Acts Online
GT Shield

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

Part IV : Subdivision, Consolidation and Extension of Sections

23. Registration of consolidation of sections

 

(1) An owner may, after approval of a sectional plan of consolidation of two or more sections, apply to the registrar of the deeds registry in which the sections are registered, to register the sectional plan of consolidation.

 

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

[Section 23(2)(a) substituted by section 16 of Act No. 44 of 1997]

(b) the sectional title deeds in respect of the sections to be consolidated;

[Section 23(2)(b) substituted by section 13(a) of Act No. 63 of 1991]

(c) any sectional mortgage bond registered against the sections, together with the consent of the mortgagee to the registration of the sectional plan of consolidation;
(d) a certificate of registered sectional title in the prescribed form in respect of the new section reflected on the sectional plan of consolidation, and its undivided share in the common property, made out in favour of the owner of the sections to be consolidated; and
(e) such other documents and particulars as may be prescribed.

 

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

[Section 23(3) substituted by section 13(b) of Act No. 63 of 1991]

 

(4) Upon registration of the sectional plan of consolidation, the sections in question shall be deemed to be consolidated into a single section as depicted on the sectional plan of consolidation.

 

(5) Simultaneously with the registration of the sectional plan of consolidation, the registrar shall, in lieu of the sectional title deeds referred to in subsection (2)(b), issue the certificate of registered sectional title referred to in subsection (2)(d), and thereupon the provisions of subsection (5) of section 22 relating to the endorsements and entries to be made in the deeds registry records, and of subsection (6) of that section, shall apply mutatis mutandis.

[Section 23(5) substituted by section 13(c) of Act No. 63 of 1991]

 

(6) The provisions of section 40(5) of the Deeds Registries Act shall apply mutatis mutandis with reference to any mortgage bond registered over one or more component sections of the section represented on the sectional plan of consolidation.