REGULATIONS IN TERMS OF THE SECTIONAL TITLES ACT NO. 95 OF 1986
I, Jacob Albertus van Wyk, Deputy Minister of Land Affairs, acting in terms of section 55 of the Sectional Titles Act, 1986 (Act 95 of 1986), after consultation with the Sectional Titles Regulation Board hereby make the regulations contained in the Schedule hereby. The regulations come into effect on the date on which the Act comes into operation.
[DATE OF COMMENCEMENT: 1 JUNE, 1988 - see Proclamation 62 of 1988]
SECTIONAL TITLES REGULATIONS
as promulgated in
Government Notice R664 (Government Gazette 11245) of 8 April 1988
[as corrected by GN R991 (Government Gazette 11318) of 27 May 1988]
and amended by
Government Notice R1791 (Government Gazette 12670) of 3 August 1990
Government Notice R2345 (Government Gazette 12767) of 5 October 1990
[as corrected by GN R2542 (Government Gazette 12816) of 2 November 1990]
Government Notice R2653 (Government Gazette 13612) of 8 November 1991
[as corrected by GN R2868 (Government Gazette 13658) of 6 December 1991]
Government Notice R1562 (Government Gazette 14024) of 12 June 1992
Government Notice R60 (Government Gazette 14526) of 15 January 1993
Government Notice R1659 (Government Gazette 15990) of 30 September 1994
Government Notice R1422 (Government Gazette 18387) of 31 October 1997
Government Notice 1357 (Government Gazette 20619) of 19 November 1999
| 1. | Definitions | |||||||||
| In these regulations a word or expression to which a meaning has been assigned in the Act, bears that meaning unless the context otherwise indicates- | ||||||||||
| 'the Act' means the Sectional Titles Act, 1986 (Act 95 of 1986); | ||||||||||
| 'main file' ..... | ||||||||||
| [Definition of 'main file' deleted by GN R2653 of 8 November 1991.] | ||||||||||
| 'professional engineer' means a professional engineer as defined in the Professional Engineers' Act, 1968 (Act 81 of 1968); | ||||||||||
| 'subfile' ..... | ||||||||||
| [Definition of 'subfile' deleted by GN R2653 of 8 November 1991.] | ||||||||||
| 'section [sic] title file' means the file referred to in regulation 13; | ||||||||||
| [Definition of 'section title file' inserted by GN R2653 of 8 November 1991.] | ||||||||||
| 'taxing master' ..... | ||||||||||
| [Definition of 'taxing master' deleted by GN R1422 of 31 October 1997.] | ||||||||||
| 'under his direction' ..... | ||||||||||
| [Definition of 'under his direction' deleted by GN R60 of 15 January 1993.] | ||||||||||
| 2. | ..... | |||||||||
| [Regulation 2 amended by GN R2345 of 5 October 1990 and repealed by GN R1422 of 31 October 1997.] | ||||||||||
| 3. | ..... | |||||||||
| [Regulation 3 repealed by GN R1422 of 31 October 1997.] | ||||||||||
| 4. | Certificate in Respect of Leased Buildings | |||||||||
| The certificate contemplated in section 4 (3) (a) (ii) of the Act shall contain the following particulars: | ||||||||||
| (a) | The name of the scheme; | |||||||||
| [Para. (a) substituted by GN R2653 of 8 November 1991.] | ||||||||||
| (b) | the description and extent of the land upon which the building or buildings comprising the proposed scheme are situated, as reflected in the title deed of such land; | |||||||||
| [Para. (b) substituted by GN R2653 of 8 November 1991.] | ||||||||||
| (c) | the full name and address of the developer; | |||||||||
| (d) | the number of the title deed in respect of the land concerned; | |||||||||
| (e) | the number and description of every separate category of units in the buildings comprised in the scheme; | |||||||||
| (f) | the number of garages and the number of parking places which are provided in the scheme; | |||||||||
| (g) | any facilities available as common property under the scheme; | |||||||||
| (h) | a copy of a report by an architect or a professional engineer in respect of the common property relating to the general physical condition of the building or buildings comprised in the scheme, with specific reference to any defects in the buildings and the services and facilities relating thereto; | |||||||||
| (i) | a specified estimate by the developer or his agent of the annual expenditure in respect of- | |||||||||
| (i) | the repair, upkeep, control, management and administration of the common property; | |||||||||
