Sectional title, as a form of ownership as per the sectional titles act no. The landlords details full names physical address postal address email address fax no. Body corporate of the sectional title scheme seascapes v. While the csos act covers all community schemes, sectional title stakeholders must also consider the sectional title schemes management stsma, where recent amendments have. 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. Sectional titles schemes management act 8 of 2011 with effect from 7 october 2016. Constitution of the republic of south africa, 1996 act no.
Sectional title schemes management act no 8 of 2011. Articles, sectional title 0 comments till now, there has not been a cost effective dispute resolution mechanism for any type of a dispute that arises in sectional title or other community schemes that does not involve expensive legal costs. Sectional titles act 95 of 1986 south african geomatics. The new regulations you need to know surrounding sectional. 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.
As of 29 th november 2008, the sectional title act has been amended, wherein prescribed management rule 29 4. Is there a difference between commercial and residential sectional title. Exemption from provisions of act and from payment of fees in. New sectional title act explained home owners, advice. The sectional title industry has been a part of the property landscape in south africa for almost half a century, and plays a significant role in addressing the housing problem in the country. Registration of sectional plans and opening of sectional title registers. 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. The new sectional title legislation some noteworthy features of the tricky trio july 23rd, 2015. A lot of first entry owners bought into sectional title schemes. Constitution of the republic of south africa, 1996 act 108 of 1996, exercising jurisdiction in the area in which the land is situated. Sections 1, 15, 26 and 36 amended by sectional titles amendment act 6 of 2006 from 25 july 2006. Sections 1, 24, 25, 27, 36, 47 amended by sectional titles amendment act 7 of 2005 from july 2005.
New sectional title act explained 16 oct 2012 in mid2011 it was announced that two new acts affecting sectional title and community schemes in south africa had been signed by the president and were expected to become operational by the end of the same year. Sale and purchase the property is hereby bought and sold subject. Sectional titles schemes management act, 2011 act no 8 of 2011. In south africa, there are currently no limits as to how many owners one proxy can represent at a general meeting. Sectional titles schemes management advisory council. The amendments deal mostly with registration aspects, but include some amendments to the standard management rules. Sectional titles play an important role in addressing this challenge, which is a high priority problem in the country. The sectional titles schemes management act 8 of 2011 aims. The act allows some rules to be changed, providing none of the changes go against the spirit of the act. Sectional titles schemes management act, 8 of 2011 and sectional. Procedure for making regulations transitional arrangements 110. Be it enacted by the parliament of the republic of south africa, as follows. Titles act 95 of 1986 the act, sectional title schemes management act 8 of 2011 the stsma, its regulations and the prescribed management rules pmr, sectional titles amendment act no. Protection of personal information act, 20 11 act no.
Sectional titles schemes management act 8 of 2011 south african. 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. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. 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. Maintenance of common property in sectional title schemes. There is a owner in the complex that have been involved with narcotics for many years to the extend that criminal activities have been threating the safety of the owners. Sectional titles schemes management act trafalgar property. Sectional titles act and prescribed rules chas everitt. These schemes fall under the control of the sectional titles act, which came into effect on 1 june 1988.
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. Much of this information will require professional assistance and will come at a cost, which certain schemes will not be able to afford. Property ownership sectional title versus share block. Understanding sectional title who or what is the body corporate. Minutes of a meeting of the members of the body corporate of the sectional title scheme seascapes still to be established at which meeting the following special resolution had been passed in terms of section 29 read together with the definition of special resolution in section 1. 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. This article discusses the law regulating sectional title schemes and how same should be run before one buys into such a scheme. Recently, video and podcast material has been added to the site, including indepth video interviews with some of south africas leading opinion makers. Many securityminded south african homeowners have taken to living in sectional title homes due to the certain level of safety that this type of property provides. When these laws were drawn up the south african economy was in better shape than it is now. Heres how south africas new cannabis laws apply to.
Sectional titles amendment act 7 of 2005 sectional titles amendment act 6 of 2006. Pdf risk in the south african sectional title industry. A sectional title development scheme, usually referred to as a scheme, provides for separate ownership of a property, by individuals. 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. Sectional titles act 95 of 1986 south african government. Sectional titles schemes management act, 2011 act no. Amendment of the sectional titles act, 1986 act no.
Minister means the minister of rural development and land reform. 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. The new sectional title legislation some noteworthy. Latest rule amendments under sectional titles act in south. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders.
Sectional title schemes for beginners a summary golegal. 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. View notes a guide to sectional title in south africa. Prior to the amendment of the sectional titles act 95 of 1986 sta by the act, if a ody orporate. Furthermore, legislation in this regard is often contradictory and confusing. Page 2 of 2 legal outline what the act means to you, whether you own a sectional title unit or a property in an estatecomplex. A guide to secti o n a l title i n south africa this guide was produced by the centre for. Standard residential property lease for sectional title share block the schedule please complete the following. In a sectional title development, however, where neighbours live in close proximity to each other, that can be complex concept, she said.
The above mentioned owner is a drug addict and her behaviour is known by all to be of. Sectional title centre is a hub of information about sectional titles in south africa. Very little research has so far been done on the south african sectional title industry from an accounting and auditing perspective. Property ownership sectional title versus share block prior to the inception of the sectional titles act in 1971, which has since been replaced by the sectional titles act 95. It is expected that the project will be led by an attorney. Sections 1, 4, 7, 17, 24 to 27 and 37 amended by sectional titles amendment act 29 of. The sectional title scheme of which the property forms part. Is there a difference between commercial and residential.