Chief Registrar's Circular 11/2010

Chief Registrar's Circular No. 11 of 2010
The Amendment Act's purpose is to enhance the application of the Sectional Titles Act and to address a number of current shortfalls including:

Amendment of Section 11
The amendment of Sections 11(3)(d)(ii) and (iii) to provide for the issuing of more than one certificate of real right of extension of a scheme and more than one certificate of real right of exclusive use areas.

Amendment of Section 12
The amendment of Sections 12(1)(e) & (f). Section 12(1)(e) of the Act provides for the issuing of the certificate of real right of extension of a scheme and a certificate of real right of exclusive use areas in respect of a condition reserved or imposed by a developer in terms of section 25(1) and 27(1) of the Act, respectively.

Amendment of Section 14
Section 14(8) of the Act makes provision for the cancellation of a registered sectional plan only by order of Court.

Insertion of Section 15B(5A)
Section 15B contains provisions with regard to the registration of the transfer of ownership and other rights in a deeds registry. However, it does not cater for the issuing of a certificate of registered sectional title to a sole owner in respect of a fraction of an undivided share in a unit in a sectional titles scheme. This amendment seeks to rectify this situation.

Amendment of Section 25
The heading of Section 25 of the Act and its relevant sub sections has been changed to provide for the extension of a scheme by the addition of sections and exclusive use areas or by the addition of exclusive use areas only.

Section 8(b) of the Amendment Act amends Section 25(1) to provide a mechanism which allows a developer to extend the period in which a right of extension must be exercised, while Section 25(1)(a) has been amended to provide for a right of extension in respect of a building which already exists.

Amendment of Section 27
Section 27(5) provides for the holder of a personal common law servitude or the holder of a lease, to consent, together with a mortgagee, to the cancellation of an exclusive use area.

Amendment of Section 29
Section 29(3) now provides for the obtaining and filing, in the protocol of the notary, of the consent of bondholders that exist on the date of execution of a servitude or agreement.

Amendment to Section 44
Section 44(1)(g) of the Act has been amended to provide for the purpose for which an exclusive use area is intended to be used, to be shown expressly of by implication on a registered sectional plan.

Changes are applicable to all deeds lodged after 23 December 2010.

Chief Registrar's Circular No. 11 of 2010