| (ii) | the payment of rates and taxes and other local authority charges in respect of the building or buildings and land concerned; | |||||||||
| (iii) | the charges for the supply of electricity, gas, water, fuel and sanitary and other services to the building or buildings and land concerned; | |||||||||
| (iv) | insurance premiums; and | |||||||||
| (v) | all other costs in respect of the common property which are normally recovered from the owners of units as contemplated in section 37 (1) (a) of the Act. | |||||||||
| 5. | Draft Sectional Plans | |||||||||
| (1) | A draft sectional plan intended to be approved by a Surveyor-General and registered in a deeds registry shall comply with the following requirements: | |||||||||
| (a) | It shall be prepared on a drawing medium of durable and good quality approved by the Surveyor-General, of any of the following sizes: 297 x 210 mm; 297 x 420 mm or 297 x 841 mm and in black ink of a good quality: Provided that any departure from these requirements shall require the prior approval of the Surveyor-General. | |||||||||
| (b) | Only one side of the sheet shall be used. | |||||||||
| (c) | The binding margin shall be along the 297 mm side and sheets larger than 297 x 210 mm shall be folded to that size with the folds clear of the binding margin: Provided that sheets required by the Surveyor-General shall not be folded. | |||||||||
| (d) | Margins 40 mm wide along the 297 mm binding side of the sheets and 10 mm wide along the other sides, shall be provided and such margins, subject to the provisions of paragraph (h) shall be left free of any writing or drawing. | |||||||||
| (e) | All linear measurements recorded on such plan shall be in metres to two decimal places. | |||||||||
| (f) | If angles or angles of direction are required to be shown on such a plan they shall be expressed to 10 seconds. | |||||||||
| (g) | The scale to which any plan is prepared shall be one of the following: 1/1 000, 1/1 250, 1/1 500, 1/2 000, 1/2 500, 1/3 000, 1/4000, 1/5 000, 1/6 000, 1/7 500, or shall be to any of the above-mentioned scales in which the denominator can be multiplied or divided by ten to any integral power: Provided that- | |||||||||
| (i) | the size of the figure shall be sufficiently large to show all the required details; and | |||||||||
| (ii) | if necessary, block plans, floor plans and cross-sections of a building may be shown on more than one sheet. | |||||||||
| [Para. (g) amended by GN R991 of 27 May 1988 and substituted by GN R60 of 15 January 1993.] | ||||||||||
| (h) | Any addition, alteration or interlineation on a draft sectional plan shall be initialled by the preparer thereof and for this purpose the margin on the right hand side of the sheet opposite such addition, alteration or interlineation shall be used. | |||||||||
| (i) | A Surveyor-General may refuse to approve a draft sectional plan should he be of opinion that such plan is dilapidated or has been prepared in a careless manner or that the appearance thereof is spoilt by additions, alterations or interlineations or that the writing or any drawing thereon does not, owing to faintness or other reasons, ensure durability. | |||||||||
| (j) | The developer shall furnish the architect or land surveyor with all documents and particulars required by him to prepare the draft sectional plan. | |||||||||
| (k) | (i) | If the scheme comprises more than one building, the buildings on the draft sectional plan shall be consecutively numbered commencing with the figure '1'. | ||||||||
| (ii) | All sections in a scheme shall be numbered consecutively on the draft sectional plan commencing with the figure '1'. | |||||||||
| (iii) | The number allocated to a section on the draft sectional plan shall be allocated to all parts of that section. | |||||||||
| (iv) | The numbers allocated to sections on a draft sectional plan of subdivision, consolidation and extension shall continue from the last number used for the scheme: Provided that if a section is extended it shall retain the same number. | |||||||||
| [Sub-para. (iv) substituted by GN R60 of 15 January 1993.] | ||||||||||
| (v) | An exclusive use area shall be uniquely numbered. | |||||||||
