Alterations in a Sectional Title Scheme
Alterations in Your Sectional Title Scheme - What You Need to Know with VDM Attorneys
Understanding Alterations in Your Sectional Title Scheme
As a homeowner in a sectional title scheme you enjoy the benefits of community living. However, when contemplating significant changes to your property, it's crucial to understand the specific rules and regulations governing alterations. At VDM Attorneys, we recognise that navigating these requirements can be challenging. This guide is designed to help you understand the process and ensure your alteration projects proceed smoothly.
What Qualifies as an "Alteration"?
In a South African Sectional Title Scheme, alterations refer to more substantial modifications that involve structural changes, external modifications, or expansions to your section. This includes:
Structural Changes: The removal, creation, or modification of walls (especially load-bearing walls) or any other structural part of the building.
External Modifications: Any work that affects the exterior appearance of your section.
Expansions: Any change that increases the physical boundaries or floor area of your section.
These types of changes have a more significant impact on the building and the scheme as a whole, therefore requiring formal Body Corporate approval and adherence to specific legal processes.
The Process for Undertaking Alterations - A Detailed Breakdown
For alterations, the process is more involved and typically requires the Body Corporate's explicit approval and potentially consent from the local authority.
1. Body Corporate Approval: The General Rule
You will generally need the prior written consent of the Body Corporate for any alterations to your section, particularly those that affect the external appearance or structural integrity of the building.
- Application Process To obtain this consent, you must submit a formal application to the Body Corporate, usually through the Trustees or the managing agent. This application should clearly outline the proposed alterations and include supporting documentation, such as detailed architectural plans (especially for structural changes).
- Trustee Assessment The Trustees will assess your application based on the scheme's registered Management and Conduct Rules. They have the authority to impose conditions on the work (e.g., specific materials, timelines) or, in certain circumstances, refuse consent if it's not compliant with rules or impacts the scheme negatively.
2. Special Resolution for Extensions (Section 24)
If your alteration involves an extension that increases the boundaries or floor area of your section (for example, building onto a balcony, enclosing a patio, or extending a room into a garden area), this is legally considered an extension under Section 24 of the Sectional Titles Act 95 of 1986. This triggers more stringent requirements:
- You must first obtain a special resolution from the Body Corporate authorizing the proposed extension. This requires a 75% majority vote in number and value of the members present or represented at a general meeting, or written consent from 75% of all owners through a "round robin" procedure.
- The special resolution may include conditions related to your building operations, such as requiring a deposit to cover potential damages to common property or payment of compensation to other owners for the loss of use of common property.
- Impact on Participation Quota and Levies If your extension causes a deviation of more than 10% in the participation quota of any section, you may also need the consent of the bondholder of every unit in the scheme. Your levies will likely increase following the registration of the extension.
3. Types of Alterations Commonly Requiring Approval
Here are some examples of alterations that typically require Body Corporate approval:
- Changes to External Aesthetics Enclosing your balcony, installing new windows or altering existing ones, fitting a new security gate or screen door, installing a satellite dish or aerial, or making changes to balconies or patios that are visible from outside.
- Impact on Structural Integrity Removing any walls (as these may be load-bearing), making changes to the roof or foundations, or any work that could potentially compromise the structural stability of the building or other sections.
- Extensions Any alteration that increases the physical boundaries or floor area of your section.
Crucial Considerations Before Undertaking Alterations
- Review Scheme Rules Thoroughly familiarise yourself with your scheme's registered Management and Conduct Rules. These documents often contain specific clauses outlining the requirements and procedures for alterations.
- Aesthetics Be aware that the Body Corporate may have rules regarding the materials and architectural style to be used in external alterations to maintain the uniformity and aesthetic appeal of the complex.
- Noise and Security Consider the potential noise disruptions and security concerns that may arise during the project. It's essential to make arrangements with the Body Corporate to minimise any inconvenience to other residents.
- Exclusive Use Areas If your section includes exclusive use areas like a balcony or patio, remember that alterations to these areas also generally require Body Corporate approval.
- Structural Engineer's Report For any structural alterations, the Body Corporate will likely require you to provide a report from a qualified structural engineer to ensure the safety and integrity of the building.
- Local Authority Approval Once Body Corporate approval (especially for extensions) is obtained, you will likely need to engage a qualified architect to draw up plans and submit them to the local authority for building plan approval.
- Land Surveyor & Deeds Office For extensions, a land surveyor will need to be appointed to draw up new sectional title plans. These amended plans must be submitted to the Surveyor-General for approval, and finally, an application must be made to the Registrar of Deeds to register the amended sectional title plan.
Expert Guidance for Your Alteration Project
Undertaking alterations in a sectional title scheme requires careful planning and strict adherence to established rules. Failing to obtain the necessary approvals can lead to significant complications and potential costs.
Conclusion - Know the Rules Before You Begin
At VDM Attorneys, we have extensive experience in sectional title law. We can provide you with expert legal advice and assistance regarding alterations in your scheme, from interpreting rules and navigating the application process to facilitating special resolutions and managing the complexities of extensions.
Contact VDM Attorneys today for professional and efficient service to ensure your alteration project proceeds smoothly and in full compliance with the relevant legislation and your scheme's rules.