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

Part II : Development Schemes, Sectional Plans And Sectional Title Registers

5. Manner of preparing draft sectional plans


(1) A draft sectional plan shall be prepared and signed by a land surveyor or an architect in accordance with the provisions of this Act, and the numerical and other data recorded thereon shall be within the prescribed limits of accuracy: Provided that the part of a draft sectional plan referred to in subsection (3)(a), and any delineation of an exclusive use area of which the boundaries are not represented by physical features of a permanent nature, shall be prepared by a land surveyor and signed by him.


(2) A draft sectional plan which has been prepared by a land surveyor or architect who has been required by the Chief Surveyor-General to sit for a prescribed examination in connection with the preparation of draft sectional plans, and which has been submitted to the Surveyor-General as required by section 7, shall not be accepted by the Surveyor-General unless the land surveyor or architect concerned has passed such examination.


(3) A draft sectional plan shall—
(a) delineate the boundaries of the land in accordance with the relevant diagram or general plan and the location of the relevant building or buildings in relation thereto: Provided that any error in such diagram or general plan in regard to the boundaries of the land shall be rectified in terms of the Land Survey Act, 1997 (Act No. 8 of 1997), prior to the preparation of the sectional plan: Provided further that if the Surveyor-General does not require rectification of such diagram or general plan, the land surveyor shall record his own dimensions on that part of the draft sectional plan referred to in this paragraph;
(b) indicate the name of the scheme;

[Section 5(3)(b) substituted by section 3(a) of Act No. 63 of 1991]

(c) include a plan to scale of each storey in the building or buildings shown thereon;
(d) subject to subsections (4) and (5), define the boundaries of each section in the building or buildings, and distinguish each section by a number;
(e) show the floor area to the median line of the boundary walls of each section, correct to the nearest square metre, and the total of the floor areas of all the sections ;
(f) delineate in the prescribed manner any exclusive use area;
(g) have endorsed upon or annexed to it a schedule specifying the quota of each section in accordance with section 32(1) or (2) and the total of the quotas of all sections shown thereon; and
(h) be drawn in such manner and contain such other particulars as may be prescribed.


(4) The common boundary between any section and another section or common property shall be the median line of the dividing floor, wall or ceiling, as the case may be.


(5) For the purposes of subsection (3)(d) the boundaries of a section shall be defined—
(a) by reference to the floors, walls and ceilings thereof, or as may be prescribed: Provided that any window, door or other structure which divides a section from another section or from common property, shall be considered to form part of such floor, wall or ceiling; and

[Section 5(5)(a) substituted by section 2 of Act No. 11 of 2010]

(b) in respect of a part of a section (such as a steep, porch, balcony, atrium or projection) of which the boundaries cannot be defined in terms of paragraph (a) but being appurtenant to a part of that section which can be defined in terms of that paragraph, in the manner prescribed.


(6) A section may consist of non-contiguous parts of a building or buildings.


(7) [Section 5(7) deleted by section 3 of Act No. 63 of 1991]