| (l) | If boundaries of a section or of a part thereof cannot be defined by reference to its floor, walls and ceiling, such boundaries shall be defined in a manner acceptable to the Surveyor-General. | |||||||||
| (m) | The common boundary between an exclusive use area created in terms of section 27 (1), 27 (2) or 60 (3) of the Act and a section of common property is, in the case of physical features, the median line of the dividing floor, wall, ceiling, fence other similar feature, unless boundaries have been described in a different manner on the sectional plan; otherwise a boundary which is not a physical feature, shall be described in a manner acceptable to the Surveyor-General or in terms of beacons determined in accordance with the provisions of the Land Survey Act, 1927 (Act 9 of 1927), which beacons shall be described, and sufficient data given on such plan to define the area and to determine the location thereof in relation to the building, section or boundaries of the land. | |||||||||
| [Para. (m) substituted by GN R2345 of 5 October 1990 (as corrected by correction notice R2542 of 2 November 1990).] | ||||||||||
| (n) | Each sheet shall contain the following: | |||||||||
| (i) | the title of the sheet; | |||||||||
| (ii) | the sheet number and, in addition thereto, an indication of the number of sheets of which the draft sectional plan shall consist, as follows: | |||||||||
| 'Sheet ........ of ........ sheets'; | ||||||||||
| [Sub-para. (ii) substituted by GN R60 of 15 January 1993.] | ||||||||||
| (iii) | The name and address of the architect or land surveyor concerned or, if he is practising with a firm of architects or land surveyors, his name and the name and address of the firm, all in block letters, the signature of the architect or land surveyor, and his professional designation; | |||||||||
| (iv) | the date on which the architect or land surveyor signed the sheet; | |||||||||
| (v) | a space which shall be provided for the approval certificate of the Surveyor-General; | |||||||||
| (vi) | such notes as the architect or land surveyor may wish to make. | |||||||||
| (2) | A draft sectional plan shall consist of the following sheets which, subject to the provisions of the Act and subregulation (3), shall contain the particulars prescribed by this subregulation: Provided that if such a plan is intended for the purposes of a subdivision, consolidation or extension of a section or sections, or for the extension of a scheme or common property, or in the circumstances referred to in section 27 (2) of the Act, or for the amendment of a scheme due to the destruction of or damage to a building or buildings, or for the amendment of a sectional plan in terms of section 14 (1) of the Act, it need only comprise such sheets as are affected by such amendments, and the heading of such plan shall be styled as an amending sectional plan: | |||||||||
| (a) | A first sheet which shall be substantially in the form of Form AC in Annexure 1 and which shall contain, in addition to the particulars mentioned in subregulation (1) (n), the following: | |||||||||
| (i) | The name of the scheme; | |||||||||
| [Sub-para. (i) substituted by GN R2653 of 8 November 1991.] | ||||||||||
| (ii) | the description of the land as reflected on the relevant approved general plan or approved diagram; | |||||||||
| (iii) | the number of the relevant approved general plan or of the approved diagram of the land; | |||||||||
| (iv) | the number of the section or part of a section that is found in every building: Provided that if a building consists only of common property, it shall be described as such; | |||||||||
| [Sub-para. (iv) substituted by GN R60 of 15 January 1993.] | ||||||||||
| (v) | the nature of any encroachment on the land to which the scheme relates; | |||||||||
| (vi) | a certificate signed by the architect or land surveyor that the draft sectional plan has been prepared from actual measurements taken by him or under his direction: Provided that where the responsibility for the preparation of the draft sectional plan is carried by more than one person, each of such architects or land surveyors shall affix a certificate to this sheet, and such certificate shall disclose to what extent he accepts responsibility for the preparation of the draft sectional plan; | |||||||||
