Owners of sectional title units are permitted to extend the boundaries of their unit’s floor area either laterally or vertically, i.e. by creating a wine cellar below ground or an additional floor above an existing area in the form of a loft area.[1] Adding an extra floor either below ground or above an existing floor means that the boundaries and floor area of the sectional title unit is extended.[2]
The owner of a sectional title unit may only extend their unit if they comply with the three requirements.
Firstly, the owner must obtain the approval of the body corporate of a sectional title scheme through a special resolution.[3] A special resolution requires that 75% of the votes of the body corporate are in favour of a resolution.[4] The application must include the approved municipal building plans of the extension.[5]
Furthermore, the body corporate will include certain conditions for the extension of the sectional title unit.[6] Such conditions may include a time frame for completing the extension, security measures, standard of the contractors, rubble removal, the use of common property, nuisance issues and payment of the body corporate for restoring the common property and complying with the approved municipal building plans.[7] If the owner or their contractor breach the conditions imposed by the body corporate then the body corporate will be able to take appropriate action.
The second and third requirement is that the draft sectional plan must be drafted by either an architect or land surveyor which is then submitted to the Surveyor-General for approval.[8]
A participation quota of a unit is determined by dividing the floor area of a unit by the total floor area of all the units in the buildings of the sectional title scheme.
If the extension of the sectional title unit results in a deviation of more than 10% of the participation quota of a unit then the mortgagee of each unit must consent to registering the extension of the unit.[9]
The registrar of deeds must always register an extension of a sectional title unit, whether the extension results in less than a deviation of 10% or a deviation of more than 10%.[10]
All building work is to be carried out in accordance with the approvals obtained.
[1] The Law of South Africa, 2nd eds, vol 24 (Lexis Nexis) at 305; s24(3) of the Sectional Titles Act 95 of 1986
[2] The Law of South Africa (n 1) 305
[3] Ibid
[4] Section 1 of Act 8 of 2011
[5] The Law of South Africa (n 1) 305
[6] Ibid
[7] Ibid
[8] Section 24(3) of the Sectional Titles Act 95 of 1986; The Law of South Africa (n 1) at 305
[9] Section 25(6), (7) and 24(7) of Act 95 of 1986
[10] Section 25(11) of Act 95 of 1986
