The owner of a freehold property who wishes to do alterations or extensions to the buildings on his property, need not (as a general rule) obtain the consent of his neighbours. Such an owner simply has to submit building plans to the Municipality for approval. Once the plans have been approved, the owner may proceed with the alterations.
However, the owner of a sectional title unit who wishes to extend his section must adhere to the following procedures before effecting the extension:
- have building plans drawn up;
- obtain approval from the body corporate by way of a special resolution;
- submit the building plans to the Municipality for approval;
- appoint a land surveyor or architect to draft a sectional plan of extension;
- obtain the mortgagee’s (bank’s) approval (if applicable);
- obtain the Surveyor General’s approval of the sectional plan of extension;
- register the sectional plan of extension in the Deeds Office.
The question of what constitutes the extension of a section has been the subject of litigation – and owners, when contemplating the “alterations” to their section, are advised to determine whether or not such alterations would constitute an extension of their section. In general terms, the extension of a section takes place when an owner extends the “boundaries of the floor area” of a section.
(Regarding alterations to a section which do not extend the boundaries of the floor area of the section, an owner is not required to follow the procedures set out in (a) to (g) above. However, the legislation applicable to sectional title schemes does impose certain restrictions on owners in respect of such alterations. Owners contemplating such alterations should, as a point of departure, discuss their intentions with the trustees and consult a property lawyer if necessary).
Owners are strongly advised to seek expert advice when contemplating alterations to their section as failure to follow the correct procedures when extending a section can have dire consequences for an owner.
Disclaimer: This article is for information purposes only and do not constitute legal or other professional advice)
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