Some of the managing agents are interpreting the amendment to mean that the seller has to pay all levies which are due up to the financial year end. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. Sectional titles schemes management act, 8 of 2011 and sectional. Marina is a director of bbm attorneys, a specialist sectional title attorney, and is a well known speaker and qualified arbitrator. Council means, in relation to architects, the south african council for architects established in terms of the architects act, 1970 act 35 of 1970, and, in relation to land. Standard residential property lease for sectional title share block the schedule please complete the following. A freehold property within an estate is not subject to the same ownership, regulations and rules as a sectional title. Sectional title and rates clearance certificates effective 1 july 2008 the municipal property rates act no. Sectional title centre is a hub of information about sectional titles in south africa. Application under section 11 1 of the sectional titles act, 1986 i, the undersigned, name of developer, hereby apply to the registrar of deeds for 1.
On 4 july 2017, the respondents purchased unit 1 in the sectional title scheme known as body corporate le chene dor. Act 35 of 1970, and, in relation to land surveyors, the south african council for. The new sectional title legislation some noteworthy. In south africa, condominiums are known as sectional title properties, and are governed by the sectional titles act no. The purpose of the sectional titles schemes management stsm act, no 8 of 2011 is to provide for the establishment of bodies corporate to manage and regulate sections and common property in sectional titles schemes and, for that purpose, to apply rules applicable to such schemes and a sectional titles schemes management advisory council. Sectional titles act 95 of 1986 south african geomatics. Many cashstrapped south africans are already struggling with spiralling consumer inflation and shrinking budgets, but scores of sectional title property owners are now also faced with hefty levy hikes if their body corporates havent made provision for the requirements of new legislation gazetted in october. In accordance with rule 2411 of the rules of the national assembly the minister of human settlements gives notice of the intention to introduce into parliament the sectional titles schemes management bill, 2010 the bill during the last parliamentary session of 2010. The sectional titles schemes management act 8 of 2011 aims.
Amendments to regulations of the sectional titles schemes management act of 2011, as published on 7 october 2016. To fully understand the differences between sectional title and traditional freehold property ownership, it is important to define them. Sectional titles act and prescribed rules chas everitt. The sectional title survival manual is a book that covers topics from the basics to the termination of a scheme for anyone involved in property management. Judicial hammer table of contents covered in the act. Sections 1, 4, 7, 17, 24 to 27 and 37 amended by sectional titles amendment act 29 of 2003 from 14 november 2003. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. Maintenance plan requirements for sectional title schemes 02 dec 2016 the requirements now necessary with regards to sectional title maintenance of major capital items as per the sectional title schemes management act stsma are there to create a more formalised and longterm view with regards to maintenance. Sectional titles schemes management act 8 of 2011 south african.
Sectional titles schemes management act, 8 of 2011 and. Latest rule amendments under sectional titles act deal mostly with registration aspects, but include some amendments to the standard management rules property management, property rentals and property financial services in south africa. Maintenance plan requirements for sectional title schemes. There have been some changes to the regulations under the sectional titles act that may jeopardise your interests as a sectional title owner. The sectional titles schemes management act the sectional titles schemes management act 8 of 2011 the act took effect on 7 october 2016. Pet ownership and stmsa rules in sectional title schemes 04 aug 2017 of the various disputes dealt with in sectional title schemes, it could possibly be said that those involving pets is high, and its possibly for this reason that the rules dealing with pets is at the top of the list in the sectional title schemes management act stsma. This act regulates the power of municipalities to value and rate immovable property within its boundaries and that revaluation should happen every four years. The book is a tribute to the late bob gauld, doyen of sectional title in south africa, and mentor to the authors. Sectional title versus freehold ownership private property. If trustees fail to insure their buildings as prescribed by south african law, they would be in breach of their fiduciary duties and will. Sections 1, 15, 26 and 36 amended by sectional titles amendment act 6 of 2006 from 25 july 2006. Body corporate of the sectional title scheme seascapes v. Townhouse complexes and many apartment blocks typically have this form of title. Sectional titles schemes management act 8 of 2011 with effect from 7 october 2016.
Maintenance of common property in sectional title schemes. With acts you are guaranteed the latest and most up to date resource for your legislative needs. When these laws were drawn up the south african economy was in. Constitution of the republic of south africa, 1996 act 108 of 1996, exercising.
In effect therefore the seller has to pay the monthly levies in advance for a period of up to 12 months. Csos act and the sectional title schemes management act stsm act and their regulations guide and direct trustees in terms of the of the insurance and related aspects of a sectional title scheme. Sectional titles amendment act 33 of 20 south african. Constitution of the republic of south africa, 1996 act no. The new regulations you need to know surrounding sectional. Be it enacted by the parliament of the republic of south africa, as follows. Republic of south africa or to an email address, and that the change in the. Sectional title complex insurance is mandatory for trustees of body corporates according to section 37 of the sectional titles act act 95 of 1986. Here is what the sectional title schemes management act stsm no. Amendment of sectional titles act the sectional titles act has recently been amended. Sectional titles act 95 of 1986 south african government. However, as popular as it may be, sectional title ownership remains highly misunderstood in terms of ownership responsibilities and legalities, explains adrian goslett, ceo of remax of southern africa.
Amendments to regulations of the sectional titles act. Pet ownership and stmsa rules in sectional title schemes. In south africa there may be companies that offer a similar service but it is also possible for the trustees, with the help of their managing agent if they. This legislation repeated previous laws, which required a body corporate to maintain common property, essentially the land and all improvements other than the owners sections shown on the sectional plans. The sectional title industry has been a part of the property landscape in south africa for almost half a century, and plays a profound role in addressing the housing problem in the country. While the csos act covers all community schemes, sectional title stakeholders must also consider the sectional title schemes management stsma, where recent amendments have. Sections 1, 4, 7, 17, 24 to 27 and 37 amended by sectional titles amendment act 29 of. Applicant by special resolution in terms of the provisions of section 5 of the management act and section 24 of the sectional titles act 95 of 1986. The introductory programme in sectional title management is an online course offered through the universitys enterprises subsidiary. The course, which runs from february to november, costs r25 000. Rule changes have sectional title owners worried shop. Sectional title schemes management act no 8 of 2011 assented to 11 june 2011 date of commencement 7 october 2016 act to provide for the establishment of bodies corporate to manage and regulate sections and common.
The new sectional title legislation some noteworthy features of the tricky trio. Pdf accounting and auditing of sectional title property. Sectional title survival manual property book paddocks. Sectional title schemes for beginners a summary golegal. Amendments to regulations of the sectional titles act 1. Sectional titles schemes management act 8 of 2011 south.
The landlords details full names physical address postal address email address fax no. This article discusses the law regulating sectional title schemes and how same should be run before one buys into such a scheme. Sectional title schemes management act no 8 of 2011. Sectional titles schemes management act, 8 of 2011 and sectional titles schemes management regulations, 2016. Amendment of the sectional titles act, 1986 act no.