Sectional title surveys

Title page

This is the first sheet of the sectional title plans. It shows the name of the scheme, the property description, the number of buildings and sections, and references any previous sectional plans for the scheme.

Block plan

The block plan shows the layout of the entire property with the buildings in the scheme shown in solid lines. Buildings from previous phases are shown with dotted lines.

Floor plans

Floor plans show the layout of the sections within the buildings depicted at every floor level. The boundaries of the sections shown on the floor plans depict the median lines of the walls surrounding each section. Adjacent sections will thus have a common boundary.

Participation quotas

The participation quota is the area measured to the median line of the outside walls of the section. Internal walls are ignored for the purposes of the calculation. The outside half of he external walls is common property and is controlled by the Body Corporate

Vertical sections

In some instances it is necessary to show vertical sections in complex layouts.

Body Corporate

The body corporate is a body made up of all the owners in a scheme. The day to day running of the scheme is generally done by a group of trustees holding office in terms of the rules. The body corporate may also appoint managing agents to assist in the running of the affairs. Any changes to units in the scheme require the consent of the body corporate.

Exclusive use areas

Exclusive use areas are portions of the common property which are specifically allocated as a right to an owner in the scheme and are generally shown as separate sheets. The areas of the exclusive use areas are shown on the figure or are tabled.

These can be yards, parking bays, garages, rooms, stoeps and balconies. When exclusive use areas are shown on the sectional plans, they are registered against the sectional title deeds at the Deeds office, and become bondable, transferable, rights.

It is also possible to allocate exclusive use areas in terms of the management rules for the scheme. In this instance they are not transferable or bondable. However any change to the allocated right requires a unanimous decision of the body corporate, thereby giving the owner full control.

Extension to scheme

A developer can decide to phase a scheme to improve his cashflow. Phase 1 is completed and registered. In the approval of phase 1, building plans are provided to the Deeds office showing the full extent of the scheme once complete. For the subsequent phases new sectional title plans are prepared for the additional units in accordance with the building plans. The original plans are referenced on what is called an "Amending Sectional plan of extension of scheme". The new units are then added to the participation quota and all quotas are amended in accordance with the areas in a residential scheme.

Once the developers right to extension expires, this right devolves to the body corporate, who can then do extensions with the consent of the members. If no right to extend was held out, or a new extension is proposed, approved building plans of the extensions will be required.

Amendments

It is possible to extend horizontally or vertically, or both, and to subdivide and consolidate sections in an existing scheme. It is necessary to create a new sectional title plan, which references the original plans of the scheme. The amending title will reference the type of amendment, e.g. extension of section, consolidation, subdivision. It is also possible to amend the exclusive use areas in the same manner. Often where a section is extended horizontally, it is necessary to amend exclusive use areas which may abut the building because the extension encroaches over the existing exclusive use area.

Page updated

Google Sites

Report abuse