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

Regulations

Sectional Titles Amendment Regulations, 2021

43. Examination in connection with the preparation of draft sectional plans

 

(1) The syllabus for the examination that has to be set for a land surveyor or architect, who has been required by the Chief Surveyor-General to sit for an examination in connection with the preparation of a draft sectional plan in terms of section 5(2) of the Act, shall consist of—
(a) comprehensive knowledge of all matters covered by the Act and the Regulations;
(b) knowledge of all matters relating to the registration or cancellation of real rights in land in respect of grants, transfers, leases, subdivisions, consolidations, servitudes, bonds, mineral and surface rights, national building regulations as made under the National Building Regulations and Building Standards Act, 1977 (Act No. 103 of 1977),  town planning schemes and the provisions of the Sectional Titles Schemes Management Act, 2011; and

[Regulation 43(1)(b) substituted by regulation 11(a) of Notice No. R. 427, GG 40842, dated 12 May 2017]

(c) comprehensive knowledge of all matters relating to the duties, responsibilities and professional conduct of land surveyors and architects as covered by their respective professional Acts.

[Regulation 43(1)(c) by regulation 19 of Notice No. R. 1422 dated 31 October 1997]

 

(2) There is hereby established a committee to be known as the Sectional Titles Examination Committee which shall consist of the following members appointed by the Director-General, namely:
(a) The Chief Surveyor-General who shall be Chairman of the Committee;

[Regulation 43(2)(a) substituted by regulation 19 of Notice No. R. 1422 dated 31 October 1997]

(b) one person nominated by the South African Geomatics Council; and

[Regulation 43(2)(b) substituted by regulation 11(b) of Notice No. R. 427, GG 40842, dated 12 May 2017]

(c) one person nominated by the South African Council for Architects.

 

(3) All the meetings of the Sectional Titles Examination Committee shall be held at such time and place as the Chairman of the Committee may determine.

 

(4) Two members of the Sectional Titles Examination Committee shall form a quorum for any meeting thereof.

 

(5) The Sectional Titles Examination Committee may determine the procedure at its meetings.

 

(6) A resolution of the Sectional Titles Examination Committee contained in writing and signed by at least two of the members of the committee shall be valid although no meeting was held to pass the resolution.

 

(7) The functions of the Sectional Titles Examination Committee in respect of the examinations shall be to—
(a) appoint an examiner and a moderator;
(b) make arrangements with the South African Geomatics Council and the South African Council for Architects regarding date, time, place, fees and other matters incidental to conducting such examination; and

[Regulation 43(7)(b) substituted by regulation 11(c) of Notice No. R. 427, GG 40842, dated 12 May 2017]

(c) determine pass mark and duration of paper.

 

(8) The examiner and the moderator appointed in terms of subregulation (7)(a) shall make the examination results available to the Chief Surveyor-General, and the names of the land surveyors and architects who were successful in the examination shall be placed on a register, to be maintained by the Chief Surveyor-General, comprising the names of those persons entitled to undertake sectional title work: Provided that in the event of the examiner and the moderator disagreeing with regard to the examination questions or the marking of the papers, the final decision will rest with the Chief Surveyor-General.

[Regulation 43(8) substituted by regulation 19 of Notice No. R. 1422 dated 31 October 1997]