South Africa
Sectional Titles Act, 1986
Act 95 of 1986
- Published in Government Gazette 10440 on 17 September 1986
- Assented to on 8 September 1986
- Commenced on 1 June 1988 by Sectional Titles Act, 1986: Commencement
- [This is the version of this document from 17 September 1986.]
1. Definitions
Part I – Introductory provisions
2. Ownership and real rights in or over parts of buildings, and registration of title to ownership or other real rights in or over such parts
Notwithstanding anything to the contrary in any law or the common law contained—3. Application of Deeds Registries Act, reproduction of documents, and units deemed to be land
Part II – Development schemes, sectional plans and sectional title registers
4. Approval of development schemes
5. Manner of preparing draft sectional plans
6. Duties of land surveyors and architects and non-liability of State
7. Approval of draft sectional plans by Surveyor-General
8. Improper conduct of land surveyors and architects
A land surveyor or architect shall for the purposes of the Professional Land Surveyors’ and Technical Surveyors’ Act, 1984 (Act No. 40 of 1984), and the Architects’ Act, 1970 (Act No. 35 of 1970), as the case may be, be guilty of improper conduct, if he—9. Prohibition of certain acts before opening of sectional title registers
10. Sale by developers of certain units occupied by certain lessees
11. Applications for opening of sectional title registers
12. Registration of sectional plans and opening of sectional title registers
13. Effect of registration of sectional plans
14. Amendment and cancellation of sectional plans
Part III – Registration and common property
15. Registration of transfer of ownership and other rights
16. Ownership of common property
17. Dealings with common property
18. Transfer of mortgaged unit, undivided share, common property or land, and cession of mortgaged lease or real right
The provisions of sections 56 and 57 of the Deeds Registries Act shall apply mutatis mutandis with reference to the transfer of any mortgage unit or undivided share in a unit, the cession of any mortgaged lease of a unit or undivided share in a unit, the cession of any mortgaged real right in or over a unit or an undivided share in a unit, and the transfer under section 17 of this Act of any mortgaged common property or land or an undivided share therein.19. Expropriation of common property or rights therein
Part IV – Subdivision, consolidation and extension of sections
20. Approval by local authority for subdivision of section or consolidation of sections
21. Approval of plan of subdivision or consolidation by Surveyor-General
22. Registration of subdivision of section
23. Registration of consolidation of sections
24. Extension of sections
Part V – Extension of schemes
25. Extension of schemes by addition of sections
26. Extension of schemes by addition of land to common property
Part VI – Exclusive use of common property and servitudes
27. Rights of exclusive use of parts of common property
28. Implied servitudes
29. Creation of servitudes
30. Ancillary servitudal rights
All ancillary rights and obligations reasonably necessary to make servitudes effective, shall apply in respect of servitudes implied or created under this Act.31. Deeds Registries Act and implied servitudes
The provisions of the Deeds Registries Act shall not apply with reference to servitudes or restrictions as to user implied under this Act, and such servitudes and restrictions shall take effect and be enforceable immediately upon the establishment of the body corporate.Part VII – Participation quotas and developers
32. Participation quotas
33. Sale or letting of sections
Nothing in this Act or any other law contained shall be construed as preventing a developer from selling certain sections in a building and letting other sections therein or from letting all sections therein.34. Shares of developers in buildings and land
Part VIII – Rules and bodies corporate
35. Rules
36. Bodies corporate
37. Functions of bodies corporate
38. Powers of bodies corporate
The body corporate may exercise the powers conferred upon it by or under this Act or the rules, and such powers shall include the power—39. Functions and powers of bodies corporate to be performed or exercised by trustees
40. Fiduciary position of trustees
41. Proceedings on behalf of bodies corporate
42. Powers of curatores ad litem
43. Security for cost by applicants for appointment of curatores ad litem
The Court may, if it appears that there is reason to believe that an applicant in respect of an application under section 41(2) will be unable to pay the costs of the respondent body corporate if successful in its opposition, require sufficient security to be given for those costs and the costs of the provisional curator ad litem before a provisional order is made.Part IX – Owners, administrators and buildings
