{"id":18298,"date":"2020-11-11T06:06:14","date_gmt":"2020-11-11T04:06:14","guid":{"rendered":"https:\/\/stbb.co.za\/dev2\/?p=18298"},"modified":"2020-11-11T09:13:53","modified_gmt":"2020-11-11T07:13:53","slug":"development-law-update-issue-02-2020-part-3","status":"publish","type":"post","link":"https:\/\/stbb.co.za\/dev2\/development-law-update-issue-02-2020-part-3\/","title":{"rendered":"DEVELOPMENT LAW UPDATE | ISSUE 02 \u2013 2020 (PART 3)"},"content":{"rendered":"
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RECENT DRAFT AMENDMENTS TO THE SECTIONAL TITLES ACT: SOME FLEXIBILITY FOR DEVELOPERS<\/b><\/div>\n
In September this year, suggested\u00a0amendments to the Sectional Titles Act (\u2018STA\u2019) were gazetted. Some of these affect developers directly and should provide more flexibility to amend sectional title plans at the time before the body corporate comes into existence.Those changes that affect developers directly and indirectly in the process of establishing a sectional title scheme, are briefly highlighted below.<\/div>\n

1. Where an existing building, with residential tenants, is sectionalised<\/b><\/p>\n

Currently the STA requires of the developer to, amongst other things, arrange for a meeting with all residential tenants of the building that will be sectionalised, advising them of the process, implications and their rights. A sensical amendment is introduced to section 4 of the STA, stating that at such meeting, the tenant may also appoint an agent to represent him\/her.\u00a0This is important, as the developer\u2019s conveyancer is obliged, when application for the opening of the sectional title register is lodged in the deeds office, to provide\u00a0confirmation that the tenants were invited to the meeting and that they attended (subject to certain exceptions).<\/div>\n
2. Architect\/land surveyor certificate in respect of compliance with town planning scheme<\/b><\/div>\n
The certificate issued by the land surveyor or architect that must accompany the application to the Surveyor General to approve the draft sectional plan, requires confirmation that no operative town planning scheme is contravened with the opening of a sectional title register on the relevant property.\u00a0Or, if it is contravened, that application to the municipality for condonation was successful.
\nThe amendment now requires that the certificate must, in addition, state that the draft plans comply with section 26(2) of the Spatial Planning and Land Use Management Act (SPLUMA). These sections in SPLUMA require, in essence, certification that the plans are consistent with the applicable land use scheme or town planning scheme.\u00a0It therefore allows for a more detailed and explicit certification on the side of the architect\/land surveyor.<\/div>\n

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3.<\/strong> Submitting plans for\u00a0– subdivision, consolidation, extension of sections or for extension of a scheme – before the body corporate is established<\/b><\/p>\n

New clauses are proposed which would make it possible for a developer\u2019s architect or land surveyor to submit\u00a0a draft sectional plan of:<\/div>\n