Titles Amendment Bill, 2006, in the National Assembly in 2006.
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STAATSKOERANT, 12 ME1 2006 No.
The Sectional Tittes Amendment Bill, 2005 (hereinafter referred to as "the Bill"), proposes certain amendments to the Sectional Titles Act, 1986 (Act No.
(hereinafter referred to as "the Act").
pursuant to the repeal of the Land Survey Act, 1927 (Act No. 9 of 1927), in order to reflect the correct statutory position.
"sectional mortgage bond". Exclusive use areas are part of the common property set aside for the exclusive use by owners of sections in a sectional title scheme.
Despite the connection between the exclusive use areas and the relevant sections, the Act does not provide for the registration of sectional mortgage bonds over exclusive use areas. The proposed amendment seeks to extend the registration of sectional mortgage bonds to exclusive use areas and undivided shares in exclusive use areas. It also seeks to harmonise the periods between registered and unregistered leases or subleases and eliminates the perception that a short-term lease is receptive to the registration of a sectional mortgage bond.
STAATSKOERANT, 12 ME1 2006 No.28798 37 2.
of the Act grants to the joint owner of a unit the right to apply to the registrar of deeds for a certificate of registered sectional title in respect of such owner's undivided share in the unit.
entitles a developer to reserve the right in a sectional plan to erect for his personal account, a further building or buildings, a horizontal extension of an existing building or a vertical extension of an existing building on a specified part of the common property. The developer has the right to divide the building or buildings into a section or sections and common property and to confer the right of exclusive use over parts of the common property upon the owner or owners of the sections. It is also proposed that joint owners may apply either for a registered sectional title or a certificate of real right.
of the Act empowers the body corporate to purchase land to extend the common property but does not provide for the acquisition of land in any other manner.
of the Bill seeks to empower the body corporate to also acquire land otherwise, for example, by donation, exchange or bequest. Land acquired by the body corporate must be registered in the name of the body corporate.
of the Act, is a consequential amendment pursuant to the proposed amendment of section 26(1).
nine years or longer.
has not been amended accordingly.
of the original definition of 'owner, has thus become obsolete.
2.5 The Act contains references to the Land Survey Act, 1927 (Act No.9 of 1927), which was repealed by the Land Survey Act, 1997 (Act No.8 of 1997). The proposal in clause 5 of the Bill seeks to reflect the correct statutory position.
2.6 Clause 6 of the Bill contains the short title.
There are no constitutional implications.
7.1 The State Law Advisers and the Department of Land Affairs are of the opinion that this Bill must be dealt with in accordance with the procedure established by section 75 of the Constitution, since it contains no provision to which the procedure set out in section 74 or section 76 of the Constitution applies.
(Act No. 41 of 2003), since it does not contain provisions pertaining to customary law or customs of traditional communities.