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

Part IV : Subdivision, Consolidation and Extension of Sections

21. Approval of plan of subdivision or consolidation by Surveyor-General

 

(1) If an owner of a section proposes to subdivide his or her section or to consolidate two or more sections registered in his or her name, he or she shall if authorised in terms of section 7(2) of the Sectional Titles Schemes Management Act, cause the land surveyor or architect concerned to submit the draft sectional plan of subdivision or consolidation, as the case may be, to the Surveyor-General for approval.

[Section 21(1) substituted by section 7 of the Schedule of Act No. 8 of 2011]

 

(1A) The provisions of subsection (1) apply with the necessary changes where a developer, prior to the establishment of a body corporate, intends to subdivide his or her section or to consolidate two or more sections registered in his or her name.

[Section 21(1A) inserted by section 7 of Sectional Titles Amendment Act, Notice No. 1545, GG47830, dated 5 January 2023 - effective 5 January 2023]

 

(2) The submission of the draft sectional plan of subdivision or consolidation to the Surveyor-General shall be accompanied by—
(a) the documents referred to in section 7(2), suitably adjusted;

[Section 21(2)(a) substituted by section 14(b) of Act No. 44 of 1997]

(b) in the case of a subdivision, a schedule specifying, in the manner prescribed, the apportionment of the participation quota of the section between the new sections created;
(c) in the case of a consolidation, a schedule specifying, in the manner prescribed, the participation quota of the new section created, being the aggregate of the quotas of the sections that are to be consolidated.

 

(3) The provisions of section 7(3) and (4) shall apply mutatis mutandis to the preparation and submission of a draft sectional plan of subdivision or consolidation to the Surveyor-General, and to the approval of such plan by him.