44. Duties of owners
45. Insurance by owners
46. Appointment of administrators
47. Recovery from owners of unsatisfied judgment against bodies corporate, and non-liability of bodies corporate for debts and obligations of developers
48. Destruction of or damage to buildings
49. Disposal on destruction of buildings
50. Unencumbered sections destroyed by State or local authority
51. Valuation of land and buildings and recovery of rates by local authorities
Part X – Miscellaneous
52. Delegation of powers, functions and duties by local authorities
A local authority may delegate any or all of the powers, functions or duties conferred upon or entrusted to it by sections 4, 20, 24, 25, 26 and 27 to a committee, or an officer in the service, of that local authority.53. Section 37 of Rent Control Act, 1976, not applicable to certain leases of sections
The provisions of section 37 of the Rent Control Act, 1976 (Act No. 80 of 1976), shall not be construed as prohibiting the grant of a lease of a unit upon conditions which involve the payment of a lump sum as consideration for the grant of the lease and the payment thereafter of a proportionate share of the expenses of maintaining the building.54. Sectional titles regulation board
55. Regulations
The Minister may, after consultation with the sectional titles regulation board, make regulations in regard to—56. Notice of applications to Court
Before any application is made to the Court for an order affecting the performance of any act in a deeds registry or office of a Surveyor-General, the applicant shall give notice in writing to the registrar or Surveyor-General concerned at least 21 days before the hearing of such application, and such registrar or Surveyor-General may submit to the Court such report thereon as he may deem fit.57. Exemption from liability
No act or omission of a registrar, Surveyor-General or any local authority, or of an official who is employed in a deeds registry or office of the Surveyor-General or local authority, in the course of the administration of this Act, shall make the State or that registrar, Surveyor-General, local authority or official liable for damages suffered by anyone in consequence of such act or omission: Provided that if a Court finds that such act or omission was mala fide, the State or local authority, as the case may be, shall be liable for such damages.58. Powers of Surveyor-General regarding sectional plans registered in terms of Sectional Titles Act, 1971
The Surveyor-General may perform any act in relation to a sectional plan registered by a registrar in terms of the Sectional Titles Act, 1971 (Act No. 66 of 1971), that he would be empowered to perform if such sectional plan had been approved by him in terms of this Act, and he shall in collaboration with the registrar cause copies of such sectional plans to be made for filing of record in his office.59. Repeal of laws
The laws specified in the Schedule are hereby repealed to the extent set out in the third column of the Schedule.60. Savings and transitional provisions
61. Short title and commencement
This Act shall be called the Sectional Titles Act, 1986, and shall come into operation on a date to be fixed by the State President by proclamation in the Gazette.History of this document
01 June 1988
Commenced by
Sectional Titles Act, 1986: Commencement
17 September 1986 this version
08 September 1986
Assented to
Cited documents 4
Act 4
1. | Deeds Registries Act, 1937 | 2809 citations |
2. | General Law Amendment Act, 1973 | 55 citations |
3. | Second General Law Amendment Act, 1974 | 30 citations |
4. | General Law Amendment Act, 1975 | 25 citations |
Documents citing this one 1318
Gazette 1153
Judgment 87
By-law 72
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2. | Customer Care Management, Credit Control and Debt Collection | 1 citation |
3. | Customer Care Management, Credit Control and Debt Collection | 1 citation |
4. | Customer Care Management, Credit Control and Debt Collection | 1 citation |
5. | Tariffs and Free Basic Services | 1 citation |
6. | Tariffs and Free Basic Services | 1 citation |
7. | Air Pollution Control By-law, 2011 | |
8. | Air Pollution Control By-law, 2021 | |
9. | Building By-law, 2015 | |
10. | Building Regulations and Standards By-law, 2018 |
Act 3
1. | Income Tax Act, 1962 | 1623 citations |
2. | Value-Added Tax Act, 1991 | 691 citations |
3. | Rental Housing Act, 1999 | 118 citations |
Government Notice 1
1. | Sectional Titles Regulations, 1988 |
Law Reform Report 1
1. | Investigation into Legal Fees - Including Access to Justice and Other Interventions - Project 142 |
Provincial Notice 1
1. | Western Cape Land Use Planning Regulations, 2015 | 3 citations |