The Sectional Titles Act (“the Act”) allows registration of title to a building or parts of it.
The Act makes provision for dividing buildings into sections together with common property and exclusive use areas. It also makes provision for the transfer of these sections together with the undivided shares in the common property.
Sectional Mortgage Bonds and the registration of rights in sections are also registered in terms of the Act.
Bodies corporate are registered in terms of the Act in order to control common properties and establish rules which regulate the sectional title properties. It is noteworthy that a body corporate is specific to sectional title and a home owner’s association is applicable to free-hold properties.
Common property refers to areas which are accessible to all owners in a sectional title scheme, such as inter alia gardens, passages, driveways and lifts.
An exclusive use area is part of the common property that has been allocated for the exclusive use by an owner of a sectional title unit. This can include parking spaces or verandas.