Dear Members
Kindly be advised that the Minister for Rural Development and Land Reform has published the Sectional Titles Amendment Bill 2013.
Kindly be advised that the Minister for Rural Development and Land Reform has published the Sectional Titles Amendment Bill 2013.
The Sectional Titles Act(“Act”) is the legislation that governs apartments, flats, townhouses, office blocks and other building blocks where multiple owners hold a type of property ownership. The Bill seeks to make critical amendments.
The Bill provides for the following amendments:
- The definitions of the “architect”, ‘developer” and “land surveyor”
- Provides for the cancellation of registered sectional plans in a prescribed manner
- Endorsing of title deeds to reflect amended participation quota schedules
- Regulation of the issuing of certificate of registered title in respect of an undivided share in a section
- Provides for the registration of a transfer of a part of the common property with the consent of the owners of the sections of the owners of the sections and the holders of the registered real right
- Provides for the concept of folders of registered real rights over exclusive use areas to the alienation of exclusive use area
- Provides for the cancellation of part of a section pursuit to an expropriation
- Provides for the consent of bondholders with the registration of a sectional plan of extension
- Provides for the issuing of more than one certificate of real right extension and more than one certificate of real right of exclusive use area, and matters connected therewith
The Bill refines the
Act in way which gives a lot more clarification on significant issues. It
introduces definitions which can no leave no room for a narrow interpretation
and architects duties are specified ,the current Architectural Profession Act No
44 of 2000 has been made reference to. The developers agent and or his or her
successor in title have now been included with regards to the approval of
development schemes. A Developer
has been defined as “ for the purposes of sections 4(3), 10 and
15B(3)(c) also the agent of any such person or his or her successor in title ,
or any other person acting on behalf of any of them”. A Land Surveyor has been defined as “ a
person registered as a professional land surveyor in the register prescribed in
section 7(4)(a) of the Professional Land Surveyors’ and technical Surveyors Act
No 40 of 1984 and who has met the requirements of section 5(2) of this
Act”.The land surveyors duties have also been made clear in terms of
which land surveyors have certain authority to sign a section 7(2) certificate.
There are now prescribed manners of cancellation which can be looked into. The
Bill has put procedures in place pertaining to cancellation of sectional plans,
the alienation of a portion of common property on which a real right of
extension is registered, the lodgment of title deeds for purposes of
cancellation.
Kindly find herewith a copy of the Sectional Titles Amendment Bill.
via Sapoa