| (vii) | a caveat, if a developer should reserve himself the right under section 25 of the Act to erect a further building or buildings to horizontally or vertically extend an existing building; | |||||||||
| (viii) | the name of the local authority; | |||||||||
| [Sub-para. (viii) substituted by GN R60 of 15 January 1993.] | ||||||||||
| (ix) | ...... | |||||||||
| [Sub-para. (ix) added by GN R60 of 15 January 1993 and deleted by GN R1422 of 31 October 1997.] | ||||||||||
| (x) | the sheet number on which every exclusive use area is found; | |||||||||
| [Sub-para. (x) added by GN R60 of 15 January 1993.] | ||||||||||
| (xi) | space for- | |||||||||
| (aa) | the signature of the registrar and his reference number; and | |||||||||
| (bb) | the signature of the Surveyor-General and his reference numbers. | |||||||||
| [Sub-para. (xi) added by GN R60 of 15 January 1993.] | ||||||||||
| [Para. (a) substituted by GN R2345 of 5 October 1990.] | ||||||||||
| (b) | A sheet or sheets on which a block plan is prepared, which shall, in addition to complying with the provisions of Section 5 (3) (a) of the Act and subregulation (1) (n), contain or indicate the following: | |||||||||
| (i) | a description of contiguous land, and the names of contiguous streets, if any; | |||||||||
| (ii) | (aa) | the position at ground level of the external surfaces of the walls of all buildings shown by a solid line, together with the horizontal distances between each rectilinear cadastral boundary and the buildings nearest to such boundary: Provided that where such external surfaces of any walls are interrupted at ground level by features such as archways, doorways or similar openings, such external surfaces shall likewise be shown by a solid line; | ||||||||
| (bb) | the greatest extent to which the external surfaces, excluding roof overhangs, unless any such overhang encroaches over the cadastral boundary, protrude beyond the external surfaces of the building at ground level shown by distinctive broken lines, together with the horizontal distance between each rectilinear cadastral boundary and the nearest protrusion to such boundary: Provided that if a basement area determined by the internal surfaces of the walls projects beyond the external surface of the building at ground level, such projection shall likewise be shown separately by a distinctive broken line: Provided further that a brief description shall be given of all parts of the building indicated by a distinctive broken line; | |||||||||
| [Sub-para. (ii) substituted by GN R60 of 15 January 1993.] | ||||||||||
| (iii) | any encroachment on the land to which the scheme relates; | |||||||||
| (iv) | any servitude burdening the land reflected on the relevant approved diagram or general plan; | |||||||||
| (v) | a sign indicating the true north direction; | |||||||||
| (vi) | an exclusive use area as referred to in subregulation (1) (m) which shall be delineated by means of distinctive broken lines and shall express the area to the nearest square metre: Provided that if details cannot clearly be shown on the sheet such details may be shown, in an inset or on an additional sheet as contemplated in paragraph (f). | |||||||||
| (c) | A sheet or sheets on which the diagrammatic floor plan in respect of each storey in the building or buildings referred to in section 5 (3) (c) and (d) of the Act are shown and which shall contain, in addition to the particulars mentioned in subregulation (1) (n), the following: | |||||||||
| (i) | the boundaries of the sections shown in a solid line; | |||||||||
| (ii) | the common property areas by means of distinctive broken lines; | |||||||||
| (iii) | an indication of the position of the diagrammatic cross- sections when required in terms of subregulation (3); | |||||||||
| [Sub-para. (iii) substituted by GN R60 of 15 January 1993.] | ||||||||||
| (iv) | the number of each section or part of such section; | |||||||||
| (v) | ..... | |||||||||
| [Sub-para. (v) deleted by GN R2345 of 5 October 1990.] | ||||||||||
| (vi) | a sign indicating the true north direction; | |||||||||
| (vii) | such other information as may be necessary to define each section; | |||||||||
