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South
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NATIONAL LEGISLATION OVERVIEWS
NATIONAL LEGISLATION OVERVIEWS
Sectional Titles Act, No. 95 of
1986
Long title
To provide for the division of buildings into sections and common property and for the acquisition of separate ownership in sections coupled with joint ownership in common property; the control of certain incidents attaching to separate ownership in sections and joint ownership in common property; the transfer of ownership of sections and the registration of sectional mortgage bonds over, and real rights in, sections; the conferring and registration of rights in, and the disposal of, common property; and the establishment of a sectional titles regulation board; and to provide for incidental matters.
[... Long title amended by Act 2011_008_020_20110614 Sch Item1]**
Table of contents
Legislation Text Access Point
To provide for the division of buildings into sections and common property and for the acquisition of separate ownership in sections coupled with joint ownership in common property; the control of certain incidents attaching to separate ownership in sections and joint ownership in common property; the transfer of ownership of sections and the registration of sectional mortgage bonds over, and real rights in, sections; the conferring and registration of rights in, and the disposal of, common property; and the establishment of a sectional titles regulation board; and to provide for incidental matters.
[... Long title amended by Act 2011_008_020_20110614 Sch Item1]**
Table of contents
| SECTION | TITLE |
| DIVISION OF SECTIONS | |
| DEFINITIONS | |
| 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 |
| 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 |
| 9. | ... [...
repealed by Act 1997_044_005_19981003 - was entitled "Prohibition of
certain acts before opening of sectional title register"] |
| 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. | Preparation of deeds by conveyancer [... Title amended by Act 1991_063_009_19910522 - was entitled "Registration of transfer of ownership and other rights"] |
| 15A, | Proof of certain facts in connection with deeds and documents by means of certain certificates [... inserted by Act 1991_063_010_18810522] |
| 15B. | Registration of transfer of ownership and other rights [... inserted by Act 1991_063_010_18810522] |
| 16. | Ownership of common property |
| 17. | Alienation and letting of common property [... Title amended by Act 2003_029_004_20031114 - was entitled "Dealings with common property"] |
| 18. | Transfer of
mortgaged unit,
undivided share,
common property or land, and cession of
mortgaged lease or
real right |
| 19. | Expropriation of common property or rights therein |
| PART IV. SUBDIVISION, CONSOLIDATION AND EXTENSION OF SECTIONS | |
| 20. | ... [... repealed by Act 1997_044_013_19971003 - was entitled "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 and exclusive use areas or by addition of exclusive use areas only [... Title amended by Act 2003_029_006(a)_20031114 - was entitled "Extension of schemes by addition of sections"] [ Title amended by Act 2010_011_008_20101207 - was entitled "Extension of schemes by addition of sections and exclusive use areas"] |
| 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 |
| 27A. | ... [... inserted by Act 1997_044-021-19971003] [... repealed by Act 2011_008_020_20110614 Sch Item12 - was entitled "Rules regarding exclusive use areas"] |
| 28. | Implied servitudes |
| 29. | Creation of servitudes |
| 30. | Ancillary servitudal rights |
| 31. | Deeds Registries Act and implied servitudes |
| PART VII. PARTICIPATION QUOTAS AND DEVELOPERS | |
| 32. | Participation quotas |
| 33. | Sale or letting of sections |
| 34. | Shares of developers in buildings and land |
| PART VIII. RULES AND BODIES CORPORATE | |
| 35. | ... [... repealed by Act 2011_008_020_20110614 Sch Item17 - was entitled "Rules"] |
| 36. | Bodies corporate |
| 37. | ... [... repealed by Act 2011_008_020_20110614 Sch Item19 - was entitled "Functions of bodies corporate"] |
| 38. | ... [... repealed by Act 2011_008_020_20110614 Sch Item19 - was entitled "Powers of bodies corporate"] |
| 39. | ... [... repealed by Act 2011_008_020_20110614 Sch Item19 - was entitled "Creation of servitudes"] |
| 40. | ...[... repealed by Act 2011_008_020_20110614 Sch Item19 - was entitled "Fiduciary position of trustees"] |
| 41. | ... [... repealed by Act 2011_008_020_20110614 Sch Item19 - was entitled "Proceedings on behalf of bodies corporate"] |
| 42. | ... [... repealed by Act 2011_008_020_20110614 Sch Item19 - was entitled "Powers of curatores ad litem"] |
| 43. | ... [... repealed by Act 2011_008_020_20110614 Sch Item19 - was entitled "Security for costs by applicant for appointment of curatores ad litem"] |
| PART IX. OWNERS, ADMINISTRATORS AND BUILDINGS | |
| 44. | ... [... repealed by Act 2011_008_020_20110614 Sch Item19 - was entitled "Duties of owners"] |
| 45. | ... [... repealed by Act 2011_008_020_20110614 Sch Item19- was entitled "Insurance by owners"] |
| 46. | ... [... repealed by Act 2011_008_020_20110614 Sch Item19 - was entitled "Appointment of administrators"] |
| 47. | ... [... repealed by Act 2011_008_020_20110614 Sch Item19 - was entitled "Recovery from owners of unsatisfied judgment against bodies corporate, and non-liability of bodies corporate for debts and obligations of developers"] |
| 48. | ... [... repealed by Act 2011_008_020_20110614 Sch Item19 - was entitled "Destruction of or damage to buildings"] |
| 49. | Disposal on destruction of buildings |
| 50. | Unencumbered sections destroyed by State or local authority |
| 51. | ... [...
repealed by Act 2011_008_020_20110614 Sch Item21 - was entitled
"Valuation of land and buildings and recovery of rates by local
authorities"] |
| PART X. MISCELLANEOUS | |
| 52. | ... [... repealed by Act 1997_044_026_19971003 - was entitled "Delegation of powers, functions and duties by local authorities"] |
| 53. | Section 37 of Rent Control Act, 1976, not applicable to certain leases of sections |
| 54. | Sectional titles regulation board |
| 55. | Regulations |
| 56. | Notice of applications to Court |
| 57. | Exemption from liability |
| 58. | Powers of Surveyor-General regarding sectional plans registered in terms of Sectional Titles Act, 1971 |
| 59. | Repeal of laws |
| 60. | Savings and transitional provisions |
| 60A. | Further savings and transitional provisions [... inserted by 1993_200_237(3)-Proc-v19970131_17753_0379_0009] |
| 61. | Short title and commencement |
| Sch. | SCHEDULE. LAWS REPEALED [s59; s60] |
Legislation Text Access Point
| Date published | Versions [To check whether a version has commenced, and how it was commenced, please see the Timeline for the Act, and the Annotated Text for the version.] |
Access Official Gazette PDF | Request Subscription Fee | Subscriber Access |
| 1986/09/17 | As unamended Act 1986_095_000_19860917 | EXT.LINK | REQ.INFO | LINK |
| 1991/05/22 | As amended by Act 1991_063_000_19910522 . | N/A | REQ.INFO | LINK |
| 1992/03/11 | As amended by Act 1992_007_000_19920311 . | N/A | REQ.INFO | LINK |
| 1993/03/10 | As amended by Act 1993_015_000_19930310 . | N/A | REQ.INFO | LINK |
| 1993/12/17 | As amended by Act 1993_170_000_19931217 . | N/A | REQ.INFO | LINK |
| 1997/01/31 | As amended by Act 1993_200_237(3)-Not-v19970131_17753_0379_0009 | N/A | REQ.INFO | LINK |
| 1997/10/03 | As amended by Act 1997_044_000_19971003 . | N/A | REQ.INFO | LINK |
| 1999/12/15 | As amended by Act 1999_050_000_19991215 . | N/A | REQ.INFO | LINK |
| 2003/11/11 | As amended by Act 2003_029_000_20031114 . | N/A | REQ.INFO | LINK |
| 2003/11/26 | As amended by Act 2003_024_000_20031126 . | N/A | REQ.INFO | LINK |
| 2005/07/13 | As amended by Act 2005_007_000_20050713 . | N/A | REQ.INFO | LINK |
| 2005/08/15 | As amended by Act 2003_024_000_20050815 (as amended by 2005_011_001_20050815 Sch)** . | N/A | REQ.INFO | LINK |
| 2006/07/25 | As amended by Act 2006_006_000_20060725 . | N/A | REQ.INFO | LINK |
| 2010/12/07 | As amended by Act 2010_011_000_20101207 . | N/A | REQ.INFO | LINK |
| 2011/05/16 | As amended by Act 2011_004_000_20110516 . | N/A | REQ.INFO | LINK |
| 2011/06/14 | As amended by Act 2011_008_000_20110614 . | N/A | REQ.INFO | LINK |
| 2013/12/18 | As amended by Act 2013_033_000_20131218 . | N/A | REQ.INFO | LINK |
| 2023/01/05 | As amended by Act 2022_013_000_20230105 . | N/A | REQ.INFO | LINK |
| As amended by ... | N/A | REQ.INFO | LINK |
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