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Sectional Titles Act, 1986 (Act No. 95 of 1986)

Part IV : Subdivision, Consolidation and Extension of Sections

24. Extension of sections

 

(1) [Section 24(1) deleted by section 17(a) of Act No. 44 of 1997]

 

(2) [Section 24(2) deleted by section 17(a) of Act No. 44 of 1997]

 

(3) If an owner of a section proposes to extend the boundaries or floor area of his or her section, he or she shall if authorised in terms of section 5(1)(h) of the Sectional Titles Schemes Management Act, cause the land surveyor or architect concerned to submit a draft sectional plan of extension to the Surveyor-General for approval.

[Section 24(3) substituted by section 8 of the Schedule of Act No. 8 of 2011]

 

(3A) The provisions of subsection (3) apply with the necessary changes where a developer, prior to the establishment of a body corporate, intends to extend the boundaries or floor area of his or her section.

[Section 24(3A) inserted by section 10(a) of Sectional Titles Amendment Act, Notice No. 1545, GG47830, dated 5 January 2023 - effective 5 January 2023]

 

(4) The submission of the draft sectional plan of extension of a section to the Surveyor-General, shall be accompanied by—
(a) the documents referred to in section 7(2), suitably adjusted; and

[Section 24(4)(a) substituted by section 17(c) of Act No. 44 of 1997]

(b) in the case of the floor area of the section in question being increased by the extension, a revised schedule in substitution for the schedule referred to in section 5(3)(g), reflecting the participation quotas of all the sections as modified after taking the increased floor area of the section in question into account.

[Section 24(4)(b) substituted by section 7(a) of Act No. 11 of 2010]

 

(5) The provisions of section 7(3) and (4) shall apply mutatis mutandis to the preparation and submission of a draft sectional plan of extension of a section to the Surveyor-General, and to the approval of such plan by him.

 

(6) An application to the registrar for the registration of a sectional plan of extension of a section, shall be accompanied by—
(a) two copies of the sectional plan of extension of a section;

[Section 24(6)(a) substituted by section 14(a) of Act No. 63 of 1991]

(b) [Section 24(6)(b) deleted by section 5(b) of Act No. 29 of 2003];
(c) the sectional title deed in respect of the section to be extended;

[Section 24(6)(c) substituted by section 14(b) of Act No. 63 of 1991]

(d) any sectional mortgage bond to which the section may be subject, together with—
(i) a certificate by a land surveyor or architect stating that there is not a deviation of more than 10 per cent in the participation quota of the relevant section as a result of the extension; or
(ii) if there is a deviation of more than 10 per cent, a certificate by a conveyancer stating that the mortgagee of each section in the scheme has consented to the registration of the sectional plan of extension of that section;

[Section 24(6)(d) substituted by section 7(d) of Act No. 11 of 2010]

(dA) any lease or other deed embodying any other real right registered against the section at the time of extension, if available: Provided that where the lease or other deed embodying the real right is not available, an affidavit must be submitted by the owner or developer, as the case may be, to the effect that the lease or other deed is not available, whereupon the registrar must endorse the deeds registry duplicate thereof, and, if the original lease or other deed is at any time lodged with the registrar, he or she must make a similar endorsement thereon; and

[Section 24(6)(dA) inserted by section 10(b) of Sectional Titles Amendment Act, 2022, Notice No. 1545, GG47830, dated 5 January 2023 - effective 5 January 2023]

(e) such other documents and particulars as may be prescribed.

 

(6A) The applicant must, if there is a deviation of more than 10 per cent as a result of the extension, send a notice by registered post to each mortgagee or where a mortgagee is a financial institution, to its headquarters, giving details of—
(a) the mortgage bond;
(b) the mortgagor and the reference number of the mortgage loan (if any);
(c) the proposed extension in relation to its size and location; and
(d) the impact on the security of such mortgagee as to the diminution of the participation quota allocated to the mortgaged unit:

Provided that if a response to the notice is not received by the applicant within 30 days of the date of the posting of the notice by registered post, it shall be deemed that the mortgagee does not have any objection to the proposed extension and that the mortgagee consents thereto.

[Section 24(6A) inserted by section 7(c) of Act No. 11 of 2010]

 

(6AA)

(a) Where an application as contemplated in subsection (6) is made by a developer, such application must also be accompanied by an affidavit by such developer to the effect that at the date of the application, no unit in the scheme has been sold, donated or exchanged, or if a unit was so alienated but not yet registered in the name of the acquirer, the developer had disclosed in writing to the acquirer thereof that application has been made for the registration of the sectional plan of extension of the relevant section.
(b) A deed of alienation in which the extension has not been disclosed, shall be voidable at the option of the acquirer.

[Section 24(6AA) inserted by section 10(c) of Sectional Titles Amendment Act, 2022, Notice No. 1545, GG47830, dated 5 January 2023 - effective 5 January 2023]

 

(7) When the requirements of this section and of any other relevant law have been complied with, the registrar shall register the sectional plan of extension of a section, and shall make an appropriate endorsement on the title referred to in subsection (6)(c), if the floor area of the section is increased by the extension, and such consequential endorsements against any deed registered against the title deed as may be necessary, and he shall furnish a copy of the sectional plan of extension to the local authority concerned and notify the Surveyor-General of the registration of the sectional plan of extension, and thereupon the Surveyor-General shall amend the original sectional plan and the deeds office copy of the sectional plan to reflect such extension of a section.

[Section 24(7) substituted by section 14(c) of Act No. 63 of 1991]

 

(8) A sectional plan of extension of a section shall upon the registration thereof be deemed to be incorporated in the sectional plan registered in terms of section 12(1)(a), and the provisions of section 13(2) shall apply mutatis mutandis to such plan.