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Sectional Titles Act: Amendments to Regulations Gazetted

Department of Rural Development and Land Reform

Amendments to regulations made under Sectional Titles Act 95 of 1986 have been published in the Government Gazette.

They can be found in notice 805 of Government Gazette 9596 dated 28 October 2011 and will come into operation one month from that date.

The regulations were originally promulgated on 8 April 1988 in notice R664.

Inter alia, the amendments affect administrative procedures in respect of:

•    the common boundary between an exclusive-use area and a section or common property;
•    the right to an exclusive-use area;
•    lost or destroyed schedules of servitudes;
•    cancelling the registration of a sectional plan;
•    replacement documentation;
•    amendments to management rules;
•    sectional mortgage bonds; and
•    a body corporate financial year end.

The amendments will align the regulations to the provisions of Sectional Titles Amendment Act 11 of 2010, together with technical changes made to the act in terms of Rural Development and Land Reform General Amendment Act 4 of 2011.

The department of rural development and land reform is responsible for administering the Sectional Titles Act, dealing primarily with registration- and survey-related issues.

Once in operation, Sectional Titles Schemes Management Act 8 of 2011 will give effect to cabinet’s strategy for bringing all housing-related legislation under the administration of the department of human settlements, whose mandate includes “the entire residential market”.

Sabinet Cape Town Office

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