It is possible for owners of sections in Sectional Title Schemes to extend their sections.
This normally happens when an owner requests the body corporate to allow (with consent by Special Resolution) him/her to enclose a balcony or incorporate another part of the common property of the scheme into his/her existing section.
An application to the body corporate would usually require that the owner will obtain approved building plans from the municipality and thereafter engage a Land Surveyor to draw amended Sectional Title Plans which will need to be registered in the Deeds Office. The procedure to be followed is set out in section 24 of the Sectional Titles Act (“the Act”).
The amended Sectional Title Plan would reflect the increased size of the particular unit and the increased participation quota applicable to that unit which would dictate the proportional liability for levies payable by the owner to the body corporate. Please note that if there is a change in the participation quota of the unit beyond 10 % then all mortgage bond holders in the Sectional Scheme would need to be notified and consent in terms of the provisions of Section 24(6A) of the Act.
The Title Deed of the unit along with the original Mortgage Bond (if any) would need to be lodged in the Deeds office for endorsement.
For more information about this process, please contact one of our STBB conveyancers at info@stbb.co.za
