Legal Articles

To fully understand what we are dealing with when talking about making alterations to sections in a sectional title scheme, we first have to find out what a sectional title is.

A sectional title is the separate ownership of units or sections within a development or complex.

A sectional unit scheme consists of individual sections and the common property, whereas a sectional title unit consists of a section of a building with an undivided share of common property.

Common property refers to but not limited to the pool, garden, braai facilities, the drive way, the parking bay, the roofs of the buildings and the outer walls. It is the common ground that is not owned by a specific person that lives in the complex.

Making alterations to sections in a sectional title scheme

The number one mistake new owners of a sectional title unit make is starting alterations and renovations without the prior consent of the trustees of the body corporate and the local municipality, especially if the alterations involve any major building work. 

If the owner of a sectional title unit wants electrical work done he or she has to make use of a qualified electrician and a compliance certificate must be obtained. 

The same goes for any plumbing work, but a plumber’s compliance certificate has to be issued on completion of the job, depending on the scheme and province, as some municipalities have different rules and regulations.

Asking for consent is important, because damage can be done to other units while you are renovating.

That is why it is important for the owners to read the conduct rules of the scheme - which is normally filled with the Deeds office and should be an addendum to the Deed of Sale. 

Another common problem that arises from alterations in a sectional title scheme, can be noise, dirt, delivery of building materials which can cause a high level of theft as the material would just be standing there.

Van Deventer and Van Deventer Incorporated

Before you start making alterations to your sections, ensure that you have followed the correct legal steps.

For legal advice on alterations to your section, contact us at Van Deventer & Van Deventer Incorporated on [email protected] or on 087 357 8811.