| (viii) | an exclusive use area as referred to in subregulation (1) (m), which shall be delineated by means of distinctive broken lines and shall express the area to the nearest square metre: Provided that if details cannot clearly be shown on the sheet, such details may be shown in an inset or on an additional sheet as contemplated in paragraph (f); | |||||||||
| (d) | ..... | |||||||||
| [Para. (d) deleted by GN R60 of 15 January 1993.] | ||||||||||
| (e) | a sheet or sheets containing in numerical sequence- | |||||||||
| (i) | the floor areas of the sections as referred to in section 5 (3) (e) of the Act; and | |||||||||
| (ii) | the participation quotas in respect of the sections in the Annexure as referred to in section 5 (3) (g) of the Act: Provided that the participation quotas of the separate sections shall be made up in such a way that the total participation quota is equal to 100,0000; | |||||||||
| [Para. (e) substituted by GN R2345 of 5 October 1990.] | ||||||||||
| (f) | a sheet or sheets containing the insets referred to in paragraphs (b) (vi) and (c) (viii). | |||||||||
| [Subregulation (2) amended by GN R2653 of 8 November 1991 and by GN R60 of 15 January 1993.] | ||||||||||
| (3) | A draft sectional plan shall, when uncertainty or ambiguity about the boundaries of a section, as defined in the Act, may exist, contain an additional sheet or sheets that contain diagrammatic cross-sections of the building or buildings of every floor in the building or buildings, detailed sufficiently to indicate the boundaries of every section, and that contain, in addition to the particulars mentioned in subregulation (1) (n), the following: | |||||||||
| (a) | The number of the building and the name or number of every floor; | |||||||||
| (b) | such other information as may be necessary to define every section. | |||||||||
| [Subregulation (3) added by GN R60 of 15 January 1993.] | ||||||||||
| 6. | Submission of Draft Sectional Plan to Surveyor-General | |||||||||
| (1) | The submission of a draft sectional plan to the Surveyor-General in terms of section 7 of the Act for his approval shall be substantially in the form of Form AB in Annexure 1 and shall be accompanied by one paper copy and two copies on durable drawing material of the draft sectional plan concerned. | |||||||||
| [Subregulation (1) substituted by GN R2345 of 5 October 1990.] | ||||||||||
| (2) | In addition to the requirements of Section 7 (2) of the Act, the submission shall also be accompanied by the other documents and plans listed in Form AB in Annexure 1. | |||||||||
| (3) | The field book or field plan shall contain the record of all measurements made in the field. | |||||||||
| (4) | The calculations shall include: | |||||||||
| (a) | The calculations of the dimensions of the sections to the median lines from the field measurements; | |||||||||
| (b) | sufficient calculations to indicate how the area of each section or exclusive use area was determined and how checked; | |||||||||
| (c) | the calculations of the participation quota of each section; | |||||||||
| (d) | a list of co-ordinates of at least two corners or identified permanent features of each building: Provided that the distances between such corners or features shall be adequate to provide an accurate determination of the position of each building: Provided further that the co-ordinates may be listed on the copy of the block plan; | |||||||||
| (e) | a copy of the block plan on which the corners or identified permanent features are indicated and described; | |||||||||
| (f) | the calculations relevant to the fixing and checking of the buildings to the boundaries of the land and exclusive use areas on relation to the building, section or boundaries of the land, or reference to approved survey records where such calculations were carried out. | |||||||||
| [Para. (f) substituted by GN R1422 of 31 October 1997.] | ||||||||||
| (5) | The median dimension plan shall indicate the boundaries and the final dimensions of each section as derived from the field measurements and the consistency adjustments. | |||||||||
| 7. | Field Measurements | |||||||||
| (1) | Measurements by a land surveyor or architect for the preparation of a draft sectional plan shall be made in the field to two decimal places of a metre and recorded, at the time of the measurement in the field, in the field book or on the field plan. | |||||||||
