Registrar's Circular 10/2011

The amended regulations, as published under Government Notice No. R. 805 in Government Gazette No. 34639 on 28 September, becomes effective from 28 October 2011.  This circular deals with only those amendments which have an impact on registration issues. 

2. NATURE AND/OR IMPACT OF THE AMENDMENTS

Only the amendments that have an impact on registration issues are herein referred to:

2.1. Regulation 10
Regulation 10(4) has been inserted to make provision for a prescribed form of application (Form AL) and consent (Form AM) in respect of substitution of land shown on a sectional plan for land originally mortgaged under a mortgage bond, as contemplated in section 11(3)(d) of the Sectional Titles Act, 1986 (Act No, 95 of 1986) ('the Act').

2.2. Regulation 13A
Regulation 13A has been inserted to provide a mechanism for the issuing of a 'Replacement Schedule’ to take the place of a lost or destroyed schedule of servitudes and conditions, as contemplated in section 11(3)(b) of the Act.

2.3. Regulation 15
Section 14(8) of the Act provides for the cancellation of a sectional plan by an order of the Court. Regulation 15(8) has been inserted to provide a mechanism for the cancellation of such a sectional plan.

2.4. Regulation 16
2.4.1. Regulation 16(1)(c) has been substituted and regulation 16(d)(i) and (ii) inserted to provide a mechanism for the issuing of a replacement certificate to take the place of a lost or destroyed Form W (Certificate of Establishment of a Body Corporate in terms of section 36(1) of the Act).

2.4.2. Section 15B(5A) of the Act provides for the issuing of a certificate of registered sectional title to an owner of a unit in respect of a fraction of an undivided share in such a unit Regulation 16(5) has been substituted to make provision for a prescribed form for the certificate of registered sectional title, as contemplated in section 158(5A) of the Act.

2.5. Regulation 25
Regulation 25(2A) has been inserted to make provision for a prescribed form for certificates of real rights in respect of exclusive use areas that are not linked to the addition of new sections in a scheme, as contemplated in section 25(10)(d) of the Act

2.6. Regulation 25A
The insertion of regulation 25A provides a mechanism for the issuing of replacement documentation to take the place of lost or destroyed documentation referred to in section 2 5(2) of the Act.

2.7. Regulation 28
2.7.1. Section 25 of the Act makes provision for the extension of a scheme by the addition of rights to exclusive use areas that are not linked to the addition of new sections in a scheme. Regulation 28(1) has therefore been substituted to make reference to the exclusive use areas referred to in section 25 of the Act.

2.7.2. The substitution of regulation 28(2) is consequential to the substitution of regulation 28(1).

2.8. Regulation 34
Regulation 34 has been substituted to make reference to the form that must be followed for the drafting of a collateral sectional mortgage bond and a surety bond.

2.9. Form F
The footnote to Form F has been substituted to provide for the issuing of more than one certificate of real right of extension, as contemplated in section 12(1)(e) of the Act.

2.10 Form I
The substitution of Form I is consequential to the amendment of regulation 16(5).

2.11 Form J
The substitution of Form J is consequential to the amendment of 16(5).

2.12 Form O
The substitution of Form 0 is is consequential to the amendment of regulations 28(1) and 28(2).

2.13 Form AK
The substitution of Form AK provides for the surety to appear before a conveyancer upon execution of the surety bond.

2.14 Form AL
Form AL has been added to provide a prescribed form for an application and consent, as contemplated in section 11 (3)(d) of the Act.

2.15 Form AM
Form AM has been added to provide a prescribed form (or consent, as coricinplated In scton 11 (3Xd) of the Act.

2.16 Form AN
The addition of form AN is consequential to the insertion of regulations 13A and 25A

2.17 Form AO
The addition of Form AO is consequential to the insertion of regulation 16(1)(d) that provides for the issuing of a replacement certificate.

2.18 Rule 71
Rule 71(4) has been substituted to provide for the appointment of arbitrators by the chief registrar of deeds (instead of a registrar of deeds).  The substitution was necessary to provide a single office for appointments in order to save time and confusion in the process.

CRC10_2011 and Government Notice No. R. 805 in Government Gazette No. 34639