Back to Sectional Title Governance
Sectional Title Governance

Upkeep and repairs in sectional title schemes

You just took transfer and became the proud owner of a unit in a sectional title scheme. After the first summer rains you notice, with dismay, that there are damp stains on the outer walls of your unit. You inform the body corporate, who, by way of their trustees, indicate that the said damp must be fixed by you as the owner of the unit.

The process to approval for extending a Sectional Title Unit

Sectional title schemes are divided into Units and Common Property. The Sectional Titles Act 95/1986 (the Act) defines a unit as “a section together with its undivided share in common property apportioned to that section in accordance with the quota of the section”. The Act also defines Common Property as “land included in the scheme and such part of a building or buildings as are not included in a section”. All owners of units are there for “participants” in the common property of a sectional title scheme. Monthly levies, and in some cases special levies (for example when the buildings in the scheme needs painting) are paid i.a. in contribution to the upkeep and repair of such common property to be managed by the appointed trustees, acting on behalf and in the interest of, the body corporate (owners of units). The upkeep and repair of a section will only rest with the individual owners of such sections as this does not fall within the definition of common property. 

According to section 5(4) of the Act the measurement or the “common boundary between any section…. and common property shall be the median line of the dividing wall”. The measurement (and per definition ownership) of a section will therefor only be only be in respect of the inside walls of the unit measured to the half of the unit wall. The “outside half” of unit walls as indicated on the sectional title diagram will form part of the Common Property. It can therefore be argued that, ownership and the responsibility to manage, maintain, upgrade and repair any damage to the common property (“outside walls” in this case) rests with the body corporate. 

Follow Snymans on Facebook for more legal information, tips and news about property.

Recommended for you

Your Trusted Partner in Residential and Commercial Property Transfers
Sectional Title Governance

Who moved my Deeds?[post_view before=""]

The e-DRSA will improve deed registration in South Africa by increasing efficiency and accuracy. However, involving key stakeholders, such as the Law Society of South Africa, South African Deeds Registries, and Department of Rural Development and Land Reform, is crucial. The cost and impact on the current paper-based system must also be considered.

Read More
The Electrical Compliance Certificate
Sectional Title Governance

Hear me roar: The use of generators in Sectional Title Schemes[post_view before=""]

There is no sound that pierces a fellow South Africans heart quite like the mighty roar of their neighbour’s generator in the early hours of the morning. While residents in Sectional Title Schemes dream of a day that they too can use a generator to mitigate the detrimental effects of loadshedding, they are awakened to a reality that does not allow for this.

Read More
Minors and immovable property
Sectional Title Governance

The Distinction Between Movable and Immovable Property[post_view before=""]

It is important to clearly distinguish between movable and immovable property when buying or selling a house. Movable property consists mainly of the owners’ personal belongings that can be moved freely and are not affixed to the property itself.

Read More
My name has changed - what happens to my property’s title deed?
Sectional Title Governance

What it means to be a trustee[post_view before=""]

The creation of a family trust has always been a popular way to manage and safeguard assets. It provides for continuity when it involves, for instance, the preservation of immoveable property for family generations. 

Read More
Your Trusted Partner in Residential and Commercial Property Transfers
Sectional Title Governance

The Family Home – A customary law concept gets acknowledgement from the CC[post_view before=""]

This is an application that ended up in the Constitutional Court, by a partner (applicant) who lived with her late partner in, what was to them, their family home. Upon the death of her late partner, she (the applicant) was appointed the executrix of her deceased partner’s estate who died intestate. The applicant and deceased were not married but had lived together for years in the family home the applicant had inherited from her late grandfather as a “family home” intended to be for the benefit of the family.

Read More

Need more Snymans content?

Sign up for our monthly newsletter.

Sectional Title Governance

Upkeep and repairs in sectional title schemes

You just took transfer and became the proud owner of a unit in a sectional title scheme. After the first summer rains you notice, with dismay, that there are damp stains on the outer walls of your unit. You inform the body corporate, who, by way of their trustees, indicate that the said damp must be fixed by you as the owner of the unit.

The process to approval for extending a Sectional Title Unit

Sectional title schemes are divided into Units and Common Property. The Sectional Titles Act 95/1986 (the Act) defines a unit as “a section together with its undivided share in common property apportioned to that section in accordance with the quota of the section”. The Act also defines Common Property as “land included in the scheme and such part of a building or buildings as are not included in a section”. All owners of units are there for “participants” in the common property of a sectional title scheme. Monthly levies, and in some cases special levies (for example when the buildings in the scheme needs painting) are paid i.a. in contribution to the upkeep and repair of such common property to be managed by the appointed trustees, acting on behalf and in the interest of, the body corporate (owners of units). The upkeep and repair of a section will only rest with the individual owners of such sections as this does not fall within the definition of common property. 

According to section 5(4) of the Act the measurement or the “common boundary between any section…. and common property shall be the median line of the dividing wall”. The measurement (and per definition ownership) of a section will therefor only be only be in respect of the inside walls of the unit measured to the half of the unit wall. The “outside half” of unit walls as indicated on the sectional title diagram will form part of the Common Property. It can therefore be argued that, ownership and the responsibility to manage, maintain, upgrade and repair any damage to the common property (“outside walls” in this case) rests with the body corporate. 

Follow Snymans on Facebook for more legal information, tips and news about property.