Section 27(2) of the sectional Titles Act (the Act) permits the extension of a scheme by the creation of new EUAs by a Body Corporate. For this purpose a sectional plan of extension has to be approved by the SGO. Any EUAs so created vest in the BC.
Since it was amended in 2010 section 25(1) permits the extension of a scheme by the holder of a real right to extend by the creation of only EUAs. Any EUA so created will vest in the holder of the right to extend.
In order to create EUAs in terms of both sections it is necessary to have a sectional plan of extension approved by the SGO. When such a plan is approved by the surveyor General he does not indicate specifically whether the plan is intended for registration under one or other of the two sections.
My question is, is such a plan available to be registered under either section? I have been unable to obtain a definitive answer from the SGO. Because of the vesting the difference is significant. I currently have a sectional plan of extension of a scheme which defines only EUAs. It consist of only 1 sheet but is numbered “Sheet no 6 of 6”, which is a reference to the original section plan for the opening of the scheme which consisted of 5 sheets. If anybody can provide a reference to an extension of a scheme in the Cape Town registries area where a plan similar to what I have described was used for the registration of an extension of a scheme by EUAs only in terms of section 25(1) I would be most grateful and I am sure there are other conveyancers who will be usefully informed by such information.