Sectional Titles Act, 1986.
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
This Act makes provision for the subdivision of buildings and pertaining land in single properties and common property, defines ownership and real rights in or over parts of buildings and land and common parts, and provides for registration of title to ownership or other real rights in or over such parts.
This Act stipulates that, notwithstanding anything to the contrary in any law or the common law: (a) a building or buildings comprised in a scheme and the pertaining land, may be divided into sections and common property in accordance with the provisions of this Act: (b) sections may be acquired in accordance with the provisions of this Act; (c) the owners of such sections shall own common property in undivided shares in accordance with the provisions of this Act; and (e) a registrar may, in accordance with the provisions of this Act, register in a deeds registry a title deed whereby ownership in, or any lease of, or any other real right in or over, any such section or an undivided share therein or common property is acquired.
A developer who intends to establish a development scheme shall cause a draft sectional plan to be submitted to the Surveyor-General for approval. A scheme shall, upon establishment of a body corporate of owners be controlled and managed, subject to the provisions of this Act, by means of rules.
This Act stipulates that, notwithstanding anything to the contrary in any law or the common law: (a) a building or buildings comprised in a scheme and the pertaining land, may be divided into sections and common property in accordance with the provisions of this Act: (b) sections may be acquired in accordance with the provisions of this Act; (c) the owners of such sections shall own common property in undivided shares in accordance with the provisions of this Act; and (e) a registrar may, in accordance with the provisions of this Act, register in a deeds registry a title deed whereby ownership in, or any lease of, or any other real right in or over, any such section or an undivided share therein or common property is acquired.
A developer who intends to establish a development scheme shall cause a draft sectional plan to be submitted to the Surveyor-General for approval. A scheme shall, upon establishment of a body corporate of owners be controlled and managed, subject to the provisions of this Act, by means of rules.
Attached files
Long title of text
An Act to provide for the division of buildings into sections and common property and for the acquisition of separate ownership in sections coupled with joint ownership in common property; the control of certain incidents attaching to separate ownership in sections and joint ownership in common property; the transfer of ownership of sections and the registration of sectional mortgage bonds over, and real rights in, sections; the conferring and registration of rights in, and the disposal of, common property; the establishment of bodies corporate to control common property and for that purpose to apply rules; and the establishment of a sectional titles regulation board; and to provide for incidental matters.
Notes
Consolidated version of Act No. 95 of 1986 as amended last by the Rental Housing Act (No. 50 of 1999).
Repealed
No
Source language
English
Legislation Amendment
No
Amended by
Implemented by