EXTENDING YOUR SPACE: THE ULTIMATE SECTIONAL TITLE EXPANSION GUIDE

Extending a section within a sectional title scheme is a complex process that requires meticulous planning and adherence to various legal and regulatory requirements. As a property owner, it is crucial to understand each step involved to ensure a smooth and successful extension. This article outlines the essential procedures, from obtaining the Body Corporate’s approval to updating the sectional title register, highlighting the roles of land surveyors, architects, and the importance of compliance with local building regulations. Understanding these steps can help owners navigate the intricacies of extending their sections, ensuring all legalities are complied with and the property value is enhanced. 

Extending a section  

The first step in extending a section, whether by extending the boundaries or the floor area of such section, is to obtain the approval of the Body Corporate for the scheme. An owner must notify the Body Corporate of the intended extension. This notification should include detailed plans and specifications of the proposed extension. Since the extension of a section will, in most cases, affect the participation quotas of other owners in the scheme, the approval of the Body Corporate, authorised by a special resolution of the owners in the scheme, must be obtained. The requirement for such special resolution is contained in section 5(h) of the Sectional Titles Schemes Management Act No. 8 of 2011. The Body Corporate will also determine the consideration, if any, payable by an owner for the acquisition of the additional square metres of common property in the scheme, required in order to effect such extension to his or her section. 

Local building regulations 

The next step is to ensure that the proposed extension complies with local building regulations and by-laws, particularly if the extension entails structural alterations to the existing section. This involves obtaining the necessary building plan approval from the local municipality. Engaging with an architect or town planner can help to ensure that the plans meet all regulatory requirements.  

In addition to the above steps, an owner will need to appoint a land surveyor to prepare a sectional plan of extension of the section. The land surveyor will prepare a draft sectional plan from actual measurements taken, showing the proposed extension. Such draft plan will be submitted by the land surveyor to the Surveyor General for approval. The sectional plan of extension will contain a schedule indicating the new participation quotas of each section in the scheme as well as a block plan, unless the block plan will not change as a result of the extension.  

Registration of sectional plan of extension  

Once the Surveyor General has approved the sectional plan of extension, the owner of the section to be extended must file an application with the Registrar of Deeds for the registration of the sectional plan of extension. The Registrar of Deeds will then update the sectional title register to reflect the extended section and the Surveyor General will update the original sectional plan to record the extension of the section. These steps ensure that the extension is legally recognised and recorded and the owner’s Title Deed will be endorsed accordingly, to reflect the increased extent of the section. 

If the section being extended is mortgaged, the owner must inform the bank of the extension, as the bond registered over the section needs to be endorsed by the Registrar of Deeds with the change in extent of the section. The extension may well increase the value of the property and is, in any event, a change to the bank’s security, which must be brought to the bank’s attention.  

Participation quota  

An extension of a section which increases the floor area of such section will affect the participation quotas of other owners in the scheme. Where the deviation in the participation quota of the section to be extended is not more than 10%, a certificate issued by a land surveyor or architect confirming that the deviation in the participation quota is not more than 10%, must be lodged at the Deeds Office, together with the application by the owner to extend and the existing mortgage bond registered over the section.  

If there is a deviation of more than 10% in the participation quota of the section that is being extended, a conveyancer’s certificate must be lodged with the mortgage bond for the section being extended, stating that the mortgagee of each section in the scheme has consented to the registration of the sectional plan of extension of that section. Before such a certificate can be issued, the conveyancer must follow the procedure set out in section 24(6A) of the Sectional Titles Act no. 95 of 1986, which provides for a formal notice to be sent to the relevant mortgagees of sections in the scheme. 

Financial implications  

Owners must be prepared for the financial implications of extending their sections. These costs can include professional fees for architects, land surveyors and attorneys, municipal charges for building plan approval, and any fees associated with updating the sectional title register. Additionally, the owner may be liable for increased levies where the extension increases the section’s participation quota. 

Extending a section in a sectional title scheme involves a series of well-defined steps, each integral to securing the necessary approvals and updating of property records. Property owners must be prepared for both the financial and detailed procedural requirements of such a project. By engaging professionals such as an architect, land surveyor, town planner and conveyancer, owners can streamline the process, ensuring their extension is legally compliant and enhances the overall value of their property.