Cape Registrar's Circular 03/2016

Cape Town Registrar’s Circular No 3 of 2016

Purpose: Revised Deeds Office practices and procedures in terms of the Sectional Titles Schemes Management Act 8 of 2011 (hereinafter referred to as the “Act”).  Registrar's Circular 2 of 2016 is withdrawn. This circular should be read with Chief Registrar's Circular No 13 of 2016.

1. Re: Body Corporate – Form W

1. The Form “W” must be lodged in triplicate and be lodged in a separate cover with the first transfer of a section to an owner in a sectional scheme.  A body corporate is established in terms of section 2(1) of the Act and no longer in terms of section 36 (1) of the Sectional Titles Act, 95 of 1986.  The preamble of the Form “W” must refer to the establishment of the body corporate in terms of section 2 (1) of the Act.
2. Examiners must make an office note on the deed cover containing the Form “W” as follows:
   “Final Check, forward Form ‘W’ to the Chief Ombud.”
3. Final Check Section must forward a signed Form “W” to the Chief Ombud and file the second original in the sectional title file. The third original will be scanned and delivered.
4. The current practice regarding the fees, coding, linking in the batch and registration of the Form “W” must continue.

2. Sectional Title Rules

1. The Rules of a sectional title scheme are now regulated by section 10 of the Act. Section 35 of the Sectional Titles Act, 95 of 1986 has been repealed.
2. A conveyancer's certificate will suffice, if the standard statutory rules as contained in annexures 1 and 2 of the Regulations to Act 8 of 2011 are applicable, upon the opening of  a scheme. 
3. An original certificate by the Chief Ombud,  stating that the rules contemplated in section 10 of the Act have been approved must be lodged with the application for the opening of the scheme, where there was an amendment, repeal, substitution etc. of the rules from that as contained in the Regulations. The aforesaid certificate must be lodged with the application for the opening of the scheme as a supporting document.
4. The rules contained in Annexures 1 and 2 of the regulations to the Act or any amendment thereto and the management conduct rules which confer rights of exclusive use and enjoyment of parts of common property upon members of the body corporate, (now regulated by section 10 (7) and 10 (8) of the Act) will no longer be filed in this office.

Cape Town Registrar's Circular No 3 of 2016