What is Sectional Title?

A sectional development scheme (generally referred to as a scheme) provides for separate ownership of a single property by individuals.

All sectional title schemes fall under the control of the Sectional Titles Act, No.95 of 1986, which came into effect on 01stJune 1988.

Who owns what?

When a persons purchases into a scheme, once transfer has occurred, the persons acquires a section and an undivided share of the common property.

These are collectively known as a unit, but could also be a garage or a storage room, However, in numerous schemes external rooms and garages may not be registered sections but duly form part of the common property, in which the owner generally has exclusive rights of usage.

A section extends from the mid-point of outer or dividing walls, the lower part of the ceiling and upper part of the floor.

What is meant by common property?

This is referred to any part of a scheme that does not form part of a section. Some examples would be: outer walls, foundations, roofs, driveways, gardens, corridors, lifts, entrance foyers, etc. Some parts of the common property are designated as exclusive use areas.

The common property is controlled by the body corporate. There are no exceptions to this rule. The practical implication of this is that even though parts of the body corporate are exclusive use areas, they are still controlled by the body corporate, and therefore subject to the rules and regulations of the scheme.

What is an exclusive use area?

This is referred to an area which a specific owner does not own but is entitled to the exclusive use thereof. Some examples:- balconies, parking bay, storerooms or garages.