South Africa
Sectional Titles Act, 1986
Sectional Titles Regulations, 1988
Government Notice R664 of 1988
- Published in Government Gazette 11245 on 8 April 1988
- Commenced on 1 June 1988
- [This is the version of this document as it was from 3 August 1990 to 4 October 1990.]
- [Amended by Sectional Titles Regulations: Correction (Government Notice R991 of 1988) on 27 May 1988]
- [Amended by Sectional Titles Regulations: Amendment (Government Notice R1791 of 1990) on 3 August 1990]
1. Definitions
In these regulations a word or expression to which a meaning has been assigned in the Act, bears that meaning, and, unless the context otherwise indicates—“the Act” means the Sectional Titles Act, 1986 (Act 95 of 1986);“main file” means the main file referred to in regulation 13;“professional engineer” means a professional engineer as defined in the Professional Engineers’ Act, 1968 (Act 81 of 1968);“subfile” means the subfile referred to in regulation 13;“taxing master” means—(a)in relation to the fees and charges of conveyancers, notaries public and other legal practitioners for the work contemplated in section 55(h) of the Act, the registrar of deeds, a deputy registrar of deeds, an assistant registrar of deeds, or, in the case where an assistant registrar has not been appointed for a deeds registry, the most senior officer on the staff of the registrar of the deeds registry concerned; and(b)in relation to the fees to be paid to architects and land surveyors for any sectional plan or other plan, the Surveyor-General concerned;“under his direction”, or words to the same effect when used in relation to the taking of measurements, means the personal presence of and the active participation by the land surveyor or architect when the survey is undertaken.2. Application for approval of a development scheme
3. Appeal to Administrator
4. Certificate in respect of leased buildings
The certificate contemplated in section 4(3)(a)(ii) of the Act shall contain the following particulars:5. Draft sectional plans
6. Submission of draft sectional plan to Surveyor-General
7. Field measurements
8. Accuracy and correctness of a draft sectional plan
9. Rate of interest in terms of section 9(3)(b)(i)
The interest rate for purposes of section 9 (3)(b)(i) of the Act, shall be 20 percent per annum.10. Application for opening of sectional title register
11. Certificates of registered sectional title
12. Registration of sectional plans
13. Sectional title registers
14. Certificates of real rights
15. Alteration, amendment, substitution or cancellation of registered sectional plan
16. Registration of transfer of ownership and registration of other rights in respect of parts of buildings
17. Dealings with common property
18. Application for subdivision of a section
19. Registration of subdivision of a section
20. Application for consolidation of sections
21. Registration of consolidation of sections
22. Application for extension of sections
23. Registration of extensions of sections
24. Application for extension of a scheme
25. Registration of extension of a scheme
26. Application for extension of the common property
27. Registration of plan of extension of the common property
28. Exclusive use areas
29. Alienation in one transaction of whole of any interest in land and the building or buildings comprised in a scheme or a share in the whole of such interest
The certificate referred to in section 34(4) of the Act shall be in the form set out in Form U in Annexure 1.30. Rules
31. Destruction of or damage to building and transfer of interest
32. Notification of destruction of building
The notification referred to in section 49(1) of the Act, shall be in the form of Form Y in Annexure 1.33. Keeping of indices
A registrar shall keep the following indices:34. Sectional mortgage bonds
A sectional mortgage bond hypothecating a unit held under a sectional title deed or an exclusive use area or the right to extend a scheme held under a certificate of real right, shall be substantially in the form of Form Z in Annexure 1, and shall be prepared by a conveyancer and be signed by the mortgagor, or his duly authorised agent, in the presence of a conveyancer, and the said form shall be suitably adapted when hypothecating land held under a sectional title deed or a registered notarial lease or sublease or other registered real right.35. Fees of office
36. Fees to be paid to architects and land surveyors
37. Fees and charges of conveyancers and notaries public and of other legal practitioners
38. Endorsement or entries on registered deeds or other documents or in registers
Endorsements or entries required by these Regulations to be made on registered deeds or other documents or in registers may be made thereon or therein by means of rubber stamp or handwriting or typewriting, and shall be signed and dated by the registrar who shall below his signature state the office held by him, and who shall initial any alteration or interlineation to an endorsement or entry.39. Arbitration proceedings
The provisions of the Arbitration Act, 1965 (Act 42 of 1965), shall, in so far as those provisions can be applied, apply mutatis mutandis with reference to arbitration proceedings under the Act.40. Conveyancers’ files
41. Fees payable to a local authority
42. Certified copies
A certified copy of an approved sectional plan shall only be issued by a Surveyor-General and shall not be issued prior to the registration thereof, unless the written consent of the architect and the land surveyor concerned, or any person legally entitled to act on his behalf, is produced to the Surveyor-General: Provided that such consent shall not be required if the Surveyor-General has been supplied with evidence that such architect or land surveyor has unreasonably withheld his consent or has failed to respond in a reasonable time to a notice requesting authorisation for the issue of a certified copy.43. Examination in connection with the preparation of draft sectional plans
History of this document
11 July 2021 amendment not yet applied
Amended by
Sectional Titles Regulations: Amendment
14 October 2020 amendment not yet applied
Amended by
Sectional Titles Regulations: Amendment
27 August 2018 amendment not yet applied
Amended by
Sectional Titles Regulations: Amendment
12 June 2017 amendment not yet applied
Amended by
Sectional Titles Regulations: Amendment
30 July 2015 amendment not yet applied
Amended by
Sectional Titles Regulations: Amendment
14 April 2013 amendment not yet applied
Amended by
Sectional Titles Regulations: Amendment
28 October 2011 amendment not yet applied
Amended by
Sectional Titles Regulations: Amendment
16 April 2010 amendment not yet applied
Amended by
Sectional Titles Regulations: Amendment
28 November 2008 amendment not yet applied
Amended by
Sectional Titles Regulations: Amendment
18 November 2005 amendment not yet applied
Amended by
Sectional Titles Regulations: Amendment
13 May 2005 amendment not yet applied
Amended by
Sectional Titles Regulations: Amendment
25 August 2000 amendment not yet applied
Amended by
Sectional Titles Regulations: Amendment
19 November 1999 amendment not yet applied
Amended by
Sectional Titles Regulations: Amendment
31 October 1997 amendment not yet applied
Amended by
Sectional Titles Regulations: Amendment
30 September 1994 amendment not yet applied
Amended by
Sectional Titles Regulations: Amendment
15 January 1993 amendment not yet applied
Amended by
Sectional Titles Regulations: Amendment
12 June 1992 amendment not yet applied
Amended by
Sectional Titles Regulations: Amendment
01 January 1992 amendment not yet applied
Amended by
Sectional Titles Regulations: Amendment
02 November 1990 amendment not yet applied
Amended by
Sectional Titles Regulations: Amendment
05 October 1990 amendment not yet applied
Amended by
Sectional Titles Regulations: Amendment
03 August 1990 this version
Amended by
Sectional Titles Regulations: Amendment
01 June 1988
Commenced
27 May 1988
08 April 1988
Cited documents 3
Act 3
1. | Deeds Registries Act, 1937 | 2814 citations |
2. | Sectional Titles Act, 1986 | 1321 citations |
3. | Transfer Duty Act, 1949 | 126 citations |