| (2) | Sufficient measurements shall be made to enable all median dimensions to be calculated and checked, so as to be consistent with the dimensions of the building as a whole, and the sections and other details on the draft sectional plan to be correctly depicted. | |||||||||
| (3) | The provisions of the Land Survey Act, 1927 (Act 9 of 1927), and the regulations made thereunder, shall apply to the manner in which and the accuracy to which the survey of buildings and exclusive use areas of which the boundaries are not represented by physical features of permanent nature, shall be performed and to the manner and the form in which the records of such surveys shall be prepared and lodged with the Surveyor-General. | |||||||||
| [Subregulation (3) substituted by GN R2345 of 5 October 1990.] | ||||||||||
| 8. | Accuracy and correctness of a draft sectional plan or sectional plan | |||||||||
| [Heading substituted by GN R60 of 15 January 1993.] | ||||||||||
| (1) | The Surveyor-General may at any time check in the field the accuracy or correctness of a draft sectional plan, sectional plan or any measurement recorded by a land surveyor or architect. | |||||||||
| [Subregulation (1) substituted by GN R60 of 15 January 1993.] | ||||||||||
| (2) | If the Surveyor-General finds a draft sectional plan, sectional plan, or measurement to be incorrect, he may take such action as he may deem fit in terms of the Act. | |||||||||
| [Subregulation (2) substituted by GN R60 of 15 January 1993.] | ||||||||||
| 9. | ..... | |||||||||
| [Regulation 9 repealed by GN R1422 of 31 October 1997.] | ||||||||||
| 10. | Application for Opening of Sectional Title Register | |||||||||
| (1) | An application for the opening of a sectional title register in terms of section 11 (1) of the Act, shall be in the form of Form B in Annexure 1. | |||||||||
| (2) | The application referred to in subregulation (1) shall be accompanied by- | |||||||||
| (a) | the title deed to any registered real right, if the land is subject to such a right, excluding rights to minerals, which title deed shall be suitably endorsed to indicate that the land described therein is subject to a development scheme and is registered in the sectional title register: Provided that where a certificate has been submitted by a conveyancer to the effect that the title deed to such real right is not available, the registrar shall endorse the registry duplicate of such title deed, and, if the original title deed is at any time lodged with the registrar for any purpose, he shall make a similar endorsement thereon; and | |||||||||
| (b) | ..... | |||||||||
| [Para. (b) substituted by GN R2653 of 8 November 1991 and deleted by GN R60 of 15 January 1993.] | ||||||||||
| [Subregulation (2) substituted by GN R2345 of 5 October 1990.] | ||||||||||
| (3) | The schedule contemplated in section 11 (3) (b) of the Act shall, in addition to the particulars prescribed in the section, contain the following: | |||||||||
| (i) | The name of the scheme. | |||||||||
| (ii) | The full name and address of the developer. | |||||||||
| (iii) | The number of the title deed of the land concerned. | |||||||||
| (iv) | In the event of land defined on an approved diagram, the number of the title deed with which the diagram is filed. | |||||||||
| [Subregulation (3) added by GN R60 of 15 January 1993.] | ||||||||||
| 11. | Certificates of Registered Sectional Title | |||||||||
| (1) | A certificate of registered sectional title referred to in section 11 (3) (f) of the Act, shall be in the form of Form C in Annexure 1, shall be signed and dated by the registrar and shall be sealed with his seal of office. | |||||||||
| (2) | to (4) inclusive ..... | |||||||||
| [Subregulations (2) to (4) inclusive deleted by GN R2653 of 8 November 1991.] | ||||||||||
| (5) | Certificates of registered sectional title shall be on paper of durable and good quality of the size known as A4 standard paper and shall be written, typed or printed in size not less than 2 mm, with black ink of a good quality only. | |||||||||
