Before an owner can subdivide his or her section, the consent of the trustees of the body corporate must be sought. Should the body corporate withhold such consent, the court may be approached for the necessary authorisation.
Once the necessary consent or authorisation has been obtained, the necessary draft sectional plan of subdivision must be submitted to the Surveyor-General for approval. After approval of the said sectional plan, application can be made to the Registrar of Deeds.
The following deed(s), document(s) and proof must be lodged with the Registrar of Deeds to register the subdivision of the section:
The application must be drafted in accordance with prescribed form O and the owner must apply for the registration of the plan and the issue of the certificates of registered sectional title.
- Two copies of the sectional plan of subdivision.
- The client's copy of the sectional title deed, being the subject of the subdivision.
- Any open bonds must be lodged for disposal, i.e. cancellation, release or substitution.
- Certificates of registered sectional title drafted in accordance with prescribed form O, for each new section created.
- Cover No. 1 (Yellow) - Copies of Sectional Plan
- Cover No. 2 (Yellow) - Application and title
- Cover No. 3 (Yellow) - Bond(s), if any, for disposal
- Cover No. 4 and further (White)
Republished with permission from SA Deeds Journal