| (a) | ownership in any unit or land, or any undivided share in such unit or land, held under a sectional title deed shall, subject to the provisions of this Act or any other law, be transferred by means of a deed of transfer signed or attested by the registrar: Provided that where the State acquires all the units or land held under any sectional title deed, whether by way of expropriation or otherwise, or where a local authority by virtue of the provisions in any other law contained, acquires all the units or land held under a sectional title deed by any other such authority, the registrar shall make such alterations and entries in his registers and such endorsements on any such title deed as may be necessary to register transfer to the State or such authority, as the case may be, of the property so acquired free of charge, and that the provisions of section 31(4)(a) of the Deeds Registries Act, 1937 (Act No. 47 of 1937), shall apply mutatis mutandis in respect of such a transfer by endorsement; |
| (b) | the registrar shall register any notarial lease of a unit or an undivided share in a unit and any notarial cancellation or modification of such a lease by means of an endorsement made by him on the sectional title deed, and he shall register any notarial sublease and any notarial cession of such a lease or sublease and any notarial cancellation or modification of such a sublease by means of an endorsement made by him on the lease in question: Provided that if any such lease or sublease has lapsed by effluxion of time, the registrar shall cancel the registration on production of proof that the lease or sublease has so lapsed; |
| (c) | the registrar shall register any sectional mortgage bond by which a unit or an undivided share in a unit or land held under a sectional title deed, or a registered lease or sublease of a unit or an undivided share in a unit or such land, or any registered real right in or over any such unit or undivided share in a unit or land, is hypothecated, and any cession, cancellation or modification of such bond, by means of an endorsement made by him on the sectional title deed or on the registered lease or sublease or bond or other deed; |
| (d) | the registrar shall register any other real right (which is embodied in a notarial deed) in or over a unit or an undivided share in a unit or land held under a sectional title deed, and any notarial cancellation or modification of such a real right, by means of an endorsement made by him on the sectional title deed: Provided that in the case of any registered real right which has lapsed for any reason, the registrar shall cancel the registration on production of proof that the real right has lapsed; and |
| (e) | the registrar must note the lapsing on the title deed of the right so reserved, if available, where a right in respect of a reservation in terms of section 25 has lapsed, on application by the developer or by the body corporate in instances where the developer is no longer in existence: Provided that where the title deed of the right is not available, an affidavit must be submitted by the developer or by the body corporate, as the case may be, to the effect that the title deed to such right is not available, whereupon the registrar must endorse the deeds registry duplicate thereof, and, if the original title deed is at any time lodged with the registrar, he or she must make a similar endorsement thereon. |
[Section 15B(1)(e) inserted by section 4 of Sectional Titles Amendment Act, 2022, Notice No. 1545, GG47830, dated 5 January 2023 - effective 5 January 2023]
| (2) | Notwithstanding anything to the contrary in any other law contained, it shall not be necessary to annex a diagram to any sectional title deed under which a unit or an undivided share in a unit is held, if reference is made in such deed to the registered sectional plan. |
| (3) | The registrar shall not register a transfer of a unit or of an undivided share therein, unless there is produced to him— |
| (a) | a conveyancer's certificate confirming that as at date of registration— |
| (aa) | if a body corporate is deemed to be established in terms of section 2(1) of the Sectional Titles Schemes Management Act, that body corporate has certified that all moneys due to the body corporate by the transferor in respect of the said unit have been paid, or that provision has been made to the satisfaction of the body corporate for the payment thereof; or |
[Section 15B(3)(a)(i)(aa) substituted by section 4(a) of the Schedule of Act No. 8 of 2011]
| (bb) | if a body corporate is not deemed to be established, no moneys are payable; |
