Implementation of Geneva Conventions Act, 2012
R 385
Sectional Titles Act, 1986 (Act No. 95 of 1986)1. Definitions |
"Administrator"
[Definition deleted by section 1(a) of Act No. 44 of 1997]
"architect"
means a person registered as a professional architect in terms of section 18(1)(a)(i) of the Architectural Profession Act, 2000 (Act No. 44 of 2000), read with section 19 of that Act and who has met the requirements set out in section 5(2) of this Act;
[Definition substituted by section 1(a) of Act No. 33 of 2013]
"body corporate"
means the body corporate as defined in the Sectional Titles Schemes Management Act;
[Definition substituted by section 2(a) of the Schedule of Act No. 8 of 2011]
"building"
means a structure of a permanent nature erected or to be erected and which is shown on a sectional plan as part of a scheme;
"chief ombud"
means the chief ombud as defined in the Community Schemes Ombud Service Act, 2011;
[Definition substituted by section 2(b) of the Schedule of Act No. 8 of 2011]
"Chief Director"
[Definition deleted by section 1(a) of Act No. 7 of 1992]
"Chief Surveyor-General"
means the Chief Surveyor-General appointed in terms of section 2 of the Land Survey Act, 1997 (Act No. 8 of 1997);
[Definition substituted by section 1(a) of Act No. 6 of 2006]
"common property"
in relation to a scheme, means—
| (a) | the land included in the scheme; |
| (b) | such parts of the building or buildings as are not included in a section; and |
| (c) | land referred to in section 26; |
"conveyancer"
means a conveyancer as defined in the Deeds Registries Act;
"Council"
means, in relation to architects, the South African Council for Architects established in terms of the Architects' Act, 1970 (Act No. 35 of 1970), and, in relation to land surveyors, the South African Council for Professional Land Surveyors and Technical Surveyors', and Professional & Technical Surveyors' Act, 1984 (Act No. 40 of 1984);;
"Court"
means the provincial or local division of the High Court having jurisdiction and, for the purposes of section 44, a magistrates' court having jurisdiction;
[Definition substituted by section 1(b) of Act No. 44 of 1997]
"Deeds Registries Act"
means the Deeds Registries Act, 1937 (Act No. 47 of 1937), and any regulation made thereunder;
"deeds registry"
means a deeds registry as defined in the Deeds Registries Act;
"developer"
means a person who is the registered owner of land, situated within the area of jurisdiction of a local authority, on which is situated or to be erected a building or buildings which he has divided or proposes to divide into two or more sections in terms of a scheme, or the holder of the right referred to in section 25 to extend a scheme, or his successor in title, and includes—
| (a) | for the purposes of sections 4, sections 10 and 15B(3)(c), also the agent of any such person or his or her successor-in-title, or any other person acting on behalf of any of them; and |
[Paragraph (a) substituted by section 1(b) of Act No. 33 of 2013]
| (b) | for the purposes of rebuilding any building that is deemed to have been destroyed, as contemplated in section 17 of the Sectional Titles Schemes Management Act, the body corporate concerned; |
[Paragraph (b) substituted by section 2(c) of the Schedule of Act No. 8 of 2011]
[Definition substituted by section 1(a) of Act No. 11 of 2010]
"development scheme"
means a scheme in terms of which a building or buildings situated or to be erected on land within the area of jurisdiction of a local authority is or are, for the purposes of selling, letting or otherwise dealing therewith, to be divided into two or more sections, or as contemplated in the proviso to section 2(a);
"draft sectional plan"
means a sectional plan prepared in accordance with the provisions of section 5, but not yet approved by the Surveyor-General; and "draft sectional plan of subdivision", "draft sectional plan of consolidation" and "draft sectional plan of extension" have a corresponding meaning;
"exclusive use area"
means a part or parts of the common property for the exclusive use by the owner or owners of one or more sections or by the occupant or occupants thereof recognised by law, as contemplated in this Act;
[Definition substituted by section 1(a) of Sectional Titles Amendment Act, 2022, Notice No. 1545, GG47830, dated 5 January 2023 - effective 5 January 2023]
"land"
means the land comprised in a scheme as shown on a sectional plan;
"land surveyor"
means a land surveyor as defined in section 1 of the Land Surveyor Act, 1997 (Act No. 8 of 1997), and who has met the requirements set out in terms of section 5(2) of this Act;
