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How do I go about to extend my section?
09 July 2018
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You own a sectional title unit and love the view from your patio, but you would also like to enjoy it on a windy day, so you decide to enclose it. If you however think that this is a simple decision, easily implemented, think again.
When you intend to make structural alterations to your unit, you will have to do a lot more than merely obtain comparative quotes. Any renovation that extends past the median line as shown on the sectional plan and results in extending the boundaries or floor area of your section, must be done in strict compliance with section 24 of the Sectional Titles Act 95 of 1986. This applies to any extension whether horizontally or vertically.
So what does this mean and where to begin?
After the local authority approved your building plans, you must obtain the consent of the body corporate, authorised by a special resolution. Usually the trustees will hold a special general meeting and you will require the consent of 75 percent of the owners present at the meeting. This could be time-consuming as the members have to be notified of the meeting thirty days in advance. Alternatively, you can obtain a special resolution by approaching all the owners individually and obtaining the written consent of 75% of the members.
Your next step will be to amend the existing Sectional Plan of the scheme. For this purpose you will have to appoint an architect or land surveyor to submit a draft plan of extension to the Surveyor General for approval, which has to be registered in the Deeds Office by your Conveyancer.
Should your planned extension cause an alteration of more than 10% of your participation quota in the scheme, which is calculated on the additional square meterage of your section, the bond holders over all the sections in the complex must approve the proposed extension. Notice to all bond holders must be sent by registered post, giving details of the proposed extension in relation to its size and location, as well as the impact of the security of such bond holder as to the reduction of the participation quota allocated to the mortgaged unit.
If the increase in the square meterage of the section has an impact on the participation quota, this may further result in an increase in levies payable.
The actual building cost of your renovation should accordingly never be considered in isolation when you want to determine whether an extension would be cost effective or not.
It would be wise to discuss any proposed extension of your unit with a Conveyancer to obtain an estimation of legal costs involved and for more detailed information regarding the prescribed process to be followed, to ensure compliance with all relevant legislation.
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