| (6) | A certificate of registered sectional title which does not comply with the requirements of subregulation (5), shall be rejected by the registrar. | |||||||||
| (7) | (a) | Subject to the provisions of paragraph (b) a certificate of registered sectional title shall be lodged in duplicate with the registrar. | ||||||||
| (b) | Where a procedure is followed in a deeds registry of reproducing deeds and documents and of keeping such reproduction instead of such deed or document, it shall, notwithstanding anything to the contrary in these Regulations, not be necessary to lodge a duplicate original of such deed or document for filing in the deeds registry, and upon registration such deed or document shall be deemed to be the copy filed in the deeds registry until such time as the reproduction of the deed or document is filed in lieu thereof: Provided that the provisions of this paragraph shall not be applied in a deeds registry until the Chief Registrar of Deeds has instructed the registrar of the office concerned in writing. | |||||||||
| [Subregulation (7) substituted by GN R2653 of 8 November 1991.] | ||||||||||
| (8) | The provisions of this regulation shall apply mutatis mutandis with reference to any certificate of registered sectional title or sectional title deed issued under any other provision of the Act. | |||||||||
| 12. | Registration of Sectional Plans | |||||||||
| (1) | The distinctive number allotted to a sectional plan in terms of section 12 (1) (a) of the Act, shall be a consecutive number, starting each year with the figure '1', and shall be followed by an oblique line and the year in which the sectional plan is registered. | |||||||||
| (2) | ..... | |||||||||
| [Subregulation (2) deleted by GN R2653 of 8 November 1991.] | ||||||||||
| (3) | A registrar may refuse to register a sectional plan should he be of the opinion that such plan is dilapidated. | |||||||||
| 13. | Sectional Title Registers | |||||||||
| (1) | The sectional title register as contemplated in section 12 (1) (b) of the Act, shall be opened by means of a sectional title file as set out in Forms D in Annexure 1. | |||||||||
| [Subregulation (1) substituted by GN R2653 of 8 November 1991.] | ||||||||||
| (2) | The file number allotted to the sectional title file, shall be the same as the number allotted to the sectional plan. | |||||||||
| [Subregulation (2) substituted by GN R2653 of 8 November 1991.] | ||||||||||
| (3) | ..... | |||||||||
| [Subregulation (3) deleted by GN R2653 of 8 November 1991.] | ||||||||||
| (4) | In the sectional title file shall be filed- | |||||||||
| (a) | the documents referred to in section 11 (3) of the Act, with the exception of the certificates of registered sectional title, the owner's copy of the title deed of the land and the bond; | |||||||||
| [Para. (a) substituted by GN R2653 of 8 November 1991.] | ||||||||||
| (b) | the copy of any notice to the Surveyor-General and the local authority of the registration or cancellation of the registration of a sectional plan or of the reversion of land to the land register; | |||||||||
| (c) | correspondence relating to the scheme concerned as a whole; | |||||||||
| [Para. (c) substituted by GN R2653 of 8 November 1991.] | ||||||||||
| (d) | ..... | |||||||||
| [Para. (d) deleted by GN R2653 of 8 November 1991.] | ||||||||||
| [Subregulation (4) amended by GN R2653 of 8 November 1991.] | ||||||||||
| (5) | ..... | |||||||||
| [Subregulation (5) deleted by GN R2653 of 8 November 1991.] | ||||||||||
| (6) | Where a procedure is followed in a deeds registry of reproducing documents and of keeping such reproduction instead of such document and of maintaining a register as referred to in section 12 (1) (c), the sectional title file referred to in subregulation (4) may be substituted by such reproductions and register: Provided that the sectional title file shall be maintained for certain documents should the Chief Registrar of Deeds so determine. | |||||||||
| [Subregulation (6) substituted by GN R2653 of 8 November 1991.] | ||||||||||
| 14. | Certificates of Real Rights | |||||||||
| (1) | The certificates of real right referred to in section 12 (1) (e) of the Act, shall be in the form of Form F in Annexure 1. | |||||||||
