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

Part X : Miscellaneous

55. Regulations

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(1)        The Minister may, after consultation with the sectional titles regulation board, make regulations in regard to—

(a)the form of sectional title registers to be opened and kept by a registrar and the particulars to be registered or filed in any such register;
(b)the form of any deed or document to be registered or filed in a deeds registry;
(c)the procedures to be followed in a deeds registry or an office of the Surveyor-General to give effect to the provisions of this Act;
(d)the manner and the unit of measure in which measurements shall be taken in the preparation or modification of a draft sectional plan or sectional plan, and the manner and form in which the records of such measurements shall be prepared and lodged with the Surveyor-General; the degree of accuracy to be obtained and the limit of error to be allowed in the taking of a measurement in the preparation or modification of a draft sectional plan or sectional plan; the steps to be taken by the Surveyor-General to test the correctness or accuracy of measurements of which the results are recorded on a draft sectional plan, sectional plan or other plan relating thereto or filed in his office in connection with a plan or sectional plan; and the steps to be taken by the Surveyor-General in the event of a measurement being inaccurate or incorrect to cause the defective sectional plans and relative title deeds to be amended;

[Paragraph (d) substituted by section 23 of Act No. 63 of 1991]

(e)the size of a draft sectional plan, sectional plan or other plan relating thereto, and the scale according to which and the manner in which such draft sectional plan, sectional plan or other plan shall be prepared; the information to be recorded thereon; the number of draft sectional plans, sectional plans or other plans to be supplied; and the circumstances in which the Surveyor-General may authorise a departure from a regulation made in terms of this paragraph if it is found that compliance with such regulation is impossible or unpractical;

[Paragraph (e) substituted by section 10 of Act No. 7 of 1992]

(f)the method according to which draft sectional plans, sectional plans, buildings and sections shall be numbered;
(g)the fees of office (if any) to be charged in respect of any act required or permitted to be done in or in relation to, or any matter in connection with, a deeds registry or office of a Surveyor-General, including any report made to the Court by the registrar or Surveyor-General in connection with any application or action to which he is not a party;
(h)[Paragraph (h) deleted by section 17 of Act No. 170 of 1993];
(i)[Paragraph (i) deleted by section 3 of Act No. 15 of 1993];
(j)[Paragraph (j) deleted by section 27 of Act No. 44 of 1997];
(k)[Paragraph (k) repealed by section 22 of the Schedule of Act No. 8 of 2011];
(l)the syllabus for the examination referred to in section 5(2), and in regard to all matters incidental to conducting such examination;
(m)the conditions under which copies of sectional plans may be issued by the Surveyor-General for judicial, information or other purposes;
(n)any matter required or permitted to be prescribed by regulation under this Act; and
(o)generally, any matter which he considers necessary or expedient to prescribe in order that the purposes of this Act may be achieved.

 

(2) Regulations made by the Minister shall be published in the Gazette at least one month before the date specified in the relevant notice as the date of commencement thereof.

[Section 55(2) inserted by section 16 of Sectional Titles Amendment Act, 2022, Notice No. 1545, GG47830, dated 5 January 2023 - effective 5 January 2023 - paragraphs have been renumbered]