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

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

8. Improper conduct of land surveyors and architects


A land surveyor or architect shall for the purposes of the Professional Land Surveyors' and Technical Surveyors' Act, 1984 (Act No. 40 of 1984), and the Architects' Act, 1970 (Act No. 35 of 1970), as the case may be, be guilty of improper conduct, if he—

(a) signs, except as provided in such circumstances as may be prescribed, a draft sectional plan, a sectional plan or any other plan referred to in this Act, required in connection with the registration thereof, and in respect of which he or she has not carried out or supervised the measurements, and has not carefully examined and satisfied himself or herself of the correctness of the entries in any records and of the calculations in connection therewith which may have been made by any other person;

[Section 8(a) substituted by section 4(a) of Act No. 44 of 1997]

(b) signs any defective plan knowing it to be defective;
(c) repeatedly performs defective sectional title surveys in respect of which adequate checks have not been applied;
(d) makes an entry in a field record, a copy of a field record or other document which purports to have been derived from actual measurement in the field, when it was in fact not so derived;
(e) supplies erroneous information to the Surveyor-General in connection with any scheme, knowing it to be erroneous;
(f) carries out his duties in terms of this Act in a manner which the Chief Surveyor-General finds after investigation to be incompetent or unsatisfactory; or
(g) contravenes a provision of this Act or fails to comply therewith,

and in the case of land surveyors, the Director General of Rural Development and Land Reform or in the case of architects, the Director-General: Public Works, or any other official authorized thereto by the Director-General concerned, may refer a complaint in this regard to the relevant Council for investigation and the taking of such steps as the Council may deem fit.

[Words following section 8(g) substituted by section 7 of the Rural Development and Land Reform General Amendment Act, 2011 (Act No. 4 of 2011), Notice No. 427, GG 34300, dated 16 May 2011]