgar property. This guide was developed by seri and the centre for urbanism and built environment studies cubes based at wits university. Sectional titles amendment act, no 63 of 1991 sectional titles amendment act, no 7 of 1992 sectional titles amendment act, no 15 of 1993 regional and land affairs second general amendment act, no 170 of 1993. The new regulations you need to know surrounding sectional. The sectional titles schemes management act 8 of 2011 the act took effect on 7 october 2016. Prior to the amendment of the sectional titles act 95 of 1986 sta by the act, if a ody orporate. The law relating to sectional title schemes can be quite confusing. In accordance with rule 2411 of the rules of the national assembly the minister of human settlements gives notice of the intention to introduce into parliament the sectional titles schemes management bill, 2010 the bill during the last parliamentary session of 2010. The property consists of the following unit, comprising. Sectional title schemes management act no 8 of 2011 assented to 11 june 2011 date of commencement 7 october 2016 act to provide for the establishment of bodies corporate to manage and regulate sections and common property in sectional titles schemes and for that purpose to apply rules applicable to such schemes. Section 112 of the act makes it possible for the developer when opening the sectional title register, or later for the body corporate by special resolution, to make rules by which the liability. Sectional titles schemes management act 8 of 2011 south african. Sectional titles act, rules and regulations page 2 of 100 council council means, in relation to architects, the south african council for architects established in terms of the architects act, 1970 act 35 of 1970, and, in relation to land surveyors, the south african council for professional land surveyors and technical surveyors established in.
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