Property Law and Sectional Title

 

 

Yes, the Body Corporate can refuse your request if it doesn't comply with the scheme's rules, could negatively impact the structural integrity or aesthetic appearance of the building, unreasonably interfere with other owners' enjoyment of their units or the common property, or if you haven't provided sufficient information.

It depends on the type of change. Internal cosmetic renovations like painting or replacing carpets usually don't require permission. However, any alteration that affects the external appearance of your unit, the common property, or the structural integrity of the building will likely require the Body Corporate's approval.   
 

Depending on the nature and extent of your alterations, especially for structural changes or extensions, you may also need to obtain building plan approval from the local municipality. The Body Corporate may require proof of this approval before granting their consent.
 

Typically, you need to submit a written application to the Trustees or the managing agent. This application should clearly describe the proposed alterations and include any supporting documentation like plans, drawings, or structural engineer reports if necessary.

Yes, but alterations to exclusive use areas often still require Body Corporate approval, especially if they affect the common property or the overall aesthetic of the scheme. Check your scheme's rules for specific guidelines.   
 

Show all FAQs in Category

Alterations and Renovations in Your Sectional Title Scheme - What You Need to Know with VDM Attorneys

As a homeowner in a sectional title scheme in South Africa, you enjoy the benefits of community living. However, when it comes to making changes to your property, there are specific rules and regulations you need to be aware of. At VDM Attorneys, we understand that you may feel frustrated when your renovation or alteration plans require the approval of the Body Corporate. That's why we've compiled this guide to help you navigate the process smoothly and ensure your projects proceed without unnecessary delays.

The legal distinction between Alterations and Renovations in a South African Sectional Title Scheme lies primarily in the scope and impact of the work. Alterations involve structural changes, external modifications, or expansions that have a more significant impact on the building and therefore require formal Body Corporate approval and adherence to specific legal processes, particularly for extensions. Renovations, being internal and cosmetic, are generally subject to less stringent requirements but still fall under the purview of the Body Corporate's rules to ensure harmonious living within the scheme.

Understanding the Difference - Alterations vs. Renovations

  1. Alterations Generally refer to more significant modifications, including structural alterations or additions to your section. This includes the removal, creation, or modification of walls or any structural part of the building. Alterations also encompass any work that affects the exterior appearance of your section.
  2. Renovations Typically involve the internal redecoration or refurbishment of your unit's existing interior. Examples include retiling, repainting, installing new cupboards or sanitary ware, and changing floor coverings.

While renovations generally have fewer restrictions, it's important to note that even for internal renovations, you will likely require permission from the Trustees regarding the timing and manner in which the work can be carried out.

Alterations A Detailed Breakdown

For alterations, the process is more involved and typically requires the Body Corporate's approval and potentially consent from the local authority.

1. Body Corporate Approval: The General Rule

You 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 will need to 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 if you plan on removing walls or making other structural changes.
  • Trustee Assessment The Trustees will assess your application based on the scheme's Management and Conduct Rules. They have the authority to impose conditions on the work or, in certain circumstances, refuse consent.
  • Special Resolution for Extensions If your alteration involves an extension that increases the boundaries or floor area of your section (for example, building onto a balcony or extending a room into a garden area), you will likely require a special resolution passed by at least 75% of the Body Corporate members.

2. Types of Alterations Requiring Approval

Here are some common 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.
    • Making changes to balconies or patios that are visible from the road or by other residents.
  • Impact on Structural Integrity
    • Removing any walls (as these may be load-bearing).
    • Making changes to the roof or foundations.
    • 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.

3. What to Consider Before Undertaking Alterations:

  • Review Scheme Rules Thoroughly familiarize 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 renovations. It's essential to make arrangements with the Body Corporate to minimize 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.

Renovations - What You Need to Know

While internal renovations like repainting, tiling, or installing new fixtures generally have fewer restrictions, you will still likely need to inform the Trustees and obtain their permission regarding the timing and execution of the work. This is primarily to manage potential noise and disruption for other residents.

  • Working Hours The Body Corporate often has rules specifying the permissible hours during which contractors are allowed on the premises to carry out renovations.
  • Disposal of Building Refuse There will likely be guidelines on how building refuse should be disposed of to maintain the cleanliness and order of the common property.

Extending Your Section - Specific Requirements under Section 24 of the Sectional Titles Act

Any alteration that increases the boundaries or floor area of your section is legally considered an extension under Section 24 of the Sectional Titles Act 95 of 1986. This triggers specific and more stringent requirements

  • Special Resolution 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.
  • Conditions of Approval 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.
  • Building Plans and Local Authority Approval - Once the special resolution is obtained, you will need to engage a qualified architect to draw up proposed plans of the extension and submit them to the local authority for approval.
  • Land Surveyor and Sectional Plan A land surveyor will need to be appointed to draw up new sectional title plans of the scheme to incorporate the extension.
  • Surveyor-General Approval The amended sectional plan must be submitted to the Surveyor-General for approval.
  • Deeds Office Registration Finally, an application must be made to the Registrar of Deeds to register the amended sectional title plan.
  • 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.

Improvements in Terms of the Sectional Titles Schemes Management Act (STSMA)

The STSMA also addresses improvements to units, exclusive use areas, and common property

  • Improvement of Your Unit You are generally permitted to make alterations to your section with the consent of the Body Corporate (ordinary resolution), provided the Body Corporate is satisfied that it doesn't require compliance with specific regulations and they can prescribe reasonable conditions regarding its use and appearance.
  • Improvement of Your Exclusive Use Area An owner with exclusive use rights can improve the area by adding structures or making building improvements with the consent of the Body Corporate via an ordinary resolution.
  • Improvement on Common Property If the Body Corporate proposes alterations or improvements to the common property that are reasonably necessary, they must provide all members with at least 30 days' written notice detailing the estimated costs, how these costs will be met (including any special levies or loans), and a motivation for the proposal with accompanying drawings. If a member requests a general meeting to discuss the proposal, it must be approved by a special resolution. For luxurious improvements to common property, a unanimous resolution is required. For non-luxurious improvements that are not reasonably necessary, a special resolution is needed if any owner requests a special general meeting to discuss the Trustees' proposal.

Conclusion - Know the Rules Before You Begin

Undertaking alterations or renovations in a sectional title scheme requires careful planning and adherence to the established rules and regulations. Failing to obtain the necessary approvals can lead to significant complications and potential costs down the line.

At VDM Attorneys, we have extensive experience in sectional title law and can provide you with expert legal advice and assistance regarding alterations and renovations in your scheme. Whether you need help understanding your scheme's rules, navigating the application process, or require assistance with special resolutions or extensions, our team is here to guide you.

Contact VDM Attorneys today for professional and efficient service to ensure your alteration or renovation project proceeds smoothly and in compliance with the relevant legislation and your scheme's rules.