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

Part II : Development Schemes, Sectional Plans And Sectional Title Registers

7. Approval of draft sectional plans by Surveyor-General

 

(1) When a draft sectional plan is submitted in terms of section 4, the land surveyor or architect concerned shall on behalf of the developer submit to the Surveyor-General, for his or her approval, the prescribed number of copies of the draft sectional plan.

[Section 7(1) substituted by section 3(a) of Act No. 44 of 1997]

 

(2) The submission of the draft sectional plan to the Surveyor-General shall be accompanied by—
(a) a certificate issued by an architect or a land surveyor stating that the proposed division into sections and common property is not contrary to any operative town planning scheme, statutory plan or conditions subject to which a development was approved in terms of any law that may affect the development;

[Section 7(2)(a) substituted by section 3(a) of Act No. 29 of 2003]

(b) where applicable, a certificate issued by a local authority in terms of section 4(5);
(c) [Section 7(2)(c) deleted by section 3(b) of Act No. 29 of 2003]
(d) [Section 7(2)(d) deleted by section 3(b) of Act No. 29 of 2003]
(e) if section 4(3) applies to the scheme—
(i) an affidavit by the developer stating that that section has been complied with;
(ii) a copy of the notice referred to in section 4(3)(a)(i) and the certificate referred to in section 4(3)(a)(ii); and
(iii) where applicable, a certificate from a conveyancer in terms of the proviso to section 4(3);
(f) if section 4(3) does not apply to the scheme, an affidavit by the developer to that effect.

[Section 7(2) substituted by section 3(b) of Act No. 44 of 1997]

 

(2A) The Surveyor-General shall not be responsible for investigating the correctness or accuracy of any document submitted to him or her in terms of subsection (2) or sections 21, 24 or 25.

[Section 7(2A) inserted by section 3(c) of Act No. 44 of 1997]

 

(3) The manner of submission of the draft sectional plan and of all other documents to the Surveyor-General, shall be as prescribed.

 

(4) A Surveyor-General shall not approve a draft sectional plan, unless the applicable documents have been submitted to him or her in terms of subsection (2) and such plan has been prepared in accordance with this Act.

[Section 7(4) substituted by section 3(d) of Act No. 44 of 1997]

 

(5) [Section 7(5) deleted by section 4(b) of Act No. 63 of 1991]