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Legal Matters - Dec 2019

Subdividing or consolidating your sectional title unit?


Subdividing or consolidating your sectional title unit?

Are you the owner of a sectional title unit and have you ever thought that it would have been nice if you could sub-divide your sectional title unit into two units? Perhaps you have adult children needing their own place or your mother-in-law moved in and you want to give her a space of her own?

Or do you feel that your unit is too small and since your neighbour has put his unit in the market, you dream of just breaking through the wall and then you will have one nice big unit?

You may be surprised to know that it is possible in law to consolidate two units into one unit or to subdivide a sectional title unit into more than one unit.

How do you do that?
In terms of Sections 22 and 23 of the Sectional Titles Act, a person must first and foremost obtain the consent from the trustees of the body corporate of that sectional scheme. Once the trustees have consented, the owner should instruct an architect or a land surveyor to draft sectional plans for the consolidation of two units or the subdivision of a single unit. These plans must then be approved by
the municipality.

We should also keep in mind that if any bank has registered a mortgage bond over the affected unit or units, the owner will need to obtain the consent of the bank before a unit or units can be subdivided or consolidated. Your conveyancer will be able to assist you with the necessary consents in the correct format to be obtained from the bank.

The conveyancer will also ensure that all documents are in order and depending on whether it is a subdivision or a consolidation, the necessary application will be drafted to register the sectional plan. This application together with all supporting documents will be lodged at the Deeds Office for registration.

In the case of subdivision of a unit, you will further apply to the Registrar of Deeds to issue two new title deeds in lieu of the one title now held. With the consent of the bank, the bond will be registered over both newly formed units.

In the case of a consolidation of two units, you will apply to the Registrar of Deeds to issue one title deed and surrender the two previous title deeds. The bond of the bank will be registered over the newly formed larger unit.

We trust you now have some insight into what can be achieved, but strongly advise that you consult your trusted conveyancer from the beginning of the process in order to ensure that the process runs as smoothly as possible.


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