Please note that most acts are published in english and another south african official language. Regional and land affairs second general amendment act. Understanding sectional title who or what is the body corporate. The new regulations you need to know surrounding sectional. Sections 1, 11, 15, 17, 19, 21, 2427, 29, 32, 3449, 51, 55, 60 amended by sectional. Sectional titles act 2 of 2009 namibia legal database. Amendments to regulations of the sectional titles act 1. New changes to south africas coronavirus employee relief scheme and annual leave vodacom launches 5g mobile network in joburg, pretoria. There are some transitional provisions set aside, so that trustees and managing agents have time to make changes, such as the regulations on fees and levy collections, which will commence 90 days from the date of publication. Sectional titles act, rules and regulations page 2 of 100 council council means, in relation to architects, the south african council for architects established in terms of. Till now, there has not been a cost effective dispute resolution mechanism for any type of a dispute that arises in sectional title or other community schemes that does not involve expensive legal costs.
New sectional title act explained 16 oct 2012 in mid2011 it was announced that two new acts affecting sectional title and community schemes in south africa had been signed by the president and were expected to become operational by the end of the same year. The south african council for the quantity surveying profession established in terms of the quantity surveying profession act 2000 act 49 of 2000 professional skills module no. Amendments to regulations of the sectional titles act. When the sectional titles act 66 of 1971 came into effect, south african law had, for the first time, recognised the concept of vertical ownership of land, land previously having been measured only on a horizontal plane in accordance with roman law principles. Be it enacted by the state president and the parliament of the republic of south africa, as follows. Constitution of the republic of south africa, 1996 act 108 of 1996, exercising jurisdiction in the area in which the land is situated. The provisions of the csos regulations regarding the registration of schemes is 30 days from the date of publication and. In 1960 the white government held a referendum to decide whether south africa would become a republic. Trustees and directors of sectional title bodies corporate and hoas. Ownership and real rights in or over parts of buildings, and registration of. With acts you are guaranteed the latest and most up to date resource for your legislative needs. A sectional title development scheme usually referred to as a scheme, provides for separate ownership of a property, by individuals.
To provide for the division of buildings into sections and common property and the acquisition of separate ownership in sections coupled with joint ownership in common property, the control of certain rights attaching to separate ownership in sections and joint ownership in common property, the transfer of ownership of sections and the registration of sectional. It must ensure that the provisions of the sectional titles schemes management act the act are complied with and it must enforce the provisions of its management and conduct rules. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. Sectional title schemes management act no 8 of 2011. Sectional titles act 95 of 1986 south african geomatics. Sectional titles schemes management act 8 of 2011 south. Constitution of the republic of south africa, 1996 act no. Be it enacted by the parliament of the republic of south africa, as follows. Judicial hammer table of contents covered in the act.
Ownership and real rights in or over parts of buildings, and registration of title to ownership or other real rights in or over such parts. Other amendments made to the sectional titles regulations include that the title deed of any real right registered over land is to now be included within the sectional titles register. Sectional title centre is a hub of information about sectional titles in south africa. This act, in essence, has taken all the management, governance and rules as provided in the sectional titles act no. Arrangement of sections chapter 1 interpretation, purpose and application part a interpretation 1. There are many similarities between this new piece of legislation and the sectional title act of 1986. The new sectional title legislation some noteworthy. Sectional title act annexures and faqs in south africa. Parts of the old sectional title act 95 of 1986 are still in force, but two new acts were promulgated on 7 october this year namely the sectional title schemes management act stsma and the community services ombuds service act csosa. Many cashstrapped south africans are already struggling with spiralling consumer inflation and shrinking budgets, but scores of sectional title property owners are now also faced with hefty levy hikes if their body corporates havent made provision for the requirements of new legislation gazetted in october. E it enacted by the parliament of the republic of south africa, as follows. R9 in government gazette 17753, dated 31 january 1997. Section 31c of the stsm act requires owners who have the benefit of exclusive use areas, either registered in terms of the act or created under the rules of the 1971 act, to make extra contributions call it an exclusive use levy to cover the costs of rates, taxes, maintenance and insurance for this area.
The stsma will deal with the operational requirements around the management of body corporate schemes. New sectional title act explained home owners, advice. These schemes fall under the control of the sectional titles act, no. Sectional titles act 95 of 1986 south african government. Justices of the peace and commissioners of oaths act 16 28 apr 1999 labour relations act 66 of 1995 1 mar 2015 land survey act 8 of 1997. This gave rights to the white minority but took away the right to vote of the majority of south africans. On 31 may 1961 south africa was declared a republic.
Sectional titles amendment act 33 of 20 south african. The purpose of the sectional titles schemes management stsm act, no 8 of 2011 is to provide for the establishment of bodies corporate to manage and regulate sections and common property in sectional titles schemes and, for that purpose, to apply rules applicable to such schemes and a sectional titles schemes management advisory council. Csos this refers to the community schemes ombud services act, this is brand new and is a regulatory body to assist. Sectional titles act updated to 18 december 20 act 95 of 1986 gon 1943, g. Scction i of thc sectional titles act, 1986 act no. Amendment of section 1 of act 95 of 1986, as amended by section 1 of act 63 of 1991, section 1 of act 7 of 1992, section 1 of act 15 of 1993, section 1 of act 44 of 1997, proclamation r9 of 31 january 1997, section 1. The first constitution for the union of south africa was adopted in 1910. All documents and correspondence, placed in a sectional title file, must now be endorsed with a deeds registry date endorsement upon filing, explains bester. A sectional title body corporate is responsible for management and administration of its scheme. Amendments to regulations of the sectional titles schemes management act of 2011, as published on 7 october 2016. The sectional titles schemes management act 8 of 2011 aims.
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