Sectional Titles Act, 1986 (Act No. 95 of 1986)

Part IV : Subdivision, Consolidation and Extension of Sections

22. Registration of subdivision of section
Purchase cart Previous page Return to chapter overview Next page

 

(1)An owner may, after approval of a sectional plan of subdivision of a section, apply to the registrar of the deeds registry in which the section is registered, to register the sectional plan of subdivision.

 

(1A) The provisions of subsection (1) apply with the necessary changes where a developer, prior to the establishment of a body corporate, wishes to register a sectional plan of subdivision of a section.

[Section 22(1A) inserted by section 8(a) of Sectional Titles Amendment Act, 2022, Notice No. 1545, GG47830, dated 5 January 2023 - effective 5 January 2023]

 

(2)An application under subsection (1) shall be accompanied by—
(a)two copies of the sectional plan of subdivision;

[Section 22(2)(a) substituted by section 15 of Act No. 44 of 1997]

(b)the sectional title deed in respect of the section to be subdivided;

[Section 22(2)(b) substituted by section 12(a) of Act No. 63 of 1991]

(c)any sectional mortgage bond to which the section may be subject, together with the consent of the mortgagee to the cancellation of the bond or to the release of the section from the bond or to the subdivision and substitution of the new sections in lieu of such section as security under the bond;
(cA) any lease or other deed embodying any other real right registered against the section at the time of subdivision, if available: Provided that where the lease or other deed embodying the real right is not available, an affidavit must be submitted by the owner or developer, as the case may be, to the effect that the lease or other deed is not available, whereupon the registrar must endorse the deeds registry duplicate thereof, and, if the original lease or other deed is at any time lodged with the registrar, he or she must make a similar endorsement thereon;

[Section 22(2)(cA) inserted by section 8(b) of Sectional Titles Amendment Act, 2022, Notice No. 1545, GG47830, dated 5 January 2023 - effective 5 January 2023]

(d)certificates of registered sectional title in the prescribed form for each of the new sections and their undivided shares in the common property created by the subdivision, made out in favour of the owner;

[Section 22(2)(d) substituted by section 8(c) of Sectional Titles Amendment Act, 2022, Notice No. 1545, GG47830, dated 5 January 2023 - effective 5 January 2023]

(e)[Section 22(2)(e) deleted by section 8(d) of Sectional Titles Amendment Act, 2022, Notice No. 1545, GG47830, dated 5 January 2023 - effective 5 January 2023]
(f)such other documents and particulars as may be prescribed.

 

(2A)

(a) Where an application as contemplated in subsection (1) is made by a developer, such application must also be accompanied by an affidavit by such developer to the effect that at the date of the application, no unit in the scheme has been sold, donated or exchanged, or if a unit was so alienated but not yet registered in the name of the acquirer, the developer had disclosed in writing to the acquirer thereof that application has been made for the registration of the sectional plan of subdivision of the relevant section.
(b) A deed of alienation in which the subdivision has not been disclosed, shall be voidable at the option of the acquirer.’’.

[Section 22(2A) inserted by section 8(e) of Sectional Titles Amendment Act, 2022, Notice No. 1545, GG47830, dated 5 January 2023 - effective 5 January 2023]

 

(3)When the requirements of this section and any other relevant law have been complied with, the registrar shall register the sectional plan of subdivision referred to in subsection (1), furnish a copy of the sectional plan of subdivision to the local authority concerned and notify the Surveyor-General of the registration of the sectional plan of subdivision, and thereupon the Surveyor-General shall amend the original sectional plan and the deeds office copy of the sectional plan to reflect such subdivision.

[Section 22(3) substituted by section 12(b) of Act No. 63 of 1991]

 

(4)Upon registration of the sectional plan of subdivision, the portions in question shall be deemed to be separated from one another and shall each be deemed to be a separate section.

 

(5)Simultaneously with the registration of the sectional plan of subdivision the registrar shall, in lieu of the sectional plan title deed referred to in subsection (2)(b), issue the certificates of registered sectional title referred to in subsection (2)(d), and make such endorsements on the superseded and newly issued certificates of registered sectional title, any sectional mortgage bond, lease or other deed embodying any other real right registered against the section at the time of subdivision, and entries in the deeds registry records, as he may deem necessary to give effect to the provisions of this section.

 

(6)A sectional plan of subdivision shall upon the registration thereof be deemed to be incorporated in the sectional plan registered in terms of section 12(1)(a), and the provisions of section 13(2) shall apply mutatis mutandis to such plan and the certificates of registered sectional title issued in terms of subsection (5).