| (ii) | no real right of extension of a scheme as contemplated in section 25 is registered in favour of a developer or the body corporate or, if such right is so registered, that it is disclosed in the deed of alienation to the transferee as contemplated in section 25(14) or, if it is not so disclosed, that the transferee after the conclusion of the deed of alienation has in writing exercised his or her option in terms of section 25(15) and that he or she has elected not to annul the alienation on the ground of the said defect; |
[Section 15B(3)(a) substituted by section 10(a) of Act No. 44 of 1997]
| (b) | a clearance certificate from the local authority that all rates and moneys due to such local authority in terms of any law in respect of the land and buildings of the scheme have been paid if— |
| (i) | provision is made by law for the separate rating of units; or |
| (ii) | the transfer will result in the establishment of a body corporate in terms of section 2 of the Sectional Titles Schemes Management Act; |
[Section 15B(3)(b)(ii) substituted by section 4(b) of the Schedule of Act No. 8 of 2011]
[Section 15B(3)(b) substituted by section 10(a) of Act No. 44 of 1997]
| (c) | if the transferor is a developer, an affidavit by the developer in which it is declared whether the relevant unit is a unit to which the provisions of section 10 apply or not and, if those provisions so apply, that the transfer is effected in terms of a contract which is not contrary to any provision of that section. |
| (4) | A unit shall be capable of being held by two or more persons in joint ownership. |
| (i) | the joint owner of a unit; or |
| (ii) | the joint holder of a right to an exclusive use area; or |
| (iii) | the joint holder of a right referred to in section 25( 1), |
held by such person and one or more other persons under one sectional title deed, certificate of real right or notarial deed of cession, as the case may be, may, upon application to the registrar in the prescribed manner, obtain a certificate of registered sectional title or a certificate of real right in the prescribed form in respect of his or her undivided share in such unit, right to an exclusive use area or right referred to in section 25(1).
| (b) | No transfer or cession of a fraction of an undivided share— |
| (ii) | right to an exclusive use area; or |
| (iii) | right referred to in section 25(1), |
and no hypothecation or lease of the whole or fraction of such undivided share shall be registered in a deeds registry unless a certificate of registered sectional title or certificate of real right in respect of such undivided share is produced to the registrar.
[Section 15B(5) substituted by section 2 of Act No. 6 of 2006]
| (5A) | Subsection (5) shall apply, with the necessary changes, to any person who is the owner of a unit or the owner of a share in such unit and who contemplates obtaining a certificate of registered sectional title of any fraction of his or her undivided share in such unit. |
[Section 15B(5A) inserted by section 6 of Act No. 11 of 2010]
| (6) | [Section 15B(6) deleted by section 10 of Act No. 44 of 1997]. |
| (7) | A certificate of registered sectional title mentioned in subsection (5A) may be obtained upon written application in the prescribed form by the owner to the registrar. |
[Section 15B(7) inserted by section 4 of Act No. 33 of 2013]
| (8) | An application under subsection (7) shall be accompanied by— |
| (a) | the sectional title deed of the unit; |
| (b) | any sectional mortgage bond registered over the unit or over any registered real rights over the unit; |
| (c) | any title deeds of registered real rights over the unit; and |
| (d) | the certificate of registered sectional title in the prescribed form. |
[Section 15B(8) inserted by section 4 of Act No. 33 of 2013]
| (9) | Before issuing a certificate contemplated in subsection (7), the registrar must make upon the deeds and bonds as referred to in subsection (8)(a) to (c), an endorsement to the effect that a certificate of registered sectional title has been substituted for the said sectional title deed in respect of the share in question. |
[Section 15B(9) inserted by section 4 of Act No. 33 of 2013]
| (10) | Subject to subsection (9), the registrar must further make such entries as are necessary to give effect to this section and must, if the unit is mortgaged, endorse that fact upon the certificate. |
[Section 15B(10) inserted by section 4 of Act No. 33 of 2013]
| (11) | The provisions of subsections (8) to (10) apply, with the necessary changes, to an application for a certificate of registered sectional title or a certificate of real right, as contemplated in subsection (5)(a) thereof. |
[Section 15B(11) inserted by section 4 of Act No. 33 of 2013]
[Section 15B inserted by section 10 of Act No. 63 of 1991]