[Definition substituted by section 1(c) of Act No. 33 of 2013]
"lease"
for the purposes of section 17(1) means a lease which—
| (a) | was entered into for a period of not less than ten years; |
| (b) | was entered into for the natural life of the lessee or of any other person mentioned in the lease; or |
| (c) | is renewable from time to time at the will of the lessee indefinitely or for periods which, together with the first period, amount in all to not less than 10 years; |
[Definition inserted by section 1(d) of Act No. 44 of 1997]
"local authority"
means a municipality contemplated in section 151 of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996), exercising jurisdiction in the area in which the land is situated;
[Definition substituted by section 1(e) of Act No. 44 of 1997]
"Minister"
means the Minister of Rural Development and Land Reform;
[Definition substituted by section 1(b) of Act No. of 2010]
"notary public"
means a notary public as defined in the Deeds Registries Act;
"operative town planning scheme"
means a town planning scheme map and accompanying town planning scheme clauses prepared in terms of any law;
[Definition inserted by section 1(h) of Act No. 44 of 1997]
"owner"
means, in relation to—
| (a) | immovable property, subject to paragraph (b), the person registered as owner or holder thereof and includes the trustee in an insolvent estate, the liquidator of a company or close corporation which is an owner, and the executor of an owner who has died, or the representative, recognised by law, of an owner who is a minor or of unsound mind or is otherwise under a disability, if such trustee, liquidator, executor or representative is acting within the scope of his or her authority; |
| (b) | immovable property and real rights in immovable property— |
| (i) | registered in the names of both spouses in a marriage in community of property, either one or both of the spouses; |
| (ii) | registered in the name of only one spouse and forming part of the joint estate of both spouses in a marriage in community of property, either one or both of the spouses, |
and "owned" and "ownership" have a corresponding meaning;
[Definition substituted by section 1(c) of Act No. 11 of 2010]
"participation quota"
in relation to a section or the owner of a section, means the percentage determined in accordance with the provisions of section 32(1) or (2) in respect of that section for the purposes referred to in section 32(3), and shown on a sectional plan in accordance with the provisions of section 5(3)(g);
"prescribed"
means prescribed by this Act or by regulation;
"quota"
in relation to a section or the owner of a section, means the participation quota of that section;
"registrable"
means capable of being registered in terms of the Deeds Registries Act;
"registrar"
means a registrar of deeds as defined in the Deeds Registries Act;
"regulation"
means a regulation made and in force under this Act;
"rules"
means rules as defined in section 1 of the Sectional Titles Schemes Management Act;
[Definition substituted by section 2(d) of the Schedule of Act No. 8 of 2011]
"scheme"
means a development scheme;
"section"
means a section shown as such on a sectional plan;
"sectional mortgage bond"
means a mortgage bond hypothecating—
| (a) | a unit or an exclusive area, land or an undivided share unit, area or land held under a separate sectional title deed; or |
| (b) | a registered lease or sublease of any such unit, exclusive use area or land or an undivided share in such unit, area or land, which when it was entered into, was for a period of not less than 10 years or for the natural life of the lessee or any other person mentioned in the lease, or which is renewable from time to time at the will of the lessee indefinitely or for the periods which together with the first period amount in all to not less than 10 years; or |
| (c) | any other registered real right in or over any such unit or undivided share in a unit or common property or the rights referred to in sections 25 and 27; |
[Definition substituted by section 1(b) of Act No. 6 of 2006]
"sectional plan"
in relation to a scheme, means a plan approved by the Surveyor-General—
| (a) | which is described as a sectional plan; |
| (b) | which shows the building or buildings and the land comprised in the scheme, as divided into two or more sections and common property; and |
| (c) | which complies with the requirements of section 5, |
and includes a sectional plan of subdivision, consolidation or extension as provided for in this Act;
"sectional title deed"