| (2) | The certificate of real right referred to in section 25(6) of the Act, shall be in the form of Form R in Annexure 1, and shall be accompanied by the written consent of all the members of the body corporate and of every holder of a bond over a unit in the scheme. | |||||||||
| (3) | The certificate of real right referred to in section 12 (1) (f) of the Act, shall be in the form of Form G in Annexure 1. | |||||||||
| 15. | Alteration, Amendment, Substitution or Cancellation of Registered Sectional Plan | |||||||||
| (1) | ..... | |||||||||
| [Subregulation (1) deleted by GN R1422 of 31 October 1997.] | ||||||||||
| (2) | The provisions of regulation 5 shall apply mutatis mutandis to a draft sectional plan which is to be substituted for a registered sectional plan. | |||||||||
| (3) | The registrar shall forward a copy of a sectional plan which is substituted for a registered sectional plan to the local authority concerned. | |||||||||
| (4) | Whenever the registrar amends the relative sectional title deed as required by section 14 (5) of the Act, he shall endorse thereon that the amendment has been effected in accordance with an alteration, amendment or substitution of the registered sectional plan. | |||||||||
| (5) | Whenever the registration of a sectional plan is cancelled on the application of the developer in terms of section 14 (6) of the Act, the registrar shall make the necessary endorsement on- | |||||||||
| (a) | each of the relevant sectional title deeds; | |||||||||
| (b) | the titles to any real rights, with the exclusion of mineral rights; and | |||||||||
| (c) | on the schedule referred to in section 11 (3) (b). | |||||||||
| [Subregulation (5) substituted by GN R2653 of 8 November 1991.] | ||||||||||
| (6) | (a) | Whenever the registration of the sectional plan is cancelled, the registrar shall make the alterations, amendments, endorsements and entries in the relevant land register and records which are necessary to effect the reversion of the land to the land register. | ||||||||
| (b) | Any entry referred to in paragraph (a) shall contain a reference to the number of the relevant sectional plan. | |||||||||
| (7) | Whenever the registration of a sectional plan is cancelled, the registrar shall, if a certificate of registered title referred to in section 14(7) of the Act is not issued by him, revive the developer's title deed of the land referred to in section 11 (3) (c) of the Act by making an appropriate endorsement on the title deed under his signature and date. | |||||||||
| 16. | Registration of Transfer of Ownership and Registration of Other Rights in Respect of Parts of Buildings | |||||||||
| (1) | (a) | Simultaneously with the establishment of a body corporate in terms of section 36 (1) of the Act the registrar shall issue a certificate in the form of Form W in Annexure 1: Provided that the registrar may, on application being made by a body corporate in respect of which such certificate has not been issued prior to 1 June 1981, issue such certificate after the date of establishment of such body corporate. | ||||||||
| (b) | (i) | A draft certificate in the form prescribed in paragraph (a) shall be prepared by a conveyancer and lodged in duplicate with the registrar. | ||||||||
| (ii) | The original certificate shall be filed in the sectional title file and the duplicate thereof shall be delivered to the conveyancer. | |||||||||
| [Para. (b) substituted by GN R2653 of 8 November 1991.] | ||||||||||
| (c) | Once a certificate has been issued in terms of paragraph (a), no further such certificate shall be issued in respect of the building concerned, but if required the registrar may issue a certified copy of the original certificate. | |||||||||
| (2) | The deed of transfer referred to in section 15B (1) of the Act, shall be in the form of Form H in Annexure 1. | |||||||||
| [Subregulation (2) substituted by GN R2653 of 8 November 1991.] | ||||||||||
| (3) | Where consent to which reference is made in regulation 30 (2) is required, it shall be lodged with the deed of transfer. | |||||||||
| [Subregulation (3) substituted by GN R2653 of 8 November 1991.] | ||||||||||
| (4) | An application referred to in section 15B (5) of the Act, shall be in the form of Form I in Annexure 1. | |||||||||
| &nbs | ||||||||||