Sectional Titles Act, 1986 (Act No. 95 of 1986)Part V : Extension of Schemes26. Extension of schemes by addition of land to common property |
| (1) | [Section 26(1) repealed by section 10(a) of the Schedule of Act No. 8 of 2011] |
| (2) | Land purchased or otherwise acquired by the body corporate in terms of section 5(1)(d) of the Sectional Titles Schemes Management Act shall be deemed to be owned by the owners of the sections in the building concerned in the same proportion as their participation quota as reflected on the relevant sectional plan. |
[Section 26(2) substituted by section 10(b) of the Schedule of Act No. 8 of 2011]
| (3) | [Section 26(3) deleted by section 19(b) of Act No. 44 of 1997] |
| (4) | The provisions of section 7(2), (3) and (4) shall apply with the necessary changes to the preparation and submission to the Surveyor-General of a draft plan of extension of the common property, and the approval of such plan by him or her. |
[Section 26(4) substituted by section 19(c) of Act No. 44 of 1997]
| (5) | The registrar shall, upon the submission of the prescribed documents, register a plan of extension of the common property in terms of this section by making an endorsement on the relevant title deed to reflect that the land concerned has been incorporated in the sectional plan, shall make such further endorsements and entries in his or her records as may be necessary to give effect thereto, and shall furnish a copy of the sectional plan of extension to the local authority concerned and notify the Surveyor-General of the registration of such plan of extension, and thereupon the Surveyor-General shall amend the original sectional plan and deeds office copy of the sectional plan to reflect such extension. |
[Section 26(5) substituted by section 7 of Act No. 29 of 2003]
| (6) | The registrar shall not register a plan of extension in terms of this section if the additional land to be incorporated as common property is subject to a mortgage bond. |
| (7) | Upon the registration of a plan of extension of the common property in terms of this section, such plan shall be deemed to be incorporated in the sectional plan registered in terms of section 12(1)(a), and the land to which such sectional plan of extension relates shall be deemed to be incorporated as common property in such registered sectional plan. |
| (8) | The provisions of subsections (4) to (7) apply with the necessary changes to instances where land, to extend the common property, is purchased or acquired by the developer. |
[Section 26(8) inserted by section 12 of Sectional Titles Amendment Act, 2022, Notice No. 1545, GG47830, dated 5 January 2023 - effective 5 January 2023]
(9)
| (a) | Where a developer purchases or otherwise acquires land to extend the common property, an affidavit by such developer must be submitted to the registrar, to the effect that at the date of purchase or acquisition of such land no unit in the scheme has been sold, donated or exchanged, or if a unit was so alienated but not yet registered in the name of the acquirer, the developer had disclosed in writing to the acquirer thereof that application has been made for the registration of a plan of extension of the common property. |
| (b) | A deed of alienation in which the extension has not been disclosed, shall be voidable at the option of the acquirer. |
[Section 26(9) inserted by section 12 of Sectional Titles Amendment Act, 2022, Notice No. 1545, GG47830, dated 5 January 2023 - effective 5 January 2023]