means a certificate of registered sectional title or a deed of transfer;
[Definition substituted by section 1(f) of Act No. 63 of 1991]
"sectional title register"
means the register referred to in section 12(1)(b), and includes any sectional plan registered under this Act, and a deeds registry's duplicate of any certificate of registered sectional title deemed to be incorporated in such register;
"Sectional Titles Schemes Management Act"
means the Sectional Titles Schemes Management Act, 2011 (Act No. 8 of 2011);
[Definition substituted by section 1(b) of Sectional Titles Amendment Act, 2022, Notice No. 1545, GG47830, dated 5 January 2023 - effective 5 January 2023]
"special resolution"
means, subject to subsection (2), a resolution passed by a majority of not less than three-fourths of the votes (reckoned in value) and not less than three-fourths of the votes (reckoned in number) of members of a body corporate who are present or represented by proxy or by a representative recognized by law at a general meeting of which at least 30 days' written notice, specifying the proposed resolution, has been given, or a resolution agreed to in writing by at least 75% of all the members of a body corporate (reckoned in number) and at least 75% of all such members (reckoned in value) personally or by proxy or by a representative of any such member recognized by law: Provided that in circumstances determined in the rules, a meeting of the body corporate may be convened for a date 30 days or less after notice of the proposed resolution has been given to all the members of the body corporate;
"statutory plan"
means a land development objective prepared in terms of Chapter IV of the Development Facilitation Act, 1995 (Act No. 67 of 1995), an integrated development plan prepared in terms of section 10D(4)(b) or section 2 of Schedule 2A to the Local Government Transition Act, 1993 (Act No. 209 of 1993), or any other integrated plan, layout plan or package of plans in force in the area and which has or have been approved by a competent authority in terms of any law;
[Definition inserted by section 1(i) of Act No. 44 of 1997]
"Surveyor-General"
means a Surveyor-General appointed in terms of section 5 of the Land Survey Act, 1997 (Act No. 8 of 1997);
[Defintion substituted by section 1(c) of Act No. 6 of 2006]
"this Act"
includes the regulations;
"unanimous resolution"
means, subject to subsection (3), a resolution—
| (a) | passed unanimously by all the members of a body corporate who are present or represented by proxy or by a representative recognized by law at a general meeting of the body corporate of which at least 30 days' written notice, specifying the proposed unanimous resolution, has been given, and at which meeting at least 80% of all the members of a body corporate (reckoned in number) and at least 80% of all the members (reckoned in value) are present or so represented: Provided that in circumstances determined in the rules, a meeting of the body corporate may be convened for a date 30 days or less after notice of the proposed resolution has been given to all the members of the body corporate; or |
| (b) | agreed to in writing by all the members of the body personally or by proxy or by a representative of any such member recognized by law; |
[Definition substituted by section 1(g) of Act No. 63 of 1991]
"undivided share in common property"
in relation to an owner, means an undivided share of that owner in common property as determined in accordance with the quota of the section of which he is the owner and, in relation to a section, means an undivided share in common property apportioned to that section in accordance with the quota of the section;
"unit"
means a section together with its undivided share in common property apportioned to that section in accordance with the quota of the section.
| (2) | [Subsection (2) repealed by section 2(f)(i) of the Schedule of Act No. 8 of 2011] |
| (3) | [Subsection (3) repealed by section 2(f)(ii) of the Schedule of Act No. 8 of 2011]. |
| (3A) | [Subsection (3A) repealed by section 2(f)(iii) of the Schedule of Act No. 8 of 2011] |
| (4) | The Minister may by notice in the Gazette declare any institution or body established by or under the provisions of any other law and which exercises powers and performs duties which, in the opinion of the Minister, correspond with the powers and duties ordinarily exercised or performed by an institution or body referred to in the definition of "local authority", to be a local authority for the purposes of this Act. |
[Subsection (4) inserted by section 1(h) of Act No. 63 of 1991]
