Sectional Titles Amendment Act

Link to law: http://www.gov.za/documents/sectional-titles-amendment-act-5
Published: 2010-12-07

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Sectional Titles Amendment Act 11 of 2010
Please note that most Acts are published in English and another South African official language. Currently we only have capacity to publish the English versions.
This means that this document will only contain even numbered pages as the other language is printed on uneven numbered pages.


Government Gazette
REPUBLIC OF SOUTH AFRICA

Vol. 546 Cape Town 7 December 2010 No. 33849
THE PRESIDENCY No. 1172 7 December 2010
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
No. 11 of 2010: Sectional Titles Amendment Act, 2010.





















2 No. 33849
Act No. 11 of 2010
GOVERNMENT GAZETTE, 7 DECEMBER 2010
SECTIONAL TITLES AMENDMENT ACT, 2010
GENERAL EXPLANATORY NOTE:
Words in bold type in square brackets indicate omissions from existing enactments.
Words underlined with a solid line indicate insertions in existing enactments.
(English text signed by the President.) (Assented to 3 December 20/0,)
ACT To amend the Sectional Titles Act, 1986, so as to amend certain definitions; to redefine the boundaries hetween certain sections and common property; to regulate the substitution of bonds registered in respect of different pieces of land shown on the sectional plan; to provide for the issuing of certificates of real rights of extension and certificates of real rights of exclusive use areas at the opening of a sectional title register; to provide for the issuing of more than one certificate of real rights of extension and more than one certificate of real rights of exclusive use areas; to further regulate the cancellation of registered sectional plans; to provide for the issuing of a certificate of registered sectional title in respect of a fraction of an undivided share in a section; to provide for a notice to a mortgagee for consent to proposed extensions to a section in a scheme; to provide for the extension of a scheme by the addition of rights to exclusive use areas only; to provide for a right of extension of a scheme in respect of a building or buildings that already exist; to provide for the deletion of a provision pertaining to certain administrative expenses payable by a developer; to provide for the deletion of a superfluous reference to urban immovable property; to provide for the production of a certificate by a conveyancer regarding the payment of moneys in respect of the cession of real rights; to provide for a cession of real rights to exclusive use areas within a specific time for the benefit of owners of sections; to further provide for the vesting of rights to exclusive use areas where an owner ceases to be a member of a body corporate; to provide for the cancellation ofexclusive use area rights with the written consent of the mortgagee and holder of a registered real right; to further provide for the regulation of consent of bondholders for the registration of servitudes; to provide for the payment of certain contributions by a developer towards the defrayal of certain rates and taxes and the maintenance of common property; to further provide for liability for payment of contributions where ownership in units changes; to provide for the levying of special contributions by the trustees of a body corporate; to provide for the use of exclusive use areas for purposes depicted on the registered sectional plan only; to substitute obsolete references; to delete and amend certain incompatible provisions no longer applicable; and to provide for matters connected therewith.
BE IT ENACTED by the Parliament of the Republic of South Africa, asfollows,-






























4 No. J3849
Act No. 11 of 2010
GOVERNMENT GAZETTE. 7 DECEMBER 2010
SECTIONAL TITLES AMENDMENT ACT, 2010
Amendment of section 1 of Act 95 of 1986, as amended by section 1 of Act 63 of 1991, section 1 of Act 7 of 1992, section 1 of Act 15 of 1993, section 1 of Act 44 of t997, Proclamation R9 of 31 January 1997; section 1 of Act 29 of 2003, section 10f Act 7 of 2005 and section 1 of Act 6 of 2006
I. Scction I of thc Sectional Titles Act, 1986 (Act No. 95 of 1986) (hereinafter 5 referred to as the principal Act), is hereby amended-
(a) by the substitution in subsection (1) for paragraph (a) of thc definition of '''developer'' of the following paragraph:
"(a) 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 10 acting on behalf of any of them; and";
(h) by the substitution in subsection (1) for the definition of "Minister" of the following definition:
" 'Minister' " means the Ministcr of [Land Affairs] Rural Develop- ment and Land Reform;"; 15
(e) by the substitution in subsection (I) for paragraph (0) of the dcfinition of "owner" of the following paragraph:
"(a) immovable property, subject to paragraph (h), the person registered as owner or holder thereof and includes the trustee in an insolvent estate, [a liquidator or trustee elected or appointed in terms of 20 the Agricultural Credit Act, 1966 (Act 28 of 1966),] the liquidator of a company or close corporation which is an owner, and thc executor of an owner who has died, or the representative, recognised by law, of an owner who is a minor or of unsound mind or is otherwise under a disability, if such trustee, liquidator, 25 executor or representative is acting within the scope of his or her authority;"; and
(d) by the substitution for subsection (3A) of the following subsection: "(3A) If a body corporate is unable to obtain a unanimous resolution,
it may [subject to] notwithstanding the provisions of subsection (3)(e), 30 approach the court for relief.".
Amendment of section 5 of Act 95 of 1986, as amended by section 3 of Act 63 of 1991, section 11 of Act 7 of 1992 and section 5 of Act 6 of 2006
2. Section 5 of the principal Act is hereby amended by the substitution in subsection (5) for paragraph (0) of the following paragraph: 35
"(a) by reference to the floors, walls and ccilings thereof, or as may be prescribed, Provided that any window, door or other structure which divides a section from another section or from common property. shall be considered to form part of such floor, wall or ceiling; and".
Amendment of section 11 of Act 95 of 1986, as amended by section 5 of Act 63 of 40 1991, section 3 of Act 7 of 1992 and sectiou 7 of Act 44 of 1997
3. Section 11 of the principal Act is hcrcby amended- (0) by the substitution in subsection (3) for paragraph (d) of thc following
paragraph: "(d) any mortgage bond to which the land may be subject. together with 45
the consent of the mortgagee to the opening of the sectional title register and to the endorsement of such bond to the effect that it attaches t