Sectional Titles Amendment Act 11 of 2010

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11 of 2010

The Sectional Titles Amendment Act 11 of 2010 aims:

  • to amend the Sectional Titles Act, 1986, so as:
    • to amend certain definitions;
    • to redefine  the  boundaries  between  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 of exclusive 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.

Commencement

